Human Rights Across Canada
Each province and territory within Canada has a human rights act or code that enumerates protections for its citizens. The following information details the way trans* rights across the provinces and territories of Canada are protected.
As of March 2015, seven provinces and territories explicitly protect "gender identity" or "gender identity and gender expression" in their human rights legislation. Five provinces and territories are not explicit about these rights but have documents explaining how such protection is interpreted under other grounds such as "sex." Alberta has both explicit and non-explicit protection for "gender identity and gender expression" under two different Acts related to human rights. See below for details regarding each province and territory.
As of February 2015, national human rights legislation in Canada does not explicitly protect "gender identity" and "gender expression," but officials have testified that such protections are interpreted under other grounds. See below for additional information regarding pending amendments to federal human rights legislation that would entrench explicit exclusions for trans* people across Canada.
This fact page was last updated in March 2015.
Note: This resource does not constitute medical or legal advice.
As of March 2015, seven provinces and territories explicitly protect "gender identity" or "gender identity and gender expression" in their human rights legislation. Five provinces and territories are not explicit about these rights but have documents explaining how such protection is interpreted under other grounds such as "sex." Alberta has both explicit and non-explicit protection for "gender identity and gender expression" under two different Acts related to human rights. See below for details regarding each province and territory.
As of February 2015, national human rights legislation in Canada does not explicitly protect "gender identity" and "gender expression," but officials have testified that such protections are interpreted under other grounds. See below for additional information regarding pending amendments to federal human rights legislation that would entrench explicit exclusions for trans* people across Canada.
This fact page was last updated in March 2015.
Note: This resource does not constitute medical or legal advice.
Alberta
NOT EXPLICIT -- The Alberta Human Rights Act does not currently (March 2015) list "gender identity" or "gender expression." However, according to the Alberta Human Rights Commission, the protected areas and grounds under the Act do protect trans* people under the grounds of "gender". The Human Rights Complaint Form and Guide (May 2014) states that the protected grounds of discrimination regarding "gender--includes the state of being female, male, transgender or two-spirited ..." (Guide, p. 6); the complaint form itself, found at the end of the Guide document, states in Section E "Identify the protected ground(s) of discrimination" that the ground "Gender" can be clarified further as "Female, male, transgender" (Form, p.3). See Protected Areas and Grounds under the Alberta Human Rights Act (page 2) and Transphobic Bullying for more information.
... and EXPLICIT -- While the Alberta Human Rights Act does not currently mention "gender identity" or "gender expression," amendments made on March 10, 2015 (coming into force on June 1, 2015) to the Alberta Bill of Rights explicitly includes both phrases. Section 1 of the Alberta Bill of Rights will now read, "It is hereby recognized and declared that in Alberta there exist without discrimination by reason of race, national origin, colour, religion, sexual orientation, sex, gender identity or gender expression, the following human rights and fundamental freedoms, namely: ..." [emphasis added]
See the Alberta Bill of Rights for the original unamended text. See Bill 10 Amendment A6 for the amended language that adds "gender identity" and "gender expression" to the Alberta Bill of Rights. This amendment comes into force on June 1, 2015.
... and EXPLICIT -- While the Alberta Human Rights Act does not currently mention "gender identity" or "gender expression," amendments made on March 10, 2015 (coming into force on June 1, 2015) to the Alberta Bill of Rights explicitly includes both phrases. Section 1 of the Alberta Bill of Rights will now read, "It is hereby recognized and declared that in Alberta there exist without discrimination by reason of race, national origin, colour, religion, sexual orientation, sex, gender identity or gender expression, the following human rights and fundamental freedoms, namely: ..." [emphasis added]
See the Alberta Bill of Rights for the original unamended text. See Bill 10 Amendment A6 for the amended language that adds "gender identity" and "gender expression" to the Alberta Bill of Rights. This amendment comes into force on June 1, 2015.
OTHER PROVINCES and TERRITORIES
British Columbia
NOT EXPLICIT -- The Human Rights Code of British Columbia does not explicitly list "gender identity" under its prohibited grounds of discrimination in Section 7(1); Section 8(1) or (2); Section 9; Section 10(1) or (2); Section 11; Section 13(1), (2), or (3); or Section 14. The British Columbia Human Rights Commission not provide further information regarding whether "gender identity" is interpreted within the Code's existing grounds. However, according to the non-profit organisation B.C. Human Rights Coalition, states that the Code does protect trans* people under the grounds of "sex." See Grounds of Protection in B.C. for more information.
Saskatchewan
EXPLICIT -- The Human Rights Code of Saskatchewan explicitly lists "gender identity" under its prohibited grounds of discrimination in Section 2(1)(m.01), by amendments passed in 2014. Prior to 2014, the Saskatchewan Human Rights Commission noted that trans* people are protected under the grounds of "sex" or "disability." See Human Rights of Transgendered Individuals for more information.
Manitoba
EXPLICIT -- The Human Rights Code of Manitoba explicitly lists "gender
identity" in Section 9(2)(g).
Ontario
EXPLICIT -- The Human Rights Code of Ontario explicitly lists "... gender identity, gender
expression ..." in Part I, Sections 1, 2(1), 2(2), 3, 5(1), 5(2), 6, 7(1), 7(2).
Quebec
NOT EXPLICIT -- The Charter of Human Rights and Freedoms of Québec does not explicitly list "gender identity" under its prohibited grounds of discrimination in Part I, Chapter 1, Section 10. However, according to the Commission des droits de la personne et des droits de la jeunesse trans* people are protected under the grounds of "sex." See Sex: prohibited ground of discrimination and harassment for more information.
New Brunswick
NOT EXPLICIT -- The Human Rights Act of New Brunswick does not explicitly list "gender identity" under its prohibited grounds of discrimination in Section 4(1), (2), (3), (4), or (5); Section 5(1), (2), or (3); Section 6(1) or(2); Section 7(1); or Section 8(1). However, according to the New Brunswick Human Rights Commission trans* people are protected under the grounds of "sex." See The New Brunswick Human Rights Act Explained for more information.
Nova Scotia
EXPLICIT -- The Human Rights Act of Nova Scotia explicitly lists "gender
identity" in Section 5(1)(na) and "gender expression" in Section 5(1)(nb).
Prince Edward Island
EXPLICIT -- The Human Rights Act of Prince Edward Island explicitly lists "...
gender identity, gender expression ..." in Section 1(1)(d).
Newfoundland and Labrador
EXPLICIT -- The Human Rights Act of Newfoundland and Labrador explicitly lists "... gender identity,
gender expression ..." in Part II, Section 9(1).
Yukon Territory
NOT EXPLICIT -- The Human Rights Act of Yukon Territory does not explicitly list "gender identity" under its prohibited grounds of discrimination in Section 7. However, according to the Yukon Human Rights Commission trans* people are protected under the grounds of "gender." See Know Your Rights: Human Rights in the NWT and Yukon (p. 12) for more information.
Northwest Territories
EXPLICIT -- The Human Rights Act of Northwest Territories explicitly lists "gender identity" in Part 2, Section 5(1).
Nunavut Territory
NOT EXPLICIT -- The Human Rights Act of Nunavut Territory does not explicitly list "gender identity" under its prohibited grounds of discrimination in Section 7. However, according to the Nunavut Human Rights Tribunal, trans* people are protected under the grounds of "sex." At this time, no interpretive documents are available to regarding trans* protections. For interpretation of the ground of "sex," please contact the Tribunal directly.
CANADA (Federal trans* rights)
NOT EXPLICIT -- Some aspects of Canadian life are the responsibility of the provinces, others are the responsibility of the federal government. Accordingly, Canada also has human rights legislation established through the federal government. The federal Canadian Human Rights Act (CHRA) does not explicitly list "gender identity" or "gender expression" under its prohibited grounds of discrimination. Over the years, two federal bills have been tabled to make this protection explicit in the CHRA as well become a 'distinguishing characteristic' in the Criminal Code. The first, Bill C-389, was not enacted. The second, Bill C-279, limited to solely adding "gender identity" to the CHRA and the Criminal Code, remains in the Senate and (as of February 2015) has not been approved for enactment. However, during testimony for the passage of each of these bills, the Canadian Human Rights Commission has asserted that "the Commission, the Tribunal, and the courts view 'gender identity' and 'gender expression' as protected by the Canadian Human Rights Act."
UPDATE: As of Wednesday, February 25, 2015, the federal senate standing committee on Legal and Constitutional affairs added an trans-exclusionary amendment to Bill C-279. The relevant amendment reads as follows: "in the circumstances described ... in respect of any service, facility, accommodation or premises that is restricted to one sex only--such as a correctional facility, crisis counselling facility, shelter for victims of abuse, washroom facility, shower facility or clothing change room--the practice is undertaken for the purpose of protecting individuals in a vulnerable situation ... ." The intent of this amendment means that--if enacted--trans* people in Canada would now face explicit non-inclusion through legally-sanctioned discrimination and segregation in federal facilities.
UPDATE: As of Wednesday, February 25, 2015, the federal senate standing committee on Legal and Constitutional affairs added an trans-exclusionary amendment to Bill C-279. The relevant amendment reads as follows: "in the circumstances described ... in respect of any service, facility, accommodation or premises that is restricted to one sex only--such as a correctional facility, crisis counselling facility, shelter for victims of abuse, washroom facility, shower facility or clothing change room--the practice is undertaken for the purpose of protecting individuals in a vulnerable situation ... ." The intent of this amendment means that--if enacted--trans* people in Canada would now face explicit non-inclusion through legally-sanctioned discrimination and segregation in federal facilities.
NOTE: This resource was last updated in March 2015. Please contact your local Human Rights Commission (or equivalent) for the most up-to-date information or assistance regarding provincial human rights legislation. Contact the federal Canadian Human Rights Commission for information or assistance regarding human rights legislation that applies across Canada as a whole.
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