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Kavanagh v Canada (Attorney General)
1993–2001 legal case in Canada / From Wikipedia, the free encyclopedia
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Synthia Kavanagh is a transgender inmate serving time for second degree murder in Canada, who filed a human rights complaint on the basis of three claimed discriminatory actions. It was argued that Kavanagh's incarceration in a male prison, her deprival of the hormone therapies that she had previously been taking, and the lack of surgical sex-reassignment options that were available to her all constituted violations of section 5 of the Canadian Human Rights Act. Ultimately the Canadian Human Rights Tribunal ruled that incarcerating Kavanagh in a male prison and barring her from seeking sex reassignment surgery violated her fundamental rights and freedoms.
This article relies largely or entirely on a single source. (June 2016) |
Kavanagh v Canada (Attorney General) | |
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Court | Canadian Human Rights Tribunal |
Decided | 31 August 2001 |
Citation | 2001 CanLII 8496 (CHRT) |
Ruling | |
Discrimination on the basis of transsexualism constitutes a violation of Section 5 of the Canadian Human Rights Act. Correctional Services Canada could not provide a bona fide justification of these discriminatory practices. Synthia Kavanagh's complaints are sustained. | |
Case opinions | |
Decision by | Anne Mactavish |