441-02070 (Civil and human rights)

Our government strongly condemns transphobia in all its forms and remains consistent in its support for transgender and non-binary Canadians. We have passed legislation to protect Canadians from discrimination and hate crimes based on gender identity and gender expression and to affirm their equal status in Canadian society. We have also criminalized conversion therapy, ensuring that 2SLGBTQ+ people of all ages are never forced to be anything other than who they truly are.

Section 15(1) of the Canadian Charter of Rights and Freedoms guarantees equality to all individuals without discrimination based on several grounds. Although the grounds of “gender identity” and “gender expression” are not explicitly listed in the text of s. 15(1) of the Charter, it is important to note that the enumerated grounds are not exhaustive. Courts have found laws and policies which misgender or otherwise do not recognize the gender identity of transgender and non-binary individuals could constitute discrimination, contrary to s. 15 of the Charter.

Response by the Minister for Women and Gender Equality and Youth.

Canada is a country built on the values of diversity, inclusion and respect for human rights. Equality rights are enshrined in the Canadian Charter of Rights and Freedoms and ensure that everyone of every age is treated with the same respect, dignity and consideration, regardless of personal characteristics such as race, national or ethnic origin, colour, religion, mental or physical disability, marital status, citizenship, sexual orientation and gender identity and expression, from coast to coast to coast. The Government of Canada is committed to supporting and protecting the rights of the most vulnerable communities, including the 2SLGBTQI+ community, and especially of queer youth.

Despite these enshrined rights, discrimination on the basis of sexual orientation, gender identity and expression continue to be a reality in Canada, and it must be eliminated. In this current climate, there is a disturbing rise in hate and violence against 2SLGBTQI+ communities, which contributes to an increased climate of fear for 2SLGBTQI+ people. 2SLGBTQI+ communities are telling me that they are afraid. According to Statistics Canada, police reported hate crimes targeting sexual orientation rose by 70% between 2020 and 2021. Further, 56% of transgender men and 54% of transgender women and gender diverse people who responded to the 2021 2SLGBTQI+ Action Plan Survey said they experienced violence and discrimination. Finally, in February 2024, the Standing Committee on Justice and Human Rights tabled report to the House that called on leaders at all levels of government in Canada to speak out strongly in favour of Canadian values of equality and inclusion for the 2SLGBTQI+ community in the face of rising hate.

The Government of Canada is committed to promoting 2SLGBTQI+ equality, protecting 2SLGBTQI+ rights, and addressing discrimination against 2SLGBTQI+ communities, both past and current, including transgender and gender diverse youth.

This Government has taken several actions to end discrimination against 2SLGBTQI+ people, including transgender and gender diverse people in Canada. Highlights include:

- A new Action Plan to Combat Hate that will also address hate faced by 2SLGBTQI+ people, including trans people (See Budget 2023, chapter 4)

- A one-time emergency investment of $1.5M to Fierte Canada Pride to help pride organizations address increased security and insurance costs during the 2023 Pride season, see Statement

- The National Action Plan to end Gender-Based Violence, which serves as a framework for a Canada free of gender-based violence, including violence against 2SLGBTQI+ people, and is supported by an investment of $539.3M over five years.

- The criminalization of so-called ‘conversion therapies in 2022, see Statement

- Amending the Canadian Human Rights Act in 2017 to protect gender identity and gender expression

In addition, through Canada’s first 2SLGBTQI+ Action Plan, the Government of Canada will build on our work to address persisting disparities faced by 2SLGBTQI+ communities and to build a safer, more inclusive country. Launched in 2022, and supported by an investment of $100 million, the Action Plan enables the federal government to advance rights and equality for 2SLGBTQI+ people of every age in Canada. It also seeks to address and prevent discrimination and stigma based on sexual orientation, gender identity and expression and sex characteristics for future 2SLGBTQI+ generations.

The Action Plan will achieve these objectives by prioritizing community action and by coordinating work to advance 2SLGBTQI+ issues across the federal government, recognizing the types of inequities facing communities. The Action Plan commits the Government of Canada to engage everyone in Canada in fostering a 2SLGBTQI+ inclusive present and future and commits up to $5.6 million to enhance inclusion and break down stigma and discrimination against 2SLGBTQI+ communities, including transgender and gender diverse people, through an awareness campaign. In May 2023, the Government completed public opinion research to inform the development of the awareness campaign, see  report and in August 2023, the Government awarded a competitively-sourced contract to a marketing firm to develop, manage and implement this campaign.

The Government of Canada is watching closely as the situation surrounding policies touching transgender and non-binary people across Canada develops. In the present context, the Government of Canada is supporting 2SLGBTQI+ organizations across the country so that they can join and participate in these important discussions. It is not just up to the 2SLGBTQI+ community to speak up and defend their rights, collectively as Canadians we all have a duty to defend minority rights. The Government of Canada and the department of Women and Gender Equality is deeply concerned about the coordinated and organized efforts to target and spread hatred towards hate the 2SLGBTQI+ community. It is now more important than ever to show our solidarity with the 2SLGBTQI+ community because every time a Canadian feels free to affirm who they are, or who they love, our country is stronger for it.