Links > Legal > Legal Analysis
The following links are for trans legal cases. Unless otherwise noted, the content of the following links are written from a Canadian perspective. Links to other relevant TESA resources are included at the end of the page, if applicable.
Note: These resources are provided for information purposes only and do not constitute legal or medical advice.
Note: These resources are provided for information purposes only and do not constitute legal or medical advice.
Canada trans legal analysis
Laws, including laws about human rights, vary by jurisdiction. The following analyses are written from a Canadian legal perspective:
McKay-Panos (2015) -- Settlement agreements can pose challenges for human rights commissions
Luhtanen (2015) (p.7) -- Transgender Youth: Everyday items, everyday rights
McKay-Panos (2014) -- Human Rights of Transgender Persons
Canadian Civil Liberties Association (2014) -- The latest decision in the Transgender Teacher Discrimination Case
Koshan (2014) -- A Vital Judgement: Upholding Transgendered Rights in Alberta
Tam (2013) -- Explicit Legal Protections for Transgendered Canadians: Why it is Necessary and How it Might be Done [Masters' Thesis]
McGill & Kirkup (2013) -- Locating the Trans Legal Subject in Canadian Law: XY v Ontario
Library of Parliament (2013) -- Diversity of sexual orientations and identities: How is Canada doing?
Miller Thomson (2012) -- Gender Identity and Access to Women's Washroom Facilities
findlay (2008) -- Ruminations of an Activist Queer Lawyer
Chambers (2007) -- Unprincipled Exclusions: Feminist Theory, Transgender Jurisprudence, and Kimberly Nixon
Prasad (2005) -- Reconsidering the Socio-Scientific Enterprise of Sexual Difference: The Case of Kimberly Nixon
Mayeda (2005) -- Re-imagining Feminist Theory: Transgender Identity, Feminism, and the Law
Mathen (2004) -- Transgendered Persons and Feminist Strategy
Grenfell (2001) -- Disrupting Law's Categories: Transgenderism, Feminism, and Identity [Masters' Thesis]
Laws, including laws about human rights, vary by jurisdiction. The following analyses are written from a Canadian legal perspective:
McKay-Panos (2015) -- Settlement agreements can pose challenges for human rights commissions
Luhtanen (2015) (p.7) -- Transgender Youth: Everyday items, everyday rights
McKay-Panos (2014) -- Human Rights of Transgender Persons
Canadian Civil Liberties Association (2014) -- The latest decision in the Transgender Teacher Discrimination Case
Koshan (2014) -- A Vital Judgement: Upholding Transgendered Rights in Alberta
Tam (2013) -- Explicit Legal Protections for Transgendered Canadians: Why it is Necessary and How it Might be Done [Masters' Thesis]
McGill & Kirkup (2013) -- Locating the Trans Legal Subject in Canadian Law: XY v Ontario
Library of Parliament (2013) -- Diversity of sexual orientations and identities: How is Canada doing?
Miller Thomson (2012) -- Gender Identity and Access to Women's Washroom Facilities
findlay (2008) -- Ruminations of an Activist Queer Lawyer
Chambers (2007) -- Unprincipled Exclusions: Feminist Theory, Transgender Jurisprudence, and Kimberly Nixon
Prasad (2005) -- Reconsidering the Socio-Scientific Enterprise of Sexual Difference: The Case of Kimberly Nixon
Mayeda (2005) -- Re-imagining Feminist Theory: Transgender Identity, Feminism, and the Law
Mathen (2004) -- Transgendered Persons and Feminist Strategy
Grenfell (2001) -- Disrupting Law's Categories: Transgenderism, Feminism, and Identity [Masters' Thesis]
International trans legal analysis
While laws about human rights vary by jurisdiction, Canada is also a signatory to important international treaties regarding human rights. The following analyses are written from an international law perspective that may also refer to Canadian obligations:
International Lesbian, Gay, Bisexual, Trans and Intersex Association (International) (2011) -- Compilation of Jurisprudence on Transgender Rights
Cossman (International) (2002) -- Gender Performance, Sexual Subjects and International Law
While laws about human rights vary by jurisdiction, Canada is also a signatory to important international treaties regarding human rights. The following analyses are written from an international law perspective that may also refer to Canadian obligations:
International Lesbian, Gay, Bisexual, Trans and Intersex Association (International) (2011) -- Compilation of Jurisprudence on Transgender Rights
Cossman (International) (2002) -- Gender Performance, Sexual Subjects and International Law
Other Nations' trans legal analysis
Sometimes ideas developed in one jurisdiction may be helpful in another. The following analyses are written from the perspective of many different nations or national unions:
European Union
Scottish Transgender Alliance (UK) (2013) -- A Practical Guide: Monitoring the number of transgender service users or staff
USA
Human Rights Campaign (USA) (2015) -- Chipping away at equality
National Coalition of Anti-Violence Programs (USA) (2013) -- Fact Sheet: Hate violence against transgender communities
National Coalition of Anti-Violence Programs (USA) (2013) -- National report on hate violence against lesbian, gay, bisexual, transgender, queer and HIV-affected communities
Sometimes ideas developed in one jurisdiction may be helpful in another. The following analyses are written from the perspective of many different nations or national unions:
European Union
Scottish Transgender Alliance (UK) (2013) -- A Practical Guide: Monitoring the number of transgender service users or staff
USA
Human Rights Campaign (USA) (2015) -- Chipping away at equality
National Coalition of Anti-Violence Programs (USA) (2013) -- Fact Sheet: Hate violence against transgender communities
National Coalition of Anti-Violence Programs (USA) (2013) -- National report on hate violence against lesbian, gay, bisexual, transgender, queer and HIV-affected communities