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Mr. Justice Sopinka once noted that human rights legislation is,

often the final refuge of the disadvantaged and the disenfranchised. As the last protection of the most vulnerable members of society, exceptions to such legislation should be narrowly construed.[76]

There are, arguably, few groups in society today who are as disadvantaged and disenfranchised as the transgendered community. Transphobia combined with the hostility of society to the very existence of transgendered people are fundamental human rights issues. The Ontario Human Rights Commission is in a unique position to provide concrete support and assistance, and at a minimum, acknowledgement of both their difference and their humanity.

[76] See Zurich Insurance Co. v. Ontario (Human Rights Commission), [1992] 2 S.C.R. 321.


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