K.M v. Ontario (Ministry of Government and Consumer Services), 2015 HRTO 1603

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

K.M Applicant

-and-

Her Majesty the Queen in Right of Ontario, as represented by the Ministry of Government and Consumer Services Respondent

INTERIM DECISION

Adjudicator: Yola Grant Date: November 26, 2015 Citation: 2015 HRTO 1603 Indexed as: K.M v. Ontario (Ministry of Government and Consumer Services)

WRITTEN SUBMISSIONS

K.M., Applicant Grace Vaccarelli, Counsel

Her Majesty the Queen in Right of Ontario, as represented by the Ministry of Government and Consumer Services, Respondent Bruce Ellis, Counsel

Introduction

1This Application alleges discrimination with respect to services because of gender identity and gender expression contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2This Application was filed on October 20, 2014 and was scheduled for a hearing on November 24 and 25, 2015. The applicant is a transsexual male and seeks to have his government issued identity documents reflect his gender identity without reference to his birth-assigned gender.

3On the first day of the hearing, the applicant and the respondent jointly requested an adjournment of eight (8) months to permit the parties to engage in community consultations and other processes in an effort to resolve the Application.

4At the request of the Tribunal, the applicant conceded that there is no constitutional challenge afoot regarding the validity of the Vital Statistics Act, R.S.O. 1990, c. V.4, as amended (the “VSA”) nor is there a claim that the VSA should be amended to provide for the destruction of historical records that includes birth-assigned gender.

5The parties made submissions in favour of an adjournment of the litigation process and expressed their willingness to engage in fashioning a solution that is in the interest of the broader public. Given the nature of the public consultations envisioned by the parties and the broad-reaching implications of the public interest remedy sought in the instant Application, I grant the request for an adjournment.

6I order as follows:

1. The hearing is adjourned for a period of approximately 8 months and additional dates will be determined after consultation with the parties;
2. The Tribunal shall convene a case management conference call with the parties on Friday, May 27, 2016 (details to follow from the Registrar); and,
3. The parties shall endeavour to conduct consultations as they see fit on or before April 22, 2016 and thereafter be prepared to advise the Tribunal whether hearing dates are to be scheduled on expiry of the instant 8 month adjournment or whether a further adjournment is in the interest of the parties and the public.