School boards in ON are bound by s. 15 of the Canadian Charter of Rights & Freedoms ("Charter") & by s. 1 of the Ontario Human Rights Code ("Code"). There are differences in wording comparing the Charter & the Code. For example, the Charter only says "sex" while the Code ... /1
includes the following in addition to sex: sexual orientation, gender identity, gender expression, marital status & family status. Let me explain the difference as I would when teaching high school law & history which I've taught. Sex in the Charter includes the terms ... /2
... in the Code. The Code is passed by a majority vote of the Ontario Legislature. Accordingly, it has been changed over time to include these additional terms. For example, gender identity & gender expression were added in 2012. The wording in the Charter, however, is ... /3
... too difficult for the Canadian Parliament to change. The Charter itself barely made it through significant legal hurdles to become Canada's ultimate law in 1982. The Charter's amending formula (s. 38) requires the approval of two-thirds of the provincial legislatures ... /4
... representing at least 50% of Canada's population. There are other political reasons why constitutional changes are avoided in Canada. Nevertheless, Canadian courts have interpreted "sex" in the Charter to essentially include those additional terms in the Code. /5
As an employee of a school board in ON, I am bound by the Charter & the Code in how I teach students & relate to their families. Therefore, I must treat them equally regardless of sex, sexual orientation, gender identity, gender expression, marital status, & family status.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
