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Code Grounds /

Gender identity and gender expression

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:

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 Statement: No Room for Hate in Schools
As the school year begins, we must actively and intentionally work to end the scourges of hate and violence in our education systems and communities.  
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OHRC Director of Policy, Education, Monitoring and Outreach calls for a province-wide anti-hate strategy
  Summary: Recently, OHRC Director of Policy, Education, Monitoring and Outreach, Juliette Nicolet, joined Radio-Canada - Jonction 11-17 for an interview calling for a province-wide anti-hate strategy, to galvanize and support public action.    
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OHRC Statement on Anti-Hate
As this school year ends, the Ontario Human Rights Commission (OHRC) takes this opportunity to reflect on what it heard concerning the challenges faced by students, parents, educators, and administrators in Ontario’s public education system. 
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OHRC statement on protecting and upholding human rights during the “monkeypox” outbreak
As the world grapples with the ongoing “monkeypox” outbreak, several very concerning human rights issues have been exposed.
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Letter to Mayor and Council of Township of Brock on decisions and by-laws on supportive housing
The OHRC is concerned that the Township of Brock’s Interim Control By-law 2994-2020 to "prohibit the establishment of Supportive Housing and Modular Construction, including Manufactured Dwelling Houses" creates barriers to establishing and accessing supportive housing, which may be discriminatory under the Human Rights Code. The OHRC calls on Council to remove any barriers that have a discriminatory effect as soon as possible, and to allow such supportive housing projects to proceed.
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Letter to the Mayor and Members of Council about the City of Toronto’s proposed new regulatory framework for multi-tenant houses
The OHRC is pleased that the City of Toronto’s proposed framework for multi-tenant houses implements human rights principles and “would establish city-wide permissions for multi-tenant houses.” 
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Letter to Halton Catholic District School Board on raising the Pride flag to support students and staff
The OHRC urges the HCDSB to join other Catholic school boards in welcoming their LGBTQ2+ students, staff and community members by flying the Pride flag.
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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.
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OHRC statement on Facebook announcement on preventing discriminatory advertising
The OHRC welcomes today’s announcement by Facebook Canada that aims to ensure advertisements cannot discriminate based on factors such as age, gender, or postal code.
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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.
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