An Ontario human rights tribunal ruled against Michelle Brodeur and Erica McCowan. They had claimed that they were discriminated against by the Ministry of Health and Long-Term Care because they could not receive breast augmentation services (for an MtF transwoman who had no breast development), depilation (facial hair removal), or voice therapy.
However, the July 15 decision is not a true loss. The tribunal concluded that the complainants had failed to provide the expert and other evidence necessary to establish their claim. Had they provided that evidence, the result might have been different.
So the take-away lesson is: if you are taking a human rights case, make sure you have your ducks in a row. Get some advice about what kind of evidence you are likely to need.
However, the July 15 decision is not a true loss. The tribunal concluded that the complainants had failed to provide the expert and other evidence necessary to establish their claim. Had they provided that evidence, the result might have been different.
So the take-away lesson is: if you are taking a human rights case, make sure you have your ducks in a row. Get some advice about what kind of evidence you are likely to need.
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