FACT PAGE | Human Rights Across Canada
Canada is comprised of ten provinces and three territories. Each province and territory within Canada has a human rights act or code that enumerates (lists) protections for its citizens. In Canada, all provinces and territories protect trans rights. Some provinces and territories protect trans rights through explicitly listing "gender identity" or "gender identity and gender expression," while others interpret trans rights implicitly (non-explicitly) under other grounds.
A summary table of trans rights by province and territory is below, followed by detailed citations for each jurisdiction.
As of May 17, 2016, the Honourable Minister of Justice Jody Wilson-Raybould introduced Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code. If enacted, this bill will clarify the protection of trans people in the Canadian Human Rights Act through the addition of the grounds "gender identity or expression," as well as add "gender identity or expression" to the identifiable group clause of the Criminal Code.
Prior to the introduction of Bill C-16, officials have testified protections for gender identity and gender expression were interpreted under other grounds. 2016, 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. As Bill C-16 is a Government bill, private member's bill C-204 (introduced December 9, 2015) will not continue forward. Additional information regarding federal human rights legislation may be found at the end of this page.
This fact page was last updated in July 2016.
Note: This resource does not constitute medical or legal advice.
A summary table of trans rights by province and territory is below, followed by detailed citations for each jurisdiction.
As of May 17, 2016, the Honourable Minister of Justice Jody Wilson-Raybould introduced Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code. If enacted, this bill will clarify the protection of trans people in the Canadian Human Rights Act through the addition of the grounds "gender identity or expression," as well as add "gender identity or expression" to the identifiable group clause of the Criminal Code.
Prior to the introduction of Bill C-16, officials have testified protections for gender identity and gender expression were interpreted under other grounds. 2016, 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. As Bill C-16 is a Government bill, private member's bill C-204 (introduced December 9, 2015) will not continue forward. Additional information regarding federal human rights legislation may be found at the end of this page.
This fact page was last updated in July 2016.
Note: This resource does not constitute medical or legal advice.
SUMMARY: Trans rights in Canada by province & territory
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Gender Identity & Gender Expression
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Gender Identity
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Interpreted Under Other Grounds
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(Summary table updated July 2016)
Provinces and territories are listed in alphabetical order. Details regarding human rights legislation for each provincial and territorial jurisdiction, as well as a summary of federal Canadian human rights legislation, follows below.
LAWS PROTECTING BOTH 'GENDER IDENTITY' & 'GENDER EXPRESSION'
Canadian provinces and territories explicitly listing both 'gender identity" and "gender expression" in their respective human rights legislation, in alphabetical order.
1. Alberta
Alberta has two pieces of legislation governing human rights in the province, the Alberta Human Rights Act and the Alberta Bill of Rights. In 2015, both laws were changed to clarify trans rights within the province. Alberta is the fifth province to list both "gender identity" and "gender expression" in its human rights legislation.
EXPLICIT -- The Alberta Human Rights Act will list "gender identity" or "gender expression" as Bill 7, the Alberta Human Rights Amendment Act, 2015, received royal assent and proclamation by Alberta's Lieutenant Governor on December 11, 2015.
EXPLICIT -- The Alberta Bill of Rights lists "gender identity" and "gender expression." This amendment received royal assent and proclamation by Alberta's Lieutenant Governor on June 1, 2015. Section 1 of the Alberta Bill of Rights states, "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]
The Alberta Human Rights Commission has long noted that trans people in Alberta already have protection under the then-existing ground 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.
Please also see TESA's:
-- media release: Alberta clarifies explicit inclusion for gender identity, gender expression (2015)
-- media release: TESA supports gender identity, gender expression enumeration in the Alberta Human Rights Act (2015)
-- media release: TESA jubilant gender identity, gender expression protection enumerated in Alberta law (2015)
-- letter: Clarifying trans* rights in the Alberta Human Rights Act (2014)
EXPLICIT -- The Alberta Human Rights Act will list "gender identity" or "gender expression" as Bill 7, the Alberta Human Rights Amendment Act, 2015, received royal assent and proclamation by Alberta's Lieutenant Governor on December 11, 2015.
EXPLICIT -- The Alberta Bill of Rights lists "gender identity" and "gender expression." This amendment received royal assent and proclamation by Alberta's Lieutenant Governor on June 1, 2015. Section 1 of the Alberta Bill of Rights states, "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]
The Alberta Human Rights Commission has long noted that trans people in Alberta already have protection under the then-existing ground 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.
Please also see TESA's:
-- media release: Alberta clarifies explicit inclusion for gender identity, gender expression (2015)
-- media release: TESA supports gender identity, gender expression enumeration in the Alberta Human Rights Act (2015)
-- media release: TESA jubilant gender identity, gender expression protection enumerated in Alberta law (2015)
-- letter: Clarifying trans* rights in the Alberta Human Rights Act (2014)
2. British Columbia
EXPLICIT -- As of August 24, 2016, The Human Rights Code of British Columbia explicitly lists "gender identity or expression" 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.
3. Newfoundland and Labrador
EXPLICIT -- The Human Rights Act of Newfoundland and Labrador explicitly lists "... gender identity, gender expression ..." in Part II, Section 9(1).
4. 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).
5. 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).
6. Prince Edward Island
EXPLICIT -- The Human Rights Act of Prince Edward Island explicitly lists "... gender identity, gender expression ..." in Section 1(1)(d).
LAWS PROTECTING ONLY 'GENDER IDENTITY'
Canadian provinces and territories explicitly listing only 'gender identity" in their respective human rights legislation, in alphabetical order.
1. Manitoba
EXPLICIT -- The Human Rights Code of Manitoba explicitly lists "gender
identity" in Section 9(2)(g).
2. Northwest Territories
EXPLICIT -- The Human Rights Act of Northwest Territories explicitly lists "gender identity" in Part 2, Section 5(1).
3. 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.
LAWS PROTECTING TRANS RIGHTS UNDER DIFFERENT GROUNDS
Canadian provinces and territories that interpret trans rights implicitly (non-explicitly) under other grounds in their respective human rights legislation, in alphabetical order.
1. 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.
2. 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.
3. 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.
4. 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.
CANADA (Federal trans rights)
NOT EXPLICIT -- CONSTITUTION -- Canada's Charter of Rights and Freedoms does not explicitly list "gender identity" or "gender expression" in its text. However, Section 7 states that "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." Also, Section 15 (1) states that "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
An Alberta case, C.F. v. Alberta (Vital Statistics), 2014 ABQB 237, overturned part of an Alberta law that "infringes [the complainant's] Charter s.15(1) right to equal protection and benefit of the law" [at paragraph 60].
NOT EXPLICIT -- STATUTES -- 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, three 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, was not enacted. The third, Bill C-204, sought to add both "gender identity" and "gender expression" to the CHRA and the Criminal Code. The fourth, Bill C-16 (introduced May 17, 2016) seeks to add "gender identity or expression" to the Canadian Human Rights Act and the Criminal Code.
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."
For information regarding how to support Bill C-16, please click here.
Please also see TESA's:
-- federal trans* rights campaign, #transrights NOT #trashrights
-- links to resources on Canadian and international trans* human rights
-- links to Canadian trans* legal cases
-- links to legal analyses of trans* rights
An Alberta case, C.F. v. Alberta (Vital Statistics), 2014 ABQB 237, overturned part of an Alberta law that "infringes [the complainant's] Charter s.15(1) right to equal protection and benefit of the law" [at paragraph 60].
NOT EXPLICIT -- STATUTES -- 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, three 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, was not enacted. The third, Bill C-204, sought to add both "gender identity" and "gender expression" to the CHRA and the Criminal Code. The fourth, Bill C-16 (introduced May 17, 2016) seeks to add "gender identity or expression" to the Canadian Human Rights Act and the Criminal Code.
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."
For information regarding how to support Bill C-16, please click here.
Please also see TESA's:
-- federal trans* rights campaign, #transrights NOT #trashrights
-- links to resources on Canadian and international trans* human rights
-- links to Canadian trans* legal cases
-- links to legal analyses of trans* rights
NOTE: This resource was last updated in July 2016. 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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