A New Ground Of Discrimination: Gender Identity Or Expression

Author:Mr Kathleen Chevalier
Profession:Stikeman Elliott LLP
 
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On June 19, 2012, Toby's Act (Right to be Free from Discrimination and Harassment Because of Gender Identify or Gender Expression), 2012 received royal assent.  Toby's Act amends the OntarioHuman Rights Code to include "gender identify or gender expression" as a prohibited ground of discrimination in employment, services, goods, facilities, contracts,  and vocational associations.

Unfortunately, Toby's Act did not define gender identify or gender expression.  However, it can be expected that in keeping with the spirit of the Code and its history of application at the Human Rights Tribunal of Ontario, its meaning will be given broad interpretation.

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