Kimberly Nixon Rape Relief case

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This article is about the transgender woman who filed a human rights complaint against the Vancouver Rape Relief & Women's Shelter. For the Welsh actor, see Kimberley Nixon.

Kimberly Nixon is a transgender woman who filed a human rights complaint against Vancouver Rape Relief & Women's Shelter Society (VRRS) for discrimination. VRRS argued that Nixon, a transgender woman, did not have the same life experiences as a woman who was assigned female at birth, and could not volunteer as a peer rape counselor.[1] She brought her case to the British Columbia Human Rights Tribunal which ruled in her favour. VRRS opposed the decision, bringing it to the Supreme Court of British Columbia, which ruled against the original tribunal decision. Nixon then appealed to the British Columbia Court of Appeal, which upheld the decision in favour of VRRS, and then eventually the Supreme Court of Canada, which dismissed her request to appeal the decision against her case on February 1, 2007.[2]

Personal life

Nixon is a

sex reassignment surgery alongside hormone replacement therapy at age 33.[2] Following her surgery, Nixon’s birth certificate was amended, identifying her as a female.[3]

As a survivor of male violence and

biological sex as a male-born transgender woman.[4]

Human rights complaint

Nixon alleged that Vancouver Rape Relief discriminated against her violating the

socialized as a man and thus, did not have the proper life experiences of a woman.[7] Other Rape Relief trainers supported this position identifying Nixon as a man, which justified her rejection from the volunteer position.[4]

In August 1995, Nixon filed a formal human rights complaint against VRRS. This resulted in Nixon receiving a formal letter apologizing for her exclusion, $500 in compensation, and an offer for an in-person apology.[2] Nixon rejected these offers and in 2000 the case went to the British Columbia Human Rights Tribunal. Nixon won the Human Rights Tribunal on the grounds that the society discriminated against her and was awarded $7,500 for injury of self-respect and dignity.[7] Vancouver Rape Relief Society brought the Tribunal’s decision for judicial review, establishing that discrimination was not present.[2]

Vancouver Rape Relief Society v. Nixon

In August 2003, the decision was brought to the

legal treatment.[8] On December 19, 2003, the Supreme Court determined that there was an error in the decision made by the tribunal. It was ruled that Vancouver Rape Relief had not discriminated against Nixon because VRR’s right to freedom of association based on Sex was protected under human rights law. This meant that the group had the right to organize as a female-only service, irrespective of gender identity.[1]

Following this decision Nixon

unanimously upheld the previous decision by the Supreme Court of BC as Vancouver Rape Relief was protected under BC Human Rights Code Section 41(1).[9] This allowed the society to abide by its female-only membership policy, based on its mandate to provide services to female victims of male violence.[7] On February 1, 2007, the Supreme Court of Canada dismissed Nixon’s request to appeal the decision. Nixon was also charged with covering the awarded costs of Vancouver Rape Relief, which Nixon has refused to pay.[2]

References

  1. ^ a b c d Chambers, Lori. "Unprincipled Exclusions: Feminist Theory, Transgender Jurisprudence, and Kimberly Nixon." Canadian Journal of Women and the Law 19.2 (2007): 305–34. Web.
  2. ^ a b c d e "Chronology of Events in Kimberly Nixon vs Vancouver Rape Relief Society". Vancouver Rape Relief & Women’s Shelter. rapereliefshelter.bc.ca, June 1, 2009. Web. June 11, 2016.
  3. ^ Vancouver Rape Relief Society v. Nixon, p. 601, retrieved January 17, 2020.
  4. ^ a b Kimberly Nixon (complainant) and Vancouver Rape Relief Society (respondent) and BC Human Rights Commission. June 2, 2000. (Folder 1). Raw data. University of Victoria, Victoria. Retrieved June 8, 2016.
  5. ^ Rupp, Shannon (February 3, 2007). "Transsexual Loses Fight with Women's Shelter". The Tyee. Retrieved July 25, 2019.
  6. ^ Roberts, Carol. "Re: Complaint – What Went Down". June 30, 2000. (Folder 1). Raw data. University of Victoria, Victoria. Retrieved June 8, 2016.
  7. ^ a b c "Vancouver Rape Relief Society v. Nixon 2005 BCCA 601 Summary of Decision". Vancouver Rape Relief & Women's Shelter. Retrieved July 25, 2019.
  8. ^ Vancouver Rape Society v. Nixon. Supreme Court of British Columbia. 1999–2000. (Folder 1). Raw data. University of Victoria, Victoria. Retrieved June 8, 2016.
  9. ^ "Human Rights Code". Bclaws.ca. Retrieved June 18, 2016.
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