Q. Will "gender identity" and "gender expression" be defined in the Bill?
A. In order to ensure that the law would be as inclusive as possible, the terms "gender identity" and "gender expression" are not defined in the Bill. With very few exceptions, grounds of discrimination are not defined in legislation but are left to courts, tribunals, and commissions to interpret and explain, based on their detailed experience with particular cases.
Definitions of the terms "gender identity" and "gender expression" have already been given by the Ontario Human Rights Commission, for example. The Commission has provided helpful discussion and examples that can offer good practical guidance. The Canadian Human Rights Commission will provide similar guidance on the meaning of these terms in the Canadian Human Rights Act.
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As stated above, the government will leave it up to courts, tribunals, and commissions, such as the specifically mentioned Ontario Human Rights Commission, to define how the law is enforced.
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The Ontario Human Rights Commission website
specifically states that using the incorrect gender pronoun may be considered discrimination.
Refusing to refer to a trans person by their chosen name and a personal pronoun that matches their gender identity, or purposely misgendering, will likely be discrimination when it takes place in a social area covered by the Code, including employment, housing and services like education.
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Other relevant case law includes a case where the Vancouver Police were
fined by the human rights tribunal for, among other things, misgendering a trans woman by using her legal (male) name and male pronouns instead of her preferred name and pronouns.
