Mr. Maillet's lawyer, Tim Gleason, plans to argue that the regulation violates his client's right to life, liberty and security of the person, and his equality rights, both of which are guarded by the Canadian Charter of Rights and Freedoms.
"This regulation, in my view, is a relic," Mr. Gleason said. "It's a relic of a past that's rooted in ignorance and bigotry. This regulation treats transgender people differently than other people, exclusively on the basis of their gender or their sex ... it can't be justified."
The Globe and Mail reported last month on the case of Mr. Maillet, who decided to extend his line of credit to cover the $7,401.50 cost of a double mastectomy he underwent on March 3, 2013.