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Sexual Orientation

An individual's preference in terms of sexual relationship with others - whether homosexual or heterosexual.

Bell Canada v CTEA 1994 43 LAC 4th 172. See also Leshner v Ontario 1992 16 CHRR D/184.

Usage in statutes (Canada's Human Rights Act, s. 3) (emphasis added):

"For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted."

In McAleer v Canada (1996 132 DLR 4th 672), it was suggested that the term sexual orientation was too vague as it could be construed to include "paedophilia, incest, date rape (and) bestaility" but the Court disagreed saying that "sexual orientation ... is a precise legal concept as it deals specifically with an individual's preference in terms of gender".

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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