Language selector

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. 3. Gender identity and gender expression

    From: Policy on preventing discrimination because of gender identity and gender expression

    The Code does not define the grounds of gender identity, gender expression or sex. Instead, the understanding of these and other related terms, and the implications for the Code and OHRC policies, is evolving from tribunal and court decisions, social science research as well as self identity and common everyday use.

    Sex is the anatomical classification of people as male, female or intersex, usually assigned at birth.

  2. Letter to Mayor and Council of Township of Brock on decisions and by-laws on supportive housing

    October 12, 2021

    The OHRC is concerned that the Township of Brock’s Interim Control By-law 2994-2020 to "prohibit the establishment of Supportive Housing and Modular Construction, including Manufactured Dwelling Houses" creates barriers to establishing and accessing supportive housing, which may be discriminatory under the Human Rights Code. The OHRC calls on Council to remove any barriers that have a discriminatory effect as soon as possible, and to allow such supportive housing projects to proceed.

  3. Gender identity and gender expression (brochure)

    April 2014 - People who are transgender, or gender non-conforming, come from all walks of life. Yet they are one of the most disadvantaged groups in society. Trans people routinely experience discrimination, harassment and even violence because their gender identity or gender expression is different from their birth-assigned sex. Under the Ontario Human Rights Code (the Code) people are protected from discrimination and harassment because of gender identity and gender expression in employment, housing, facilities and services, contracts, and membership in unions, trade or professional associations.

  4. 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.

  5. 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.

  6. Consultation survey: Revised Policy on discrimination and harassment because of gender identity and gender expression

    Introduction

    In 2000, the Ontario Human Rights Commission (OHRC) released a policy on gender identity and human rights, taking the position that the ground of sex could be used to protect transgender people from discrimination and harassment. The OHRC also called for an amendment to the Ontario Human Rights Code (the Code) to add “gender identity” as a prohibited ground of discrimination and harassment.

Pages