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Home / Sections / Sexual & Gender Diversity Alliance / Articles

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Explore the Sexual & Gender Diversity Alliance Section articles. Have an article to submit? We’d love to hear from you! 

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The Borderland Pride Decision: Can Freedom of Expression Save McQuaker?

Tamara J. Sylvester (they/them/One) | May 04, 2025

The Township of Emo and its incumbent mayor appealed a decision from the Human Rights Tribunal of Ontario, which held that the Township and its mayor discriminated against Borderland Pride when it refused to grant its request for a proclamation declaring June as Pride Month in the Township of Emo. This article provides an overview of the Borderland case and will briefly discuss the merits, if any, of escalating opinions that the decision contradicts freedom of expression rights.

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Proposed Bills in Alberta Affecting Trans Youth

Rachel Allen (she/her) | November 21, 2024

On October 31, 2024, the Alberta government announced a trio of proposed bills that, if passed into law, would affect the rights of trans youth. This article summarizes the effects of these bills and the likely next steps for these bills to become law.

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Erfan Bhuyian: SAGDA’S Outgoing Chair

Jose Garcia-Bonilla | November 21, 2024

Erfan Bhuyian, SAGDA’s outgoing Chair, is deeply committed to diversity and inclusion. He has been involved in various equity-seeking initiatives throughout his career, including his eight-year involvement with SAGDA. As a legal professional, he is focused on spearheading policy initiatives with the Ontario government and ensuring that the implementation of these policies is conducted in a reasonable and just manner. 

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The “Lesbian Lawyer”: barbara findlay, K.C.

Tamara J. Sylvester (one/they/them) | June 12, 2024

The courtroom is not where one expects to encounter a superhero. Lawyers, even the great ones, have yet to inspire such a characterization, in fiction or in fact. Until now! barbara findlay KC has earned the right to be revered as such. After all, a superhero, simply put, is a human being who uses their unique abilities to make the world a more just and humane place. barbara wields her pride in her lesbian identity as a superpower to achieve equal rights and justice for the 2SLGBTQ+ Community.

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Case Comment: The Ontario Superior Court Holds that the Charter Requires An Individualized Approach to Gender Affirming Care

Tamara J. Sylvester (one/they/them) | June 03, 2024

In 2024, the Ontario Superior Court of Justice upheld KS' challenge to OHIP's decision to deny her funding for a surgery that best matched her gender identity. This case comment summarizes and analyzes this decision and its implications.

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(Un)Protecting Children: Refuting Danielle Smith’s Policies on 2SLGBTQ+ Healthcare, Education and Sports

Brandon Bova (he/him) | June 03, 2024

This article by Brandon Bova, an incoming 3L at Osgoode Law School, analyzes and critiques the policies proposed by Albertan politician Danielle Smith on January 31, 2024, through a medical, social, and legal lens.

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What UR Pride Tells Us About Fundamental Rights and Freedoms in Canada

Mark Ziman Smith (He/Him) | June 03, 2024

This article is the winner of the 2024 SOGIC Student Article Competition. Written by University of Toronto incoming 2L Mark Ziman Smith, this article discusses how the notwithstanding clause, as used in UR Pride Centre for Sexuality and Gender Diversity v. Government of Saskatchewan et al, fits into the legal landscape and affects minority rights.

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Justice Joseph Callaghan: Sitting on the Bench of the Ontario Court of Justice

Rachel Allen (she/her) | February 14, 2024

Justice Joseph Callaghan is an openly gay judge currently sitting in the Ontario Court of Justice in Toronto. He has been sitting on the bench since 2022, after working in the criminal justice system since 1995.

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Rainbow Alliance Dryden et Al. v Webster: Court Rules “Groomer” a Slur Against the 2SLGBTQ+ Community

Nofil Nadeem (he/him) | February 07, 2024

In 2023, the Ontario Superior Court of Justice in Rainbow Alliance Dryden et al. v Webster ruled that the word “groomer,” when used to attack the 2SLGBTQ+ and drag community, is a slur and not protected by Ontario’s anti-SLAPP laws. This article summarizes the decision and how the case accords with the recent decision of Hansman v Neufeld.

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Gregory Ko: SOGIC's Outgoing Chair

Rachel Allen (she/her) | November 17, 2023

Gregory Ko, the Outgoing Chair of the SOGIC Executive, has used his skills as an advocate to challenge discriminatory policies. Greg's recent cases include representing clients challenging Canadian Blood Services ban on donations from queer men and the Health Canada rule barring gay and bisexual men from donating sperm.

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Hansman v Neufeld: Counter-Speech and Trans Rights

Rachel Allen (she/her), Amy Chen (she/her) | November 17, 2023

In 2023, the Supreme Court of Canada considered a defamation case revolving around the public criticism of transphobic and homophobic comments made by a school board trustee. The decision of Hansman v Neufeld emphasized the importance of counter-speech and recognized the trans community is a marginalized group deserving rights and protections under Canadian law.

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Introductory Primer to Name and Gender Marker Changes in Ontario

Amy Chen (she/her), Rachel Allen (she/her) | November 17, 2023

This article is an introductory primer to a lawyer's involvement in assisting individuals with their change of name or change of gender marker applications for Ontario documentation.

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Prospective Developments in Italian Law Regarding 2SLGBTQ+ Families

Rachel Allen (she/her) | November 17, 2023

In 2022, Italy elected Giorgia Meloni as prime minister. Meloni ran on a platform that specifically targeted 2SLGBTQ+ parenting rights. The impact of Meloni's election demonstrates the current risk facing 2SLGBTQ+ rights globally.

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Neha Chugh: Addressing Bias Against Trans Communities One Juror at a Time!

Tamara J. Sylvester (they/them) | June 19, 2023

Recently, the Supreme Court's obiter comments in Chouhan were put to the test. The Ontario Superior Court in R v K.P. granted an application to challenge prospective jurors for cause on the ground that they may be biased against transgender individuals in the community of Cornwall. The lawyer behind the compelling application was Ontario’s very own Neha Chugh. Chugh, who practises criminal, family and child protection law in Eastern Ontario, is no stranger to the spotlight or commendation.

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Our Families, Our Laws: the role three incredible lawyers played in expanding parental recognition to include 2SLGBTQ families

Kirsti Mathers McHenry (she/her) | June 13, 2023

I sat down with Joanna Radbord, Kelly Jordan, and Shirley Levitan, three lawyers who were instrumental in developing the All Families Are Equal Act, to talk about how the Act has helped 2SLGBTQ families. Experts in 2SLGBTQ family formation and the laws governing it, they have dedicated their legal practices to understanding and evolving the definition of family in Ontario. For decades, they have helped families navigate legal mazes to secure appropriate recognition for 2SLGBTQ families.

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Conversion Therapy Ban in Canada: a year in review

Jose Garcia-Bonilla | May 31, 2023

Conversion therapy has been banned in Canada for just over one year. When the ban was introduced, it was heralded as a historic win in protecting 2SLGBTQ+ communities and was generally well-received by the public and advocacy groups. This article provides background information surrounding the criminalization of conversion therapy in Canada and explores some of the criticisms of the ban one year after its implementation.

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A Place to Belong: justice for 2SLGBTQIA+ communities

Kirsti Mathers McHenry (she/her) | February 24, 2023

The 519 has been a beacon for 2SLGBTQIA+ communities for decades. Offering programs, space, and leadership, The 519 supports and cultivates our communities in myriad ways. Many of us have attended parties, workshops, planning sessions, and lectures at The 519. As Sebastian Commock (he/him), manager of legal initiatives at The 519, says, it’s a place that “feels like home – a place I belong.”

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Come out! Give Back! Stay Strong: a call to the legal profession to increase access to justice for 2SLGBTQ+ communities

Kirsti Mathers McHenry (she/her) | February 24, 2023

The access to justice needs of 2SLGBTQ+ communities are significant and the services available to meet those needs vary across the province. This article explores those needs and the ways in which two community leaders and their organizations are working to meet them.

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David Alli: A Beacon for Future Black Legal Professionals

Tamara J. Sylvester (one/they/them) | February 23, 2023

We’ve already made history; the Black community’s contribution to Canadian society is undeniable and indelible. The focus is on the future and ensuring that Black futures are bright. David S. Alli, Ontario’s first Black Queer legal partner, signals a new dawn, a new day, and a new light for Black students and lawyers aspiring to the upper echelons of the legal profession.

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Changes to OHIP Funding Model Removes Important Service from Rural Trans Clients

Kirsti Mathers McHenry | November 18, 2022

When virtual care is limited to family physicians who also see patients in person, there is a disparate impact on those seeking gender-affirming care who cannot access services vital to their health and well-being locally.

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Condos Could Give Queers the Boot! A discussion of the Single-Family Rule’s discriminatory impact on the 2SLGBTQ+ Community

Kirsti Mathers McHenry (she/her) and Tamara J. Sylvester (one/they/them) | November 18, 2022

In this article, the authors discuss the discriminatory impact of the Single Family Rule on the grounds of sexual orientation, the HRTO’s unsettled jurisdiction over the issue, and the broader implications for the 2SLGBTQ+ community.

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Julie DeWolf: an Unsung Legal Hero

Tamara J. Sylvester (one/they/them) | November 18, 2022

It is often said that “the wolf does not walk alone; she always carries her pack.” Indeed, one is left to wonder whether Julie DeWolf, the SOGIC Executive’s outgoing Chair, derives her unwavering commitment to service to the legal and broader community as well as her democratic and affiliative leadership style from her surname!

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Steeped in Social Justice from a Young Age, Aidan Johnson Continues to Find Inspiration Working in Ontario’s Community Legal Clinic System

Kirsti Mathers McHenry | November 18, 2022

In 2018, as a newly minted executive director, Aidan Johnson’s first task was to facilitate the merger of two established legal clinics into one, larger, entity that would respond to the legal needs of poverty-affected Ontarians in the Niagara region. Johnson didn’t know it at the time, but the formal merger would happen only one year before COVID-19 – and the onset of a whole new set of challenges, tied to the pandemic.

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Pride Month Statement from SOGIC

The SOGIC Executive | June 01, 2022

We note the tragic events in Buffalo, Orange County, Uvalde, and too many more around the world, and recognize the importance of focusing on the unique life experiences of those who live and practice in the far too often precarious space where sexual and racial identity intersect. We note the ongoing struggles of the trans community, particularly those facing oppressive exclusionary laws.

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The Future is Femme, Black Femme Legal!

Tamara J. Sylvester (one/they/them) | February 27, 2022

Allow me to reintroduce you to Samantha Peters (she/her/they/them) – no stranger to the spotlight. Samantha, who proudly identifies as a black queer femme, was called to the bars of Alberta and Ontario in 2020. In that short time, she has made a palpable impact on the legal profession because of her innovative and rebellious approach to the practice of law and the seemingly fearless way in which she navigates the margins that contemporary Canadian society imposes on her intersecting identities.

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What’s in a Pronoun? Two human rights tribunals find that misgendering in the workplace amounts to discrimination in employment

Giovanna Di Sauro (she/her), Tamara J. Sylvester (one/they/them) and Nicky Kim (she/her) | November 14, 2021

This article summarizes two recent Human Rights Tribunal decisions that, for the first time, considered the issue of misgendering of gender non-conforming employees in the workplace as well as their employers' failure to address their complaints of discrimination seriously or at all. In addition to highlighting the Tribunals' key findings, the article also provides practical tips for organizations in light of these decisions.

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Message from your SOGIC Chair and Vice-Chair

Julie DeWolf and Gregory Ko | September 20, 2021

Julie DeWolf and Gregory Ko, SOGIC chair and vice-chair for 2021-2022, respectively, provide an update on the Section’s activities from last year and a preview of what they have in store this year.

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Canada Christian College and Charles McVety: SOGIC's Perspective

Julie DeWolf, Jessie Gomberg, Adrian Ishak, Eric Sadvari, and Daniel Vollmer | May 18, 2021

Canada Christian College, by virtue of Bill 213, was granted University status on December 8, 2020. SOGIC publicly condemns any institution that discriminates against members of the 2SLGBTQA+ community.

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Considerations for Serving LGBT2SQ Clients as They Age

Cassandra Martino and Amelia Yiu, Elm Law Professional Corporation | April 30, 2021

Elder law practitioners should be aware of the special circumstances that may impact the lives of their LGBT2SQ clients as they age, as these circumstances will have a direct impact on how legal practitioners may want to advise their clients in planning for incapacity or death.

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Survey: The LGBTQ2A Action Plan

Erfan Bhuyian | December 14, 2020

The Government of Canada has prepared a survey to gather information on lived experiences of LGBTQ2+ community members. We invite community members to take part in this important initiative by filling out the survey.

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Emily Denomme

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Emily Denomme

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OBA sexual orientation and gender identity law articles are published by the Sexual Orientation and Gender Identity Law section of the Ontario Bar Association. Members are encouraged to submit articles. The Articles are provided for educational or informational purposes only and are not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. Any article or other information or content expressed or made available in this Section, is that of the respective author and not of the OBA. Precedents and other material contained herein are used at the user’s sole risk, and the OBA does not guarantee the legal efficacy of the use of any documentation. You should not act or rely on any information on this Web Site without seeking the advice of a professional.

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