Quebec transgender discrimination case dismissed by rights tribunal

By Marianne White, Canwest News Service

QUEBEC — The federal human rights tribunal ruled Tuesday that the Canadian Forces did not discriminate against Micheline Montreuil, one of Canada’s best-known transgendered people, when they refused to enrol her.

Montreuil, who was born as a man named Pierre, underwent hormone therapy to grow breasts and changed her name to Micheline after a lengthy court battle.

Montreuil joined the Canadian Forces in 1997 but handed in her resignation the same year for work-related issues and to start a sex-change process.

In 1999 Montreuil reapplied for enrolment in the Forces but her application was denied because doctors ruled she suffered from chronic gender identity issues. She filed a complaint with the Canadian Human Rights Tribunal in 2002, arguing she was rejected because of her transgender condition.

After 97 days of hearings, between 2006-2007, the tribunal ruled Montreuil did not offer substantial evidence that she was subjected to discrimination.

“The tribunal considers that, in light of the evidence presented in this case, the allegations are not credible and that Micheline Montreuil is not credible,” wrote Pierre Deschamps in his 300-page decision.

The case was plagued by delays caused, among other things, by Deschamps who saw his mandate expire before he could finish studying the case.

The Federal Court ordered him reinstated last January so he could finish his work on Montreuil’s case without causing further delays.

Montreuil did not say Tuesday if she will appeal the decision.

“It’s a big disappointment and I’m looking at my options,” said Montreuil, who lives in the Quebec City area and works as a lawyer.

In 2007, the same tribunal after separate hearings, ruled the Canadian Forces had discriminated against her when she was passed over for a job as grievance officer in 2003. The Forces found she was a qualified candidate but turned her down, claiming they could not justify hiring someone who spoke only French.

The tribunal found that Montreuil’s sexuality was the real reason she didn’t get the position and awarded her $40,000 for loss of income.

“It’s unreal. In one case I’m considered sane and the tribunal rules in my favour and in the other case I’m found to be crazy,” Montreuil said Tuesday.

She also won a similar case in 2004 when the human rights tribunal ruled against the National Bank for failing to hire Montreuil as a customer service representative.
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