But gender identity is something that people decide for themselves, said human rights expert and University of B.C. law Nike Air Vapormax Mujer professor Margot Young. It’s an internally felt thing, and not based on another person’s perception, she said.
Young said she thinks Whatcott’s request for an examination is continued harassment.
“It’s almost there’s a double offence in the sense that he’s trying Asics Gel Lyte 3 Femme Bleu to turn the complaint into a vehicle for further discrimination on the basis of gender identity,” she said.
Susanna Allevato Quail, Oger’s lawyer, said Whatcott is trying to make the complaint about whether it’s “real or okay to be trans.” But, Quail said, the case is actually about where and when free speech becomes hate speech, and she hopes this case develops the law, and clarifies the difference between the two.
“There aren’t very many decisions out there that set out how freedom of expression and equality rights intersect,” she said. “There’s a difficult boundary Nike Air Pegasus 83 Donna between protecting people from hate speech and ensuring people have freedom of expression.”
As quoted in the documents, Whatcott said that if Oger’s complaint is successful, it would “silence moral and religious opposition to transgender behaviour … and silence Adidas ZX 750 Mujer meaningful social and political debate.”
Broadly speaking, the case will also show whether the courts take the protection of transgender people seriously, Young said.
“He attacked her not because of her politics,” she said, “but because of her gender identity.”
But, like disability and race, gender identity is one of the grounds on which our laws protect people from attacks and harassment, Young said.
“Our code tells us we’re going to protect people from being made unequal,” she said.
Oger hopes this case shows trans people they can count on the legal system to Adidas Eqt Support Adv Mujer help protect them from discrimination, and said there’s a difference between people quietly disliking the trans community and voicing it publicly.