Competing Human Rights... Where is the Justice?

June 2016

Jim Enos

Earlier this year the City of Hamilton agreed with the Ontario Human Rights Commission to institute policy regarding the use of public washrooms, change rooms and showers in City of Hamilton facilities.  This policy will permit males who identify as females to access and use public female washrooms, change rooms and showers; this despite significant public opposition.  While their reason for doing this changed over time the last reason for agreeing to do this was based on the idea of ‘inclusive society’ in which, A male who self-identifies as female and who lives as a female is a trans woman and, as such, is entitled to access women’s washroom and change room facilities”.


 

CHP Canada disagrees with this statement of entitlement, in fact the Ontario Human Rights Code is the Law and also disagrees.  In Section 20, subsection 1 it states:

Restriction of facilities by sex

20. (1) The right under section 1 to equal treatment with respect to services and facilities without discrimination because of sex is not infringed where the use of the services or facilities is restricted to persons of the same sex on the ground of public decency.  R.S.O. 1990, c. H.19, s. 20 (1).

Restricting males from accessing and using female washrooms, change rooms and showers is discrimination just as restricting 18 year olds from consuming alcohol is discrimination however, according to the Code, sex segregated facilities are not an infringement of a human right on the ground of public decency.

The Ontario Human Rights Commission Policy states:

The Canadian Charter of Rights and Freedoms, provincial human rights legislation (including the Ontario Human Rights Code) and the courts recognize that no rights are absolute and no one right is more important than another right. Our laws guarantee rights such as freedom of expression as well as protection against discrimination and harassment based on gender, creed, sexual orientation and disability, among other grounds. They require we give all rights equal consideration. The law also recognizes that rights have limits in some situations where they substantially interfere with the rights of others.

To insist that males who self-identify as female are entitled to access female washrooms, change rooms and showers is contrary to the Ontario Human Rights Code and does not recognize or honour Ontario Human Rights Commission Policy in respecting that no right is more important than another right. To institute such policy does not recognize that it will substantially interfere with the rights of others on the ground of public decency.

CHP Canada supports the need and right of females to be accommodated with facilities such as public washrooms, change rooms and showers where they can be in various states of disrobing, showering or carrying out various needs of feminine hygiene without the presence (or pending presence) of a male in that facility and we believe this is in keeping with the Ontario Human Rights Code and Ontario Human Rights Commission Policy.

We encourage you to call 905-546-2424 and ask to speak with your Ward Councillor and to call the Mayor’s Office at 905-546-4064.  You can also e-mail our Mayor’s office at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

CHP Canada

‘Bringing Respect for Life and Justice to Canadian Politics’

The Christian Heritage Party of Canada

 

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