Gender identity or expression
It's the gender you identify with. For example, being a trans or non-binary person.
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.
Discriminated against in a gym
Kim belongs to a gym that has two change rooms, one for women and one for men. The manager banned Kim, who is a trans woman, from using the women’s change room, saying that she wanted to protect the other women’s privacy. The manager should have worked with Kim to find a way of using the change rooms that respected Kim’s gender identity.
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, was adopted unanimously by the Québec National Assembly.