MONTREAL — A small hair salon in Quebec has been ordered to pay $500 to a non-binary client after a human rights tribunal ruled that its online booking system discriminated by not offering a gender-neutral option. The decision, handed down by the Quebec human rights tribunal, stems from a complaint filed by Alexe Frédéric Migneault against Station10, a salon in Montreal's Plateau-Mont-Royal neighborhood. The case highlights growing tensions between small businesses adapting to digital tools and the push for inclusive practices in serving diverse clientele.
According to the tribunal's ruling, Migneault encountered issues in 2023 when attempting to book an appointment online through the salon's website. The booking form required users to select either 'male' or 'female' as their gender, with no option for non-binary or other identities. Migneault, who identifies as non-binary, filed a complaint with the Commission des droits de la personne et des droits de la jeunesse, Quebec's human rights body, alleging discrimination based on gender identity.
Station10 co-owner Alexis Labrecque explained that the website was developed in 2023 without a non-gender option initially. 'It’s just the way our website was built in 2023; it didn’t include a non-gender option,' Labrecque told Global News. The salon quickly updated its system a few months later to include the option, but the tribunal found the initial omission sufficient grounds for the complaint. Labrecque noted that such changes aren't instantaneous for small operations. 'We added it a few months later, it’s not something that you can do very quickly. But for them, it wasn’t enough.'
The tribunal's decision mandates that Station10 pay Migneault $500 in moral damages, recognizing the distress caused by the exclusionary booking process. This amount, while modest, underscores the tribunal's stance on ensuring accessibility for all gender identities in everyday services. The ruling was issued recently, placing the salon at the center of a broader debate about digital inclusivity and the responsibilities of businesses in Quebec.
Labrecque expressed concern over the implications for other small businesses. He argued that the decision could open the floodgates for similar complaints against any operation with binary gender selections in forms or systems. 'I think the big story here is that now any salon or any business that requires clients to select man or female are at risk of being sued,' he said. For Station10, a family-run establishment with a handful of stylists, the ruling feels like an unfair burden, especially since the issue was addressed promptly after it was raised.
On the other side, Migneault views the tribunal's decision as a landmark victory for non-binary individuals in Quebec. They emphasized the scarcity of legal precedents addressing the challenges faced by non-binary people in public and private spaces. 'Non-binary people are virtually non-existent in the legal corpus,' Migneault stated. 'There are some brief mentions here and there, but almost no decisions that treat and study the inherent struggles that non-binary people face just to exist in plain sight.'
Migneault's complaint is part of a larger movement in Canada advocating for gender-neutral options in government forms, healthcare, and commercial services. In Quebec, the Charter of Human Rights and Freedoms explicitly prohibits discrimination based on gender identity, a provision strengthened in recent years amid national discussions on LGBTQ+ rights. The province has seen a rise in similar cases, including challenges to binary restroom policies and identification requirements, though non-binary-specific rulings remain rare.
The Station10 case draws parallels to other tribunal decisions where small oversights in policy led to findings of discrimination. For instance, in 2022, a Quebec restaurant was fined for refusing service to a transgender patron based on attire, highlighting the tribunal's proactive approach to gender-related complaints. Experts in human rights law suggest that such cases are increasing as awareness grows, with the Commission des droits handling over 1,500 discrimination complaints annually, a portion of which involve gender identity.
Despite the update to its website, Station10 has not fully accepted the ruling. The salon has until March 5 to file an appeal with the Quebec Court of Appeal, and Labrecque indicated that the business is seriously considering this option. 'The salon hasn’t ruled out appealing the decision,' reports confirm, as the owners weigh the costs of litigation against the potential precedent it could set for similar enterprises. For now, operations at Station10 continue as usual, with stylists welcoming clients of all backgrounds in the bustling Montreal salon.
Migneault, however, believes the ruling extends far beyond this single incident. They argue it signals a shift in Quebec's legal system toward greater recognition of non-binary experiences. 'Migneault believes the decision goes beyond just one business and reflects broader recognition,' according to details from the case. This perspective aligns with advocacy groups like the Montreal-based Foundation for Equal Families, which have long pushed for inclusive language in provincial legislation.
The debate surrounding the case has sparked online discussions, with some social media users praising the tribunal for promoting equality and others decrying it as regulatory overreach on small businesses. Labrecque's comments have resonated with business owners across Quebec, who fear that retroactive judgments on outdated systems could strain limited resources. Meanwhile, supporters of Migneault point to the low penalty amount as evidence that the focus is on correction rather than punishment.
In the context of Quebec's evolving social landscape, this ruling comes at a time when the province is grappling with identity politics. Recent legislative efforts, such as Bill 21 banning religious symbols for public employees, have drawn international scrutiny for their impact on minority groups, including queer communities. While the hair salon case is unrelated to religious issues, it underscores the tribunal's role in balancing individual rights with business freedoms.
Human rights advocates anticipate that the decision could influence website developers and booking platforms province-wide. Companies like Mindbody and Vagaro, popular among salons, have already begun incorporating non-binary options in their software updates, partly in response to similar pressures in Canada and the U.S. For Station10, the experience has prompted a review of all customer-facing policies to ensure compliance moving forward.
As the appeal deadline approaches on March 5, both sides are preparing for potential next steps. Migneault has expressed hope that the ruling stands, viewing it as a step toward normalizing non-binary visibility. Labrecque, meanwhile, hopes for a reevaluation that considers the practicalities of small business operations. The case, though centered on a simple online form, encapsulates the ongoing dialogue in Quebec about inclusion in the digital age.
Whatever the outcome, the Station10 ruling serves as a reminder of the human rights tribunal's mandate to address subtle forms of exclusion. With non-binary populations estimated at around 1% of Canadians according to recent Statistics Canada data, such decisions could pave the way for more equitable services across the province. For now, the salon remains open, its chairs filled with clients seeking cuts and colors amid the unresolved legal echoes.