Gender identity and gender expression

Dear Minister, Please find attached is the Ontario Human Rights Commission’s (OHRC) submission in response to the 2014 review of the Child and Family Services Act.

The Ontario Human Rights Commission (OHRC) welcomes the opportunity to provide input to the government’s legislated review of the Child and Family Services Act (CFSA). Section 1 of Ontario’s Human Rights Code protects children from discrimination in services, because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, marital status, family status or disability.

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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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.

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.

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.

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.

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.

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.