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Gender identity and gender expression

Under the Ontario Human Rights Code, discrimination and harassment because of gender identity or gender expression is against the law. Everyone should  be able to have the same opportunities and benefits, and be treated with equal dignity and respect including transgender, transsexual and intersex persons, cross-dressers, and other people whose gender identity or expression is, or is seen to be, different from their birth sex.

In 2012 “gender identity” and “gender expression” were added as grounds of discrimination in the Ontario Human Rights Code. To fully address the new Code grounds, as well as the significant legal decisions, policy changes and other developments since its first policy, the OHRC released a new Policy on preventing discrimination based on gender identity and gender expression in April 2014.

To learn more about the OHRC’s work on gender identity and expression, and the public consultation it undertook to develop the new policy, see Talking about gender identity and gender expression.

Relevant Policies:

  1. Access to locker rooms for trans amateur hockey players: J.T. v. Hockey Canada et. al.

    Background

    This case involved a transgender boy, Jesse Thompson, who was denied access to the boys’ locker room the rest of his amateur hockey team used during the 2012-2013 hockey season. Jesse alleged that this resulted in him being ‘outed’ as trans, excluded from important team interaction and bonding, and exposed to harassment and bullying.

  2. Ontario Public Service (OPS) Gender Identity Policy: OHRC letter to Minister MacCharles

    June 15, 2017 - Dear Minister MacCharles, I trust this finds you well. I am writing to commend you on your Ministry’s leadership in development of the new OPS Gender Identity Policy - Gender Identity and Sex Information on Public-Facing Government Products and Forms, and to call on you to build on this important work by removing other human rights barriers that face people with diverse gender identities and gender expressions across government.

  3. Discussion paper: Toward a commission policy on gender identity

    October 1999 - Research and consultation conducted by Commission staff in preparation for this paper shows that transgendered people experience negative stereotypes that have a pervasive and often traumatic impact on virtually every aspect of their lives. They are shunned by society and regarded with suspicion. Their jobs, housing and family lives are as threatened by the process of ‘coming out’ as by involuntary discovery. These are all issues that favour the development of a progressive policy to protect the human rights of transgendered persons within the legal framework of the Code.
  4. Submission of the Ontario Human Rights Commission to the College of Physicians and Surgeons of Ontario Regarding the draft policy, "Physicians and the Ontario Human Rights Code"

    February 2008 - The draft policy raises a number of new concerns. The following pages detail the Commission’s concerns and provide suggestions for how to address them. We hope that our comments assist the College in providing greater clarity and ensuring that physicians have correct and sufficient information about their obligations under the Code.
  5. Re: Consultation document – revised criteria for change of sex designation on an Ontario birth registration

    July 25, 2012 - We are pleased to note that a key objective of the consultation is to develop revised criteria that are in accordance with the Human Rights Tribunal of Ontario’s decision dated April 11, 2012 in XY v. Ontario (Government and Consumer Services). We trust that this submission is of assistance in your development of revised criteria. We address the questions set out in your Consultation Document, and make additional observations.

  6. 9.4. Intersections with gender identity

    From: Minds that matter: Report on the consultation on human rights, mental health and addictions

    Transgender people told us about the major impacts on their mental health from daily discrimination, lack of societal acceptance, poverty, unaffordable housing and alienation from family, based on gender identity. A focus group co-facilitated by Rainbow Health Ontario, identified poverty as a consequence of discrimination, but also a contributing factor to poor mental health. In a study of 433 trans Ontarians, half “seriously considered” suicide because they were trans. Trans youth (up to age 24) were more than twice as likely to seriously consider suicide than trans people over age 25.

  7. Restrictions of facilities by sex

    From: Guide to your rights and responsibilities under the Human Rights Code

    This section allows separate washrooms, examination areas, change rooms and other services that are men-only or women-only. Trans people should be provided access to facilities that are consistent with their lived gender identity.[34]


    [34] For more information, see the OHRC’s Policy on discrimination and harassment because of gender identity (2000).

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