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:
OHRC welcomes new procedures for changing sex designation on birth registration for minors
The Government of Ontario has taken another important step in its work to remove barriers and advance the human rights of transgender people. The OHRC welcomes Ontario’s new procedures and forms allowing for changing sex designation on the birth registration of minors.
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OHRC submission regarding MGS Consultation: Change of sex designation on a birth registration of a minor
The Ontario Human Rights Commission (OHRC) welcomes the Ministry of Government Services’ consultation regarding change of sex designation on a birth registration of a minor. The OHRC is concerned that the current government practice – which does not allow for a change of sex designation on the birth registration and certificate of persons under age 18 – is discriminatory on the basis of gender identity and gender expression.
MGCS change of sex designation consultation letter
August 22, 2014 - Dear Minister, Please find attached the Ontario Human Rights Commission’s (OHRC) submission in response to Ministry of Government and Consumer Services’ consultation regarding change of sex designation on a birth registration of a minor.
Special report: gender identity and gender expression
New policy protects human rights of trans and gender-diverse people
The OHRC launched an important new policy in Spring 2014, the Policy on preventing discrimination because of gender identity and gender expression. This policy followed the 2012 amendment to the Human Rights Code to add the grounds of gender identity and gender expression. This change provides protection for one of the most vulnerable and marginalized communities in society.
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.
3. 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.
New policy to protect the human rights of trans people in Ontario
Toronto – The Ontario Human Rights Commission today launched a new policy to help protect the rights of trans individuals and people of diverse genders. The Policy on preventing discrimination because of gender identity and gender expression looks at how to remove barriers and eliminate discrimination.
Backgrounder – Talking about gender identity and gender expression
April 2014 - Over the years, the Ontario Human Rights Commission (OHRC) has taken steps to address discrimination because of gender identity. In 1999, the OHRC released “Toward a Commission Policy on Gender Identity” for public comment. In 2000, the OHRC released its first Policy on discrimination and harassment because of gender identity, taking the position that the ground of “sex” could be interpreted to include gender identity. Following the release of this policy, the OHRC continued to call for explicit recognition of gender identity as a protected ground in Ontario”s Human Rights Code.
Policy on preventing discrimination because of gender identity and gender expression
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.