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".