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Overview
• Trans 101 (Who are trans people? Common terms and words not to say)
• Types of challenges, legal and otherwise, that trans people face
• The law
• Safer-space strategies like using appropriate pronouns, and increasing safety and inclusion for trans people.
Trans 101
Important Terms
• Sex and gender
• The gender binary
• Transgender
• Transexual
• Cross-dresser
• Intersex
• Non-binary
• Gender-non-conforming, gender creative
• Two-spirit
• cisgender
Terms
• Biological sex
• Assigned sex
• Sexual orientation
• Gender identity
• Gender expression
• MTF Transition
• FTM Transition
• Gender Affirming medical care
• Transphobia
Offensive terms
Transition
• Surgical
• Medical
• Social
• Best practice: self-identification
• No requirement for medical
intervention of certificate
Famous transwomen:
Famous transmen
Famous non-binary people
Dawson v. Vancouver Police Board (No. 2), 2015 BCHRT 54
Barriers
Legal Barriers
• Discrimination and Harassment in:
• Housing,
• Education,
• Health care,
• Employment,
• Daily life.
Trans people and the law
Basic Protection
• The Canadian Charter or Rights and Freedoms (s 15, s
7)
• Human Rights Act (Canada) (“sex” “disability” “gender
identity and gender expression)
• BC Human Rights Code (“sex” “disability” “gender
identity and gender expression)
• The Criminal Code
• Workers Compensation regulations (bullying,
harassment)
• Collective Agreements
• Local trans inclusion policies
Charter 7. Everyone has the right to life, liberty and security
of the person and the right not to be deprived thereof
except in accordance with the principles of
fundamental justice.
15. (1) Every individual is equal before and under the
law and has the right to the equal protection and
equal benefit of the law without discrimination and, in
particular, without discrimination based on race,
national or ethnic origin, colour, religion, sex, age or
mental or physical disability.
Charter Exceptions
Affirmative action programs
15(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Federal Human Rights Act
Prohibited grounds of discrimination
3 (1) For all purposes of this Act, the prohibited
grounds of discrimnation are race, national or
ethnic origin, colour, religion, age, sex, sexual
orientation, gender identity or expression, marital
status, family status, disability and conviction for an
offence for which a pardon has been granted or in
respect of which a record suspension has been
ordered.
Federal exemptions Special programs
16 (1) It is not a discriminatory practice for a person
to adopt or carry out a special program, plan or
arrangement designed to prevent disadvantages that
are likely to be suffered by, or to eliminate or reduce
disadvantages that are suffered by, any group of
individuals when those disadvantages would be
based on or related to the prohibited grounds of
discrimination, by improving opportunities respecting
goods, services, facilities, accommodation or
employment in relation to that group.
Federal exemptions
Universality of service for Canadian
Forces
15 (9) Subsection (2) is subject to the
principle of universality of service under
which members of the Canadian Forces
must at all times and under any
circumstances perform any functions that
they may be required to perform.
BC Human Rights Code Freedom from discrimination in accommodation, service
and facility; purchase of property, tenancy, employment,
wages, or by unions
“because of the race, colour, ancestry, place of origin,
political belief, religion, marital status, family status,
physical or mental disability, sex, sexual orientation,
gender identity or expression, or age of that person or
because that person has been convicted of a criminal or
summary conviction offence that is unrelated to the
employment or to the intended employment of that
person.”
Provincial Exemptions
Exemptions
41 (1) If a charitable, philanthropic, educational, fraternal,
religious or social organization or corporation that is not operated
for profit has as a primary purpose the promotion of the interests
and welfare of an identifiable group or class of persons
characterized by a physical or mental disability or by a common
race, religion, age, sex, sexual orientation, gender identity or
expression, marital status, political belief, colour, ancestry or
place of origin, that organization or corporation must not be
considered to be contravening this Code because it is granting a
preference to members of the identifiable group or class of
persons.
Provincial Exemptions Special programs 42 (1) It is not discrimination or a contravention of this Code to plan, advertise, adopt or implement an employment equity program that: (a) has as its objective the amelioration of conditions of disadvantaged individuals or groups who are disadvantaged because of race, colour, ancestry, place of origin, physical or mental disability, sex, sexual orientation, or gender identity or expression, and (b) achieves or is reasonably likely to achieve that objective.
Not Exemptions
X Other employees’ discomfort
X Customers’ or clients’ discomfort
Workers Compensation
• Bullying and harassment language
• Psychological or physical injury claim
Local policies
• Vancouver Park Board
• Vancouver School Board
• City of Vancouver
Collective Agreement Language
• Right to a harassment-free workplace
• Benefit plan and leave provisions
Explicit protection
Explicit protection
BC Human Rights Code (Bill-27)
Human Rights Act (Canada) – (Bill C 16)
Criminal Code (Bill C-16)
Workers Compensation
Collective Agreements
Local policies
This is an issue for us:
• Solidarity includes EVERYONE!
How can we help?
Trans inclusion to do list
• Appropriate pronouns
• Accessible offices and activities
• Better collective agreement language
• Privacy and respect
Be an ally
Trans people are disproportionately victims of violence and social ostracism. Be a good human.
• Use your privilege for good!- stand up for us, call people on their remarks and jokes
• work in your practice to make room for all genders, in space and in language.
• Include trans people in crafting policies that affect them
• Respect Privacy and safety! Someone’s trans status is not your news to tell.
• Educate yourself. • See trans people as people rather than
objects or oddities. It is not a trans person’s job to explain themselves to you.
• Accept trans people for who they say
they are, including their name and pronoun-and if you don’t know, ask!
Be an ally
Be an ally
• Remember that transgender women are women and transgender men are men
• Remember some people prefer to exist
somewhere in between or outside of the gender binary.
• Don’t assume anything- gender, pronoun,
orientation, bathroom preference, surgical plans, legal matter, etc.
Be an ally
• Use appropriate language
• “born a boy” or “born a girl,” assigned male or female at birth.
• Don’t use offensive terms or prefixes such as “real” or “bio-“ when describing someone who is not trans (it’s best to use “cis-”). Although trans people may use these terms in self- reference, cisgender people should avoid this language.
• If you don’t know, ASK!
Recognize Barriers
• Don’t require legal name changes before you will use a person’s name
• Don’t ask about sex or gender on forms • Don’t charge an unnecessary user fee,
announce people’s names, or require a key or ID for access to basic services.
• Pay an honorarium!
Change policies to make:
• Spaces more accessible
• Signage more inclusive
• Gender neutral language standard
• Change gender-segregated spaces
(bathrooms, change rooms) into all gender
spaces
Other inclusion efforts
• Describing union activities without gendering them
• Include trans women explicitly in women activist
committees and events, and elect them to womens’
officer positions
• Don’t assume any member’s gender
• Hold Trans Day of Remembrance events
• Support legislative change to protect trans workers
• Hold employers accountable for including trans
workers and bargain more inclusive collective
agreements
Mourn
Organize
Group exercise
• Asking pronouns
Group exercise
• Apologizing for misgendering someone
Adrienne Smith @VanAlias:
Why am I late? Because our seat of
government doesn't have a nongendered
bathroom for me
9:23 AM - 25 Jul 2016
Bad
Better
Best
Result?
Scenario- supporting a member
You are a shop steward. A member approaches you for help:
"Michael" would like her boss to call her Melanie, and she would like to change in the womens’ change room. How would you help Melanie?
Scenario - Landlord problems
• You are a community advocate. Your first client of the day is Argenta.
• Argenta rented an apartment midway through her transition, but now she is dressing as herself, most of the time. Her landlord keeps cashing her cheques, which are printed with her old name on them.
• Yesterday, the landlord saw her coming home wearing a dress. He comes by at supper time and asks her to move out because she is "not normal". Is this ok? What would you do?
Scenario – health clinic
• Joey thinks he might be pregnant. He
needs an STI test and to talk to someone
about his options regarding the pregnancy.
There is a Planned Parenthood clinic in his
neighbourhood but he doesn't know if he
can go there. How would you help Joey?
Scenario- the local election
• Your union has a womens’ representative,
and elections are happening at your next
meeting. Pavan, a member who has
served as treasurer for the last two years
ask you if you will nominate them for the
position. You think they would do a great
job, but you are not sure whether they
count as a woman. What do you do?
Resources • Google
• Transgender Law Centre: peeing in peace http://transgenderlawcenter.org/issues/public-accomodations/peeing-in-peace
• Dean Spade: Normal Life. New York: South End Press, 2011.
• BC Law Institute: Gender Free Legal Writing http://www.bcli.org/sites/default/files/GenderFree.pdf
• Transgender health information program http://transhealth.phsa.ca/
• Trans Rights BC http://www.transrightsbc.ca/
• Canadian Labour Congress- Workers in transition guidebookhttp://canadianlabour.ca/sites/default/files/media/Wor
kersInTransitionGuide-2011-04-EN.pdf
Notable cases
• Charter:
• CF .v Alberta, 2014 ABQB 237
• XY .v Ontario (Minister of Government and Consumer Services), [2012] OHRTD No 715, 2012 HRTO 726
• Human Rights Code
• Vancouver Rape Relief v. BC Human Rights2000 BCSC 889 (CanLII)
• Kavanagh v. Canada (Attorney General), [2001] CHRD No. 21 at para 135 (sex and disability);
• Sheridan v. Sanctuary Investments Ltd. (B.J.’s Lounge), [1999] BCHRTD No. 43 a para 97 and 110 (sex and disability)).
• Cunningham c CB (sex)
