The crux of the decision begins at paragraph 204 of the ruling. There, Ontario Superior Court Justice Michael R. Gibson declares that homelessness should be recognized as an “analogous ground” under Section 15 of the Charter, meaning a protected characteristic alongside race, sex, religion, and disability. Homeless people, Gibson writes, possess a “constructively immutable characteristic” and constitute a “discrete and insular minority.” Faced with the awkward fact that homelessness, unlike race or sex, is not actually permanent, he concedes (he has to) that homelessness is transitory. He then asserts this does not matter, because such characteristics are, “while they last,” beyond an individual’s conscious control.