A girl (Justine Blainey) was excluded from playing in the boys hockey league by the Ontario Hockey Association. She was unable to bring a claim against the OHA because the Ontario Human Rights Code contained a provision that allowed male-only sports teams and since the OHA was a private organization the Charter did not apply to it. Instead she challenged the constitutionality of the provision of the Human Rights Code as a violation of the equality provision of the Charter.
The Court held that the exception for sports teams violated section 15 of the Charter in a way that could not be justified under section 1, and struck down the provision.