University of British Columbia Law Review
Canada; Human rights; Canadian Charter of Rights and Freedoms; Discrimination
This paper analyzes the issue of whether the human rights concept of discrimination should be consistent with the constitutional meaning. It includes a case study of whether it is discrimination for a women’s group to exclude male to female transsexual persons. The author concludes that given the purposes of human rights law, the meaning of discrimination should be sophisticated enough to address such complex cases where there are equality claims on both sides.
Christine Boyle, “The Anti-Discrimination Norm in Human Rights and Charter Law: Nixon v. Vancouver Rape Relief” (2004) 37:1 UBC L Rev 31-72.