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  1. Methodology

    From: Discussion paper: Toward a commission policy on gender identity

    The methodology for this discussion paper included:

    • consultation with members and representatives of the transgendered community,
    • review of jurisprudence and legislation in Canada and in other jurisdictions,
    • literature review, and
    • review of other human rights commission policies.

    Although the reviews of literature and case law were not exhaustive, the intention was to identify significant trends and developments related to the issue of gender identity.

  2. Submission of the OHRC to the MGCS regarding name and sex designation change information

    May 23, 2016 - The OHRC believes that MGCS’ current system for storing and sharing information relating to name and sex designation changes discriminates against trans people in violation of Ontario’s Human Rights Code, insofar as it fails to protect privacy and confidentiality relating to transgender status and transition history. Disclosing information of such a sensitive nature not only harms dignity, but also can expose people to significant barriers, disadvantage, and even health and safety risks.

  3. 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.

  4. 7. Intersecting grounds

    From: Policy on preventing discrimination based on mental health disabilities and addictions

    Discrimination may be unique or distinct when it occurs based on two or more Code grounds. Such discrimination can be said to be “intersectional.” The concept of intersectional discrimination recognizes that people’s lives involve multiple interrelated identities, and that marginalization and exclusion based on Code grounds may exist because of how these identities intersect.

  5. 4. Bias and prejudice

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

    Trans people and other gender non-conforming individuals are often judged by their physical appearance for not fitting and conforming to stereotypical norms about what it means to be a “man” or “woman.” They experience stigmatization, prejudice, bias and fear on a daily basis. While some may see trans people as inferior, others may lack awareness and understanding about what it means to be trans.

  6. The move towards an intersectional approach

    From: An intersectional approach to discrimination: Addressing multiple grounds in human rights claims

    Multiple grounds in equality and human rights jurisprudence

    Some courts and tribunals have started to acknowledge the need to make special provision for discrimination based on multiple grounds and to recognize the social, economic and historical context in which it takes place. However, despite these advancements, the courts’ understanding of a proper intersectional approach is still in its infancy. What follows is a discussion of recent cases in which a move towards a multiple grounds or intersectional analysis is evidenced in either a majority or dissenting opinion.

  7. 9. Human rights protection against sexual harassment

    From: Policy on preventing sexual and gender-based harassment

    9.1 The Ontario Human Rights Code

    Sections 1, 2, 3, 5, 6 and 9 of the Code set out the basic right to equal treatment without discrimination because of sex in services, goods and facilities, housing, contracts, employment and vocational associations.

    Sections 7(1) and (2) set out a person's right to be free from harassment based on sex and inappropriate gender-related comment and conduct in housing and employment.

    Section 7(1) states:

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