Human rights protection added for transgender identity.

Posted By: Linda McKay-Panos

A trans-identified, transgender or transsexual person is someone who feels they were born in the wrong body (for example, someone born either with female anatomy who feels male, or with male anatomy who feels female, on a deep, psychological and emotional level) and therefore has a gender identity that is different from their birth gender. Gender identity is separate from sexual orientation, which is the descriptor of a person's overall attraction to people of the same sex, the opposite sex, or either sex. Transgender persons are particularly vulnerable to and experience discrimination and other challenges:

* at school (e.g., teasing, deciding which locker room or washroom to use);

* in medical contexts (e.g., whether hormone therapy or surgery is available and at what age);

* in identification (e.g., birth certificates, passports, etc., which may need to be amended);

* in employment (e.g., seeking appropriate accommodation, informing co-workers, etc.); and

* in other contexts.

Equality for Gays and Lesbians Everywhere (EGALE) indicates that there is discrimination against transidentified individuals (EGALE, FAQs: Gender Identity and Canada's Human Rights System online: http://egale.ca/faq-gender-identity/#2)

In Ontario, TransPULSE has collected statistics on discrimination against trans people. These statistics show that on the basis of their gender identity, 73% of trans people have been made fun of, 39% have been turned down for a job, 26% have been assaulted, and 24% have even been harassed by police. In addition, discrimination in employment imposes a disproportionate burden on trans people in Ontario, including both high unemployment and underemployment.

Only recently has human rights legislation in several provinces and territories explicitly recognized and addressed discrimination on the basis of transgender identity. As of November 2015, eight provinces and territories explicitly protect "gender identity" or "gender expression". Alberta was the most recent province to explicitly add this ground through Bill 7, the Alberta Human Rights Amendment Act, 2015. The following list illustrates when each of the provinces or territories added to their legislation "gender identity" or "gender expression" as a ground of protection:

* Alberta 2015

* Saskatchewan 2014

* Manitoba 2013

* Ontario 2012

* Nova Scotia 2012

* Prince Edward Island 2013

* Newfoundland and Labrador 2013

* Northwest Territories 2002

Other...