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Gender identity or expression 

 
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It's the gender you identify with. For example, being a trans or non-binary person.
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A person cannot discriminate or harass you because of your gender identity or expression. The Charter of Human Rights and Freedoms prohibits anyone to:

  • treat you differently because of your gender identity or expression
  • make offensive and repeated comments to you related to your gender identity or expression
  • behave repeatedly in an offensive manner towards you in relation to your gender identity or expression

For example, a doctor cannot refuse to examine you or provide you with health care due to your gender identity because you are a trans person. Nor, can anyone harass or insult you due to how you express your gender by choosing, for example, to wear certain clothes, hairstyle or make-up.

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You believe you have been a victim of discrimination or harassment based on your gender identity or expression?

The Commission can help you recognize discrimination or harassment and take action to prevent or stop a discriminatory behaviour.

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Kim, discriminated against in a locker room

Kim is a member of a fitness club with two locker rooms, one for women and the other for men. The director has forbidden Kim, who is a trans woman, to use the women's locker room because she says she wants to respect the privacy of other women. Instead, the director should have worked with Kim to find a solution that respects her gender identity.

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Annie Pullen Sansfaçon et Olie Pullen: activists for the recognition of the rights of trans children

In French only. Le témoignage de Olie Pullen devant les députés de l’Assemblée nationale a mené à la modification du Code civil pour permettre aux enfants trans de changer leur mention de sexe à l’État civil. Sa mère, Annie Pullen Sansfaçon, cofondatrice de l’organisme Enfants transgenres Canada, et elle ont été récipiendaires du Prix Droits et Libertés.
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Did you know?

Gender identity or expression is the latest prohibited ground of discrimination to be added to the section 10 of the Charter of Human Rights and Freedoms. It came into force on July 10th 2016, when Bill 103: An Act to stenghthen the fight against transphobia and improve the situation of transgender minors in particular This link will redirect you to an external website which may present barriers to accessibility. was adopted unanimously by the Québec National Assembly.

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Learn more...

Find all our publications, training and other resources available on this ground.

 

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Related links

See our pages on: 

 

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