Entry #1787: LGBT employment discrimination in Canada

Current Version

RegionCanada
IssueLGBT employment discrimination
StatusSexual orientation only
Start DateJun 1, 1996
End DateJan 1, 2017
DescriptionFederal human rights law applies directly to only federal government employment and employers which fall under federal jurisdiction. Gender identity is only implicitly protected under interpretation of the law by the Canadian Human Rights Tribunal. Attempts have been made to have gender identity and gender expression added as protected classes to both the Canadian Human Rights Act and Criminal Code, though none of these attempts so far has been successful. Provincial human rights acts are separate, but Supreme Court precedent exists for requiring provinces to protect the same classes as the Canadian Human Rights Act. At this time all provinces protect against employment discrimination on the basis of sexual orientation. Of the provinces only Ontario has explicit protection on the basis of both gender identity and gender expression in its human rights code, though several provide implicit protections on the basis of gender identity or "transsexualism" under the category of "sex" or "gender".
Sourceshttp://www.chrc-ccdp.ca/eng/content/what-discrimination http://www.chrc-ccdp.ca/eng/content/how-are-human-rights-protected-canada http://www.canlii.org/en/ca/chrt/doc/2001/2001canlii8496/2001canlii8496.html http://www.chrt-tcdp.gc.ca/NS/about-apropos/jurisdiction-competence-eng.asp http://egale.ca/all/faq-gender-identity/#3 http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h19_e.htm#BK1 http://www.parl.gc.ca/content/lop/researchpublications/prb0413-e.htm#a1995txt http://dailyxtra.com/canada/news/trans-bill-c-279-stalled-94233 https://openparliament.ca/bills/41-1/C-279/


Revision History (4)

Revision by FCBSIX

Old Value New Value (Current)
End Date9999-12-122017-01-01

Revision by litui

Old Value New Value
NoteFederal human rights law applies directly to only federal government employment and employers which fall under federal jurisdiction. Gender identity is only implicitly protected under interpretation of the law by the Canadian Human Rights Tribunal. Attempts have been made to have gender identity and gender expression added to both the Canadian Human Rights Act and Criminal Code, though none of these attempts so far has been successful. Provincial human rights acts are separate, but Supreme Court precedent exists for requiring provinces to protect the same classes as the Canadian Human Rights Act. At this time all provinces protect against employment discrimination on the basis of sexual orientation. Of the provinces only Ontario has explicit protection on the basis of both gender identity and gender expression in its human rights code, though several provide implicit protections on the basis of gender identity or "transsexualism" under the category of "sex" or "gender".Federal human rights law applies directly to only federal government employment and employers which fall under federal jurisdiction. Gender identity is only implicitly protected under interpretation of the law by the Canadian Human Rights Tribunal. Attempts have been made to have gender identity and gender expression added as protected classes to both the Canadian Human Rights Act and Criminal Code, though none of these attempts so far has been successful. Provincial human rights acts are separate, but Supreme Court precedent exists for requiring provinces to protect the same classes as the Canadian Human Rights Act. At this time all provinces protect against employment discrimination on the basis of sexual orientation. Of the provinces only Ontario has explicit protection on the basis of both gender identity and gender expression in its human rights code, though several provide implicit protections on the basis of gender identity or "transsexualism" under the category of "sex" or "gender".
Reports (3)
  • Status is not correct "Gender identity and gender expression added to human rights code and criminal code by Bill C-16 in June 2017"
  • Status is not correct "http://www.parl.ca/DocumentViewer/en/42-1/bill/C-16/first-reading"
  • Status is not correct "Employment Discrimination is mandated on a per province basis. It is only federally mandated within federal agencies or court appointments by the Department of Justice Canada (federally appointed Justices and Master Justices)"

Revision by litui

Old Value New Value
NoteFederal human rights law applies directly to only federal government employment and employers which fall under federal jurisdiction. Gender identity is only implicitly protected under interpretation of the law by the Canadian Human Rights Tribunal. Provincial human rights acts are separate, but Supreme Court precedent exists for requiring provinces to protect the same classes as the Canadian Human Rights Act. At this time all provinces protect against employment discrimination on the basis of sexual orientation. Of the provinces only Ontario has explicit protection on the basis of both gender identity and gender expression in its human rights code, though several provide implicit protections on the basis of gender identity or "transsexualism" under the category of "sex" or "gender".Federal human rights law applies directly to only federal government employment and employers which fall under federal jurisdiction. Gender identity is only implicitly protected under interpretation of the law by the Canadian Human Rights Tribunal. Attempts have been made to have gender identity and gender expression added to both the Canadian Human Rights Act and Criminal Code, though none of these attempts so far has been successful. Provincial human rights acts are separate, but Supreme Court precedent exists for requiring provinces to protect the same classes as the Canadian Human Rights Act. At this time all provinces protect against employment discrimination on the basis of sexual orientation. Of the provinces only Ontario has explicit protection on the basis of both gender identity and gender expression in its human rights code, though several provide implicit protections on the basis of gender identity or "transsexualism" under the category of "sex" or "gender".
Sourceshttp://www.chrc-ccdp.ca/eng/content/what-discrimination http://www.chrc-ccdp.ca/eng/content/how-are-human-rights-protected-canada http://www.canlii.org/en/ca/chrt/doc/2001/2001canlii8496/2001canlii8496.html http://www.chrt-tcdp.gc.ca/NS/about-apropos/jurisdiction-competence-eng.asp http://egale.ca/all/faq-gender-identity/#3 http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h19_e.htm#BK1 http://www.parl.gc.ca/content/lop/researchpublications/prb0413-e.htm#a1995txthttp://www.chrc-ccdp.ca/eng/content/what-discrimination http://www.chrc-ccdp.ca/eng/content/how-are-human-rights-protected-canada http://www.canlii.org/en/ca/chrt/doc/2001/2001canlii8496/2001canlii8496.html http://www.chrt-tcdp.gc.ca/NS/about-apropos/jurisdiction-competence-eng.asp http://egale.ca/all/faq-gender-identity/#3 http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h19_e.htm#BK1 http://www.parl.gc.ca/content/lop/researchpublications/prb0413-e.htm#a1995txt http://dailyxtra.com/canada/news/trans-bill-c-279-stalled-94233 https://openparliament.ca/bills/41-1/C-279/

Revision by litui

Old Value (Original) New Value
NoteFederal human rights law applies directly to only federal government employment and employers which fall under federal jurisdiction. Gender identity is only implicitly protected under interpretation of the law by the Canadian Human Rights Tribunal. Provincial human rights acts are separate, but Supreme Court precedent exists for requiring provinces to protect the same classes as the Canadian Human Rights Act. At this time all provinces protect against employment discrimination on the basis of sexual orientation. Of the provinces only Ontario has explicit protection on the basis of both gender identity and gender expression in its human rights code, though several provide implicit protections on the basis of gender identity or "transsexualism" under the category of "sex" or "gender".Federal human rights law applies directly to only federal government employment and employers which fall under federal jurisdiction. Gender identity is only implicitly protected under interpretation of the law by the Canadian Human Rights Tribunal. Provincial human rights acts are separate, but Supreme Court precedent exists for requiring provinces to protect the same classes as the Canadian Human Rights Act. At this time all provinces protect against employment discrimination on the basis of sexual orientation. Of the provinces only Ontario has explicit protection on the basis of both gender identity and gender expression in its human rights code, though several provide implicit protections on the basis of gender identity or "transsexualism" under the category of "sex" or "gender".

litui created this entry.