|
Transgender - General. Burjoski v. Waterloo Region District School Board
In Burjoski v. Waterloo Region District School Board (Ont CA, 2024) the Ontario Court of Appeal dismissed an appeal from the denial of a SLAPP motion, here where a school board defendant was sued for defamation in the context of disputes over transgendered-issued books in school libraries.
Here the court considers discrimination against the transgendered:[96] The comments made by the respondent could be interpreted by some as reflecting undesirable and offensive stereotypes that have historically plagued the transgender community. One such discredited notion is that those who identify as transgender are simply confused and experiencing “emotional and social distress”. The Board Chair may have perceived that the respondent’s comments were rooted in erroneous myths and stereotypes. He may have inferred that the effect of her speech was, in some fashion or another, to question the right of trans people to exist. However, that was his interpretation of what the respondent said. It was not what she said. He did not distinguish between her speech, his interpretation of that speech, or the inferences that he drew from it.
[97] The transgender community has experienced serious historical discrimination and disadvantage. Speech that stigmatizes and marginalizes transgender persons is properly countered in order to convey respect for their dignity and equality. These are important interests.
....
[115] We close with a comment about the use of language. The intervener Egale Canada noted that the motion judge used various terms to describe transgender persons, some of which were erroneous. We agree that words matter. Proper terminology signals respect for the dignity and equality of an individual or group. This is all the more important when referring to those from historically marginalized communities, who have fought to have their identities recognized. We are confident that the motion judge meant no disrespect by using the terms that he did, but we encourage all participants in the justice system to take the necessary care when engaging with language that purports to define individual identity.
|
