As a profession, we are obligated to uphold and promote the values enshrined in the Canadian Charter of Rights and Freedoms, including; equality, respect for diversity, human dignity, liberty and autonomy. Careful drafting with an eye to removing and replacing gendered pronouns and gender assumptions is a small but critical way the legal profession can promote equality and respect for gender diverse Canadians. In this article, we have aimed to provide you with a few legal resources as well as practice and drafting tips to aid in meeting this obligation.
Gender Based Rights and Protections in Ontario
Assented to on June 19, 2017, Bill C-16 An Act to amend the Canadian Human Rights Act and the Criminal Code, [1] amended the Canadian Human Rights Act to include “gender identity or expression” as grounds protected from discrimination and the Criminal Code to include “gender identity or expression” in the definition of ‘identifiable group’ under subsection 318(4).
In 2014, the Ontario Human Rights Commission (OHRC) published the Policy on Preventing Discrimination because of Gender Identity and Gender Expression.[2] While not legally binding, the OHRC Policy provides guidance and best practice tips for Ontarians.
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