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ARTICLE · 31 AUGUST 2017

When Discrimination Is Not Prohibited: Housing

Caleb Pheluong, a Vancouver resident, was served eviction papers once his landlord discovered that he intended to have his boyfriend stay over one night.

CanadaReal Estate and Construction

Caleb Pheluong, a Vancouver resident, was served eviction papers once his landlord discovered that he intended to have his boyfriend stay over one night. The landlord expressed to him via text message that homosexuality was against her "Christian beliefs" and she could no longer have him living in her house.

Is this discrimination? Sexual orientation is a protected ground under Human Rights Codes, and the landlord, in writing, expressed that his sexual orientation was the reason for his eviction.

According to the B.C. Human Rights Code, no, it is not unlawful discrimination.

And the answer would be no different in Ontario.

Both Codes prohibit discrimination in accommodation and list sexual orientation as one of the grounds that are protected. This means, for example, that sexual orientation cannot be a reason for refusing to rent to a tenant.

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