When Toby’s Act (Bill 33) passed in Ontario in 2012, the jurisdiction became the first in Canada to explicitly add gender identity to a human rights code.
Ontario’s Human Rights Commission had previously taken the position that gender identity was still a protected ground under the Ontario Human Rights Code based on the ban against sex discrimination, and the Human Rights Tribunal agreed with this interpretation in several cases, including in Hogan v. Ontario (Health and Long-Term Care).
In this 2006 case, the province argued that if the Ontario Code intended the definition to extend to these . . . [more]