Transgender Rights Protected in Canadian Law

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Transgender activists celebrated as a new law protecting gender identity and expression received royal assent on June 20, 2017.

The bill amended the Canadian Human Rights Act to add gender identity and expression as prohibitive grounds for discrimination and extended this protection through the Criminal Code. This means that it is illegal in Canada to discriminate against someone because of their transgender identity, or how they express their gender.

This legal protection will be applied in the same way that people are currently protected because of gender, race, ability and other identities, and guarantees them full and equal protection under the law.

“Bill C-16 is a major victory. After many years, the federal government has extended the same human rights protections to transgender people that other communities have had for many years,” said Mohamad Alsadi, Unifor Human Rights and International Director. “While this recognition will not immediately end the discrimination that transgender people face, it is an incredibly powerful tool to continue to push for equality.”

In Canada, transgender people still face elevated levels of violence and discrimination. Unions have a responsibility to defend all members on the job. This includes transgender members and all members of the LGBTQ community.

In the workplace Unifor members can also take concrete action to challenge hate and advance equality for transgender workers. For example, bargaining committees should include gender identity and gender expression as prohibitive grounds of discrimination and harassment in collective agreements.

Stewards can also speak up to help make work safe and supportive for transgender workers by advocating for transition plans.  A good transition plan includes ensuring confidentiality, access to washrooms and uniforms that are consistent with their gender, appropriate medical coverage and other necessary steps.  Read the Workers in Transition guide to get started.

Email @email to get involved in your regional LGBTQ committee.

Read the full text of Bill C-16 .