What is the test for discrimination in the context of "gender identity"?
Northwest Territories, Canada
The following excerpt is from Landrie v. Northwest Territories, 2013 CanLII 148584 (NT HRAP):
Discrimination is "a distinction, whether intentional or not but based on [in this case, "gender identity"] which has the effect of imposing burdens, obligations or disadvantages on [a person which are] not imposed upon others, or which withholds or limits access to opportunities, benefits and advantages available to other members of society" (Andrews v. Law Society of B.C. 1989 CanLII 2 (SCC), [1989] 1 S.C.R. 143 [ 10 C.H.R.R. D/5719]).
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