Explicit Legal Protections for Transgendered Canadians: Why it is Necessary and How it Might be Done

Abstract

Explicit legal protections for trans individuals are necessary in Canadian human rights and antidiscrimination jurisprudence. The current grounds of protection against discrimination that trans individuals must rely upon (i.e., sexual orientation discrimination, disability discrimination and sex discrimination) insufficiently recognize trans individuals and the trans discrimination they face. I propose that a multi-level framework of explicit legal protections is required to address these insufficiencies. This framework includes the recognition of an analogous ground of Gender Identity and Gender Expression under the Charter, amendments to human rights legislation incorporating trans protections into prohibited grounds of discrimination at federal and provincial levels, and finally explicit recognition of trans individuals and trans discrimination in legal arguments and in litigation. This framework will allow for mutual reinforcement at multiple levels and promote development of trans specific jurisprudence. With such explicit legal protections in place trans individuals will be better protected against trans discrimination in Canada.

MAST