Rape relief agency appeals court decision on transgendered dismissal

Community Action, Oct 25, 2004

VANCOUVER -- Two organizations are at odds over of a transgendered person in a human rights case. Egale a national organization that advocates for gay, bisexual and transsexual persons, has been granted intervenor status in an upcoming judicial appeal launched by the Vancouver Rape Relief Society.

Kimberley Nixon, the transgender person, was dismissed as a volunteer and possible employee by the VRRS because "men were not allowed in the training group" of the Society. Nixon launched a complaint with the BC Human Rights Tribunal which found VRRS had discriminated against Nixon and awarded her $7,500. A judicial review over turned this decision.

Justice Smith of the Court of Appeal for B.C. granted Egale intervenor status in Nixon's appeal of the judicial review

Nixon, who had undergone sex reassignment surgery to become a women in 1990, was initially accepted as a volunteer counsellor by VVRS to help women who had been physically or emotionally, abused by men. However, when VRRS discovered Nixon's past life as a man, she was told by VRRS she could no longer participate in its training program because "men were not allowed in the training group."

In his decision to allow Egale status, Justice Smith thought the organization, unlike other intervenor groups, such as Defenders and Women Against Violence Against Women, "has an unique perspective on the effects of discrimination on the groups and individuals for whom it advocates." Consequently, it "may make a useful contribution" on questions about applying proof of discrimination under section 15 of the Charter of Rights to BC'S Human Rights Code and on questions regarding the constitutionality and interpretation of Section 41 of the BC Code.

Section 41, which was the section cited by the judges who overturned the original Tribunal decision, allows not-for-profit organizations or companies that work on behalf of identifiable groups or a class of persons to contravene the Code when it grants "a preference to members of the identifiable, group or class of persons."