HEAL8170 Individual Assignment Sample
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Assignment 1
The current news article chosen is titled “Quebec Superior Court ruling is historic win for trans rights” that presents the case of gender identity based discrimination whereby sex and gender are two different concepts, but, the existing Civil Code indicate that sex and gender are synonyms (canadianlawyermag.com, 2021). Similarly, the case argued that there were similar discriminations for transgender and the existing Civil Code was discriminatory. The case took place in Quebec Superior Court whereby the conclusions from the case indicated that several sections of the Civil Code were discriminatory and unconstitutional.
The areas of health laws and legislations that relate to the current case of Centre for Gender Advocacy c. Attorney General of Quebec were Canadian Charter of Rights and Freedoms and Québec’s Charter of Human Rights and Freedoms (canlii.org, 2021). The Canadian Charter of Rights and Freedoms ensures that all Canadians have equal rights and freedom for any decision making or actions except certain aspects (canada.ca, N.D.). The rights comprises of equality rights, anti-discrimination against multicultural heritage, rights for Indigenous people, rights for sexual orientation, gender, marital status and religion. The Québec’s Charter of Human Rights and Freedoms is almost the same that ensures that all people living in Canada receive equal recognition for human rights without any exclusion or preference based on sex and gender, religion, age, ethnicity, language and others (legisquebec.gouv.qc.ca, 2021).
The plaintiffs identified in the case were Centre for Gender Advocacy and four other individuals whereby all four individuals were transgender some who are willing to undergo gender change and one of them have already undergone change (canadianlawyermag.com, 2021). On the other hand, the defendant was The Attorney General of Quebec who was challenging the current case.
Different issues have been presented by the plaintiff was that first of all the words sex and gender are not synonyms and both have different meaning (canadianlawyermag.com, 2021). Secondly, the issue that was indicated by the plaintiff was that certain sections of the Civil Code breach the mandates mentioned in Quebec Charter of Human Rights and Freedoms and by the Canadian Charter of Rights and Freedoms. Another issues mentioned was that the Civil Code is discriminatory because it does not allow the basic rights of changing the sex and gender especially in case of transgender and non-binary people after they undergo sex change (cbc.ca, 2021).
In the situation that similar case arises in my organisation, first of all I would ensure that there is an effective anti-discrimination code of conduct in my organisation and organisational culture will be based on equality of all employees irrespective of culture, gender, sex, ethnicity and others. Secondly, I would also ensure that all employees are given the equal rights to work as well as in terms of promotions, appraisals and others. I will also ensure that this type of situation never arises by applying the corporate governance code of conduct with the Canadian Charter of Rights and Freedoms.
References
canada.ca (N.D.). Guide to the Canadian Charter of Rights and Freedoms. Available at https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html#a2a.
canadianlawyermag.com (2021). Quebec Superior Court ruling is historic win for trans rights. Available at https://www.canadianlawyermag.com/practice-areas/litigation/quebec-superior-court-ruling-is-historic-win-for-trans-rights/337449.
canlii.org (2021). Centre for Gender Advocacy c. Attorney General of Quebec. Available at https://www.canlii.org/en/qc/qccs/doc/2021/2021qccs191/2021qccs191.html.
cbc.ca (2021). Judge’s ruling on Quebec’s Civil Code hailed as victory for trans, non-binary people. Available at https://www.cbc.ca/news/canada/montreal/trans-non-binary-rights-ruling-civil-code-quebec-1.5893137.
legisquebec.gouv.qc.ca (2021). chapter C-12: CHARTER OF HUMAN RIGHTS AND FREEDOMS. Available at http://legisquebec.gouv.qc.ca/en/showdoc/cs/c-12
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