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This Report is intended to be a broad examination of all issues that may have an impact on the dignity and worth of older adults and that may affect the enjoyment of equal rights and opportunities.

In the course of consultation, almost every individual and group highlighted the same central principles as requiring special consideration. These same principles have been identified in the work of national and international bodies.

During the consultation, the Commission heard repeatedly about ageism and its effects. Ageism can give rise to individual acts of discrimination, but can also have an impact on a wider scale by influencing policies, programs and legislation that affect broad sectors of society. For the purposes of this Report, the term ‘ageism’ refers to two types of behaviour that have a negative effect on older persons. The first involves the social construction of age, including incorrect assumptions and stereotypes about older persons.

The Commission recognizes that persons may experience disadvantage in unique ways based on the intersection of age with other aspects of their identity. During the consultations, the Commission heard about certain groups of older persons who face particular barriers arising from the intersection of age with gender, disability, sexual orientation, race, ethnicity, religion, culture and language. “Women particularly suffer because of past customs, practices and traditions.” (Canadian Pensioners Concerned)

Employment is fundamental to ensuring equal participation and equal opportunity in society. It has a direct bearing on a person’s economic status while the person is in the workforce and afterwards. Therefore, any examination of age discrimination in employment must consider the effects of practices and policies on the person while they are working as well as after they have retired. It must also consider the effect on society as a whole.

“Government does not recognize housing as a human right.” (Older Women’s Network) Throughout the consultation process, the Commission heard concerns about the need for more accessible and affordable housing and for special needs housing for seniors including those who are homeless. Submissions also highlighted that the principle of “aging in place” is central to any discussion, policy or program efforts concerning housing for older persons.

“Basic health care is a foundation in our society and differences are never justifiable. Seniors’ needs are real and they surely deserve easy access to basic health care in the same manner afforded to other groups in Ontario.” (Chatham-Kent CCAC)

As with many emerging human rights issues, terminology is a powerful and, at times, a controversial tool. In consultation, one group of transsexuals expressed concern about the use of the term ‘transgendered’ to describe their experience because it covers so many different types of behaviour and can undermine the importance of individual or particular issues faced by transsexuals.

Transgendered people have clearly identified that they should be addressed based on the gender they present. Male to female transsexuals, transgenderists, and cross-dressers who present as women should be addressed as women. Female to male transsexuals, transgenderists and cross-dressers who present as men should be addressed as men.

Transgendered people come from all walks of life, and are represented in every race, class, culture, and sexual orientation. ‘Gender identity disorders’ have been identified in children as young as 3 years of age and in adults as old as 70. There is no definitive statistical information that speaks to the prevalence of ‘gender identity disorder’ in the general population. The statistical information that does exist varies both in terms of numbers and the sub-groups that are identified.

‘Coming out’ as a transsexual person connotes a cycle or pattern of acknowledgement that one’s gender identity does not match one’s birth assigned sex. That cycle may begin, for example, with acknowledgement to one’s self and move toward public acknowledgement. However, for many people, this process is not linear. It does not start with denial and end with acknowledgement. It may be a non-linear process where the individual struggles with denial and acknowledgement over a period of time until coming to terms with the true gender self.

Recently, there has been more attention to the issues faced by transgendered people. Occasionally, some sources of the mainstream media have begun to address these issues in a more constructive fashion[22] but myths and misinformation persist and only serve to reinforce stereotypes. Myths about transgendered people include:

Medical Treatment and Medicalisation of Identity (a) Gender Dysphoria/Gender Identity Disorder

(1) Introduction The framework for developing Commission policy in the area of gender identity is the Code, with the preamble being of particular importance:

Issues (1) The Ontario Human Rights Commission The Ontario Human Rights Commission is a central figure in the advancement of human rights in Ontario. The Commission is currently developing, implementing and operationalising policies and procedures related to transgendered issues.

Mr. Justice Sopinka once noted that human rights legislation is, often the final refuge of the disadvantaged and the disenfranchised. As the last protection of the most vulnerable members of society, exceptions to such legislation should be narrowly construed.[76]

The following information provides a limited sampling of how ‘gender identity’ (and related terms) is viewed in various jurisdictions.

The insurance industry in Ontario is regulated by the Insurance Act (R.S.O. 1990, c. I.8). The Ministry of Finance regulates insurance services through the Financial Services Commission of Ontario (FSCO), an amalgamation of the former Ontario Insurance Commission, the Pension Commission and the Deposit Institutions Division of the Ministry of Finance.

As a regulator, FSCO does not have the authority to make regulatory or legislative changes, although FSCO may provide advice to the government in such matters. FSCO’s overall objective for insurance is to build public confidence in Ontario's insurance industry. It does this by:

There are six sections in the Code that have implications for the insurance industry (see Appendix). Section 3 prohibits discrimination in contracts, which would therefore prohibit discrimination in insurance contracts.

The Bates v. Zurich Decision To date, one of the most influential rulings relating to insurance and the Code has been the Supreme Court of Canada’s majority ruling in Bates v. Zurich[3] with respect to the "reasonable and bona fide" test under section 22 of the Code (section 21 at the time of the complaint).

The Commission is proposing to undertake the following actions and strategies in order to better promote the protection of human rights in insurance:

Human Rights Code SERVICES 1. Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or handicap. R.S.O. 1990, c. H.19, s. 1. CONTRACTS

(Extracts from CHRR) Discriminatory auto insurance rates allowed for bona fide reasons Zurich Insurance Co. v. Ontario (Human Rights Comm.) The majority of the Supreme Court of Canada finds that Zurich Insurance did not discriminate against Michael Bates contrary to the Ontario Human Rights Code by charging him higher premiums for automobile insurance because of his age, sex, and marital status.

This policy is intended to provide particular guidance to those responsible for formulating and implementing infection control procedures in health-care settings and anti-harassment/anti-discrimination policies in the workplace, in housing and in services.