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:
Opinion Editorial in the Toronto Star: Ontario’s human rights abuses have not been a secret
This opinion editorial by Interim Chief Commissioner Ena Chadha on human rights in Ontario appeared in the Toronto Star on Tuesday, August 18, 2020.
Policy statement on a human rights-based approach to managing the COVID-19 pandemic
Under the Ontario Human Rights Code (Code), the Ontario Human Rights Commission (OHRC) has the mandate to make policies that provide guidance on human rights obligations under the Code and to make recommendations that promote human rights during situations of tension or conflict.
Letter to TCDSB on including gender identity, gender expression, family status and marital status in the TCDSB’s Code of Conduct
The OHRC is aware that the Toronto Catholic District School Board (TCDSB) is considering amending its Code of Conduct to specifically include gender identity, gender expression, family status and marital status as grounds upon which members of the TCDSB community cannot be treated unfairly. Our understanding is that this issue is being specifically considered by the Catholic Education and Living our Catholic Values Sub-committee on September 25, 2019.
OHRC Statement: 2019 Health and Physical Education Curriculum
All students deserve to see themselves and their families reflected in Ontario’s mandatory education curriculum, and should receive information necessary to protect their health and well-being. Over the past year, the Ontario Human Rights Commission (OHRC) has taken many steps to make this vision a reality.
OHRC intervenes in education curriculum case at the Human Rights Tribunal of Ontario
Toronto – Today, the Ontario Human Rights Commission (OHRC) filed a notice of intervention with the Human Rights Tribunal of Ontario (HRTO) in the case of AB v Ministry of Education, involving recent changes to Ontario’s education curriculum.
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.
Questions and answers about gender identity and pronouns
People who are transgender come from all walks of life. Yet they are some of the most disadvantaged individuals 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.
Hockey Canada’s Ontario branches take important step towards transgender inclusion
Toronto — Hockey Canada, through its Ontario branches, ushers in a new era of transgender inclusion in time for the 2016-2017 hockey season by posting transgender inclusive policies. This step is part of a settlement agreement between Hockey Canada, on behalf of its Ontario members, the Ontario Human Rights Commission (OHRC) and Jesse Thompson, a trans teenaged boy who played amateur hockey and courageously decided to take on the system.
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.
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.