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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. 1. Introduction

    From: Policy on preventing discrimination because of pregnancy and breastfeeding

    The Ontario Human Rights Code states that it is public policy in Ontario to recognize the inherent dignity and worth of every person and to provide for equal rights and opportunities without discrimination. The Code aims to create a climate of understanding and mutual respect for the dignity and worth of each person, so that each person feels a part of the community and feels able to contribute to the community.

  3. 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.

  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. 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: