My understanding, based on the tribunal decisions to date, is that complaints brought by transsexuals have been understood to be discrimination under the ground of sex. On the tribunal, both federal and provincial, I have not seen a tribunal decision that has used the term “gender identity” or the term “gender expression”.
You could say there is some expressive element that has been covered in the sense that in both the Montreuil case, which I think was mentioned earlier, and also in the Kavanagh case, those individuals were in the process of transitioning towards their target gender. They were presenting themselves in their target gender, so there is some expressive content in the sense of their dress and so on. That expressive content has been understood by the tribunal as covered under the ground of sex.