Ontario passes trans rights bill
ONTARIO POLITICS / Act will amend Human Rights Code to include gender expression and identity
Justin Ling / National / Wednesday, June 13, 2012
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Cheri DiNovo’s battle is over.
 
In a somewhat anti-climactic morning session of the Ontario legislature, members of all three parties stood to support the long-awaited passage of Toby's Act, a bill the NDP MPP has been championing for years.
 
The bill is also known under the more cumbersome title of Bill 33, an act to amend the Human Rights Code with respect to gender identity and gender expression. It looks to codify protections for trans people, mimicking protections that already exist for much of the queer community.
 
“The people who deserve recognition joined us in the gallery today,” said MPP Yasir Naqvi, the Liberal co-signer for the bill, as he stood in the legislature. “We’re getting the legal recognition today, but we need to do the educating.”
 
DiNovo, who had introduced this bill three times previously, applauded her colleagues across the aisle, as well as those sitting in the benches above. As DiNovo has done in her previous speeches on the bill, she spoke of the late Toby Dancer, the bill’s namesake.
"It gives me hope," said NDP MPP Cheri DiNovo about the passage of Toby's Act, a bill she's been championing for several years.
 
DiNovo recounted how Dancer, much to her chagrin, would often find herself playing "Amazing Grace" at DiNovo’s church. “She’d much rather be playing jazz,” DiNovo said. But because the church dedicated a night especially for those living in poverty or suffering from mental illness, Dancer played "Amazing Grace" so the congregation could sing along.
 
Dancer died in 2004. DiNovo has dedicated her work on this issue to her.
 
The passage of the bill marks a changing in the tides for the trans movement in Canada. Similar bills are being considered in Manitoba and at the federal level. The House of Commons, too, seems poised to pass a similar bill after seven years of trying.
 
This movement is critical, DiNovo said, as trans people face the highest rates of suicide and poverty of any marginal group.
 
“It gives me hope,” Dinovo said, paraphrasing a letter she received from a young trans woman who had been forced into the sex trade.
 
The bill has enjoyed bipartisan support that all parties have recognized as extraordinary. While the final vote was not carried unanimously, it received two very vocal Progressive Conservative endorsers in Christine Elliott -- who co-signed it -- and Rod Jackson.
 
“This isn’t the end; this is probably just the beginning,” Jackson said.
 
Liberal MPP Glen Murray, grinning, said, “It’s not often I get a chance to be a part of making history.”
 
This victory for the trans community comes on the heels of the passage of Bill 13, the anti-bullying law that will work toward including gay-straight alliances in all Ontario schools.
 
  


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Reader Comments


 
it's not done yet
Until a bill has received Royal Assent, it's not in force. While I agree it's awesome that it's been passed, let's not get ahead of ourselves. As a transman, I can't wait till it's well and truly done.
Wesley Austin, Kitchener Ontario
06/13/12 11:28 AM EST
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This didn't pass during the Liberal majority
Did everyone see this tweet from CBCQueensPark, the CBC reporter at Queen's Park? "Although all parties are supporting ?#TobysLaw? today, @Dalton_McGuinty was unaware of it when 1st asked about it at his newser this morn." He tweet that this morning. How embarrassing.
McGuinty is no leader, Toronto ontario
06/13/12 4:20 PM EST
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Nothing changed
umm... yay? So now the rights we already have in Ontario are written into a piece of paper. Realistically we aren't really any better off for this because it is just a confirmation of rights we already have. It is good and all but honestly I don't get how this is going to have a big impact when we already had these rights.
Angela, Toronto Ontario
06/13/12 6:25 PM EST
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Heck Yes
Angela I'm not sure if you have ever had to file a complaint with the commission. One of the first defenses those who are filed against make is that they don't believe people born with transsexualism or people who are transgender are covered under the act. This of course isn't true but is a good time waster and a good stress inducer. But even before that: Many HR Managers read through the code and it is the code that they adjust company guidelines around. Hence the amount of complaints that have had to be filed against organisations. And still, believe it or not, there are still people who don't know they are protected. They also look at the code and don't see themselves protected. Those two are solved by having it clearly written into the code. It also means that companies no longer can slide with the excuse, and they use it, that they didn't know/were not sure of the meaning/what it meant/covered etc. This addition also means it will be easier to challenge laws and or policies. Recently we have seen the possibility of changes in how birth registration is carried out. I suspect we'll now see changes in how adjusting one's health card is done. Changes in how one can adjust school records, which is an issue for many students right now. Make no mistake having your rights written down and clearly spelled out is much better then how it has been since 2000. Oh and it also means, and this is why the title is wrong, that many people are now going to be safer because they can no longer be discriminated against just because of their presentation. Think of how many daddy butches that have been facing abuse and discrimination just cause they love looking hot
femme, Toronto On
06/14/12 9:12 AM EST
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Human Rights 4 ALL
Has the YWCA Sudbury seen this? Jessica Larabee has filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination.
Jesse Larabee, Sudbury Ontario
06/14/12 1:23 PM EST
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@femme
I still am not too excited for this, from what you are saying all it means is companies can't use a strategy that doesn't work if a case brought to the tribunal. And I have never heard of a case where a company discriminated but got away with the excuse we didn't know it was against the law, especially bigger companies that have lawyers for that reason. As you mentioned we recently got the right to change our birth certificates (and with those our health cards and passports), this was done without this law because we were already protected. And when you say "many people are now going to be safer because they can no longer be discriminated against just because of their presentation" they already were protected under the law, so again I feel like nothing changed. I would have much preferred a push for better health care and more access to health care outside of Toronto than just having an extra line on a piece of paper, confirming rights we already had. But that is just my opinion.
Ashley, Toronto Ontario
06/14/12 5:02 PM EST
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Ashley
I'm glad you mentioned that the change in birth registration was done without these changes. What people keep forgetting is that the government has 6 months to appeal. Which without this addition in place, and especially because it was done in the way it was, that the government would have appealed, as would have the fed and possible other provinces joined in as intervener status as this case can/will affect how things happen in other provinces and with the Feds. You're actually wrong about protection already in place due to presentation. For people TS yes. The rest not so much or easily. It's a mistake many make believing but in the past there have been cases brought and lost around employers expecting their "which ever gender/sex" staff to dress "appropriately" (aka like a woman like a man) You are right that there needs to be a push for more access to health care and different types of health care for different people. And now that case can be made stronger still through the code. As for outside of Toronto, people need to begin helping in that work. The 333 didn't just pop up because the government thought it was a good idea. Same about the 519. People need to get together, begin educating and speaking with their own Councillors, their own MPPs and even MPs. Talk to your doctor to figure out how it can be made to happen. And let me tell you orgs can set up meetings and invite doctors, RHN does this all the time. Problem is most don't bother showing up. So again it's up to people to get their doctors involved in the process of helping make it happen. People can't sit and expect things to happen, instead it's up to people to take all the tools they have been given and use them. This new addition is a tool to be used. I know I can and will use this tool in my work to try and open more doors for people born with transsexualism and people who are transgender. (outside of Toronto BTW) Does it solve everything? No but it's sure a start.
femme, Toronto On
06/14/12 10:44 PM EST
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@Femme
I am a bit surprised to hear there were cases where that happened, especially since cross dressers and transgender people were used in several example for the OHRC's policies. Would you mind posting a few of these cases? I would be very interested to see the ruling because as far as I knew people had to dress appropriately as, meaning professionally but the "gender" of the clothing didn't matter as long as it followed company guidelines. In regard to health care, I was referring to the comments made by the health ministry that there would be, I believe, 5 assessors sites to access trans care in Ontario. This was said years ago and so far it seems there has been no action. Not one of those has been implemented, and the only one announced is again in Toronto.
Ashley, Toronto Ontario
06/17/12 12:45 PM EST
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What are the impacts of this bill?
I have heard that this bill allows boys and men who identify as female, will be allowed into women's change rooms and rest rooms. Is this true?
Mary, Peterborough Ontario Ontario
06/26/12 1:26 PM EST
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@Mary
No, that rumour is false. Toby's Law just makes the existing protections explicit. Trans people are already allowed to use the facilities appropriate to their identified sex and do so- I'm actually not sure there have ever been laws forbidding this, come to think of it.
Nico, Winnipeg MB
06/26/12 2:10 PM EST
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