1/ In order to try and understand if women have any sex based rights to single sex provisions in Canada. I have been looking at the human rights acts in Atlantic provinces and how their human rights commissions interpret them and found some of the following:
2/in NL the act was amended Dec 2013 to include gender identity and expression
Before that as in all of Canada any claims were under the ground of sex
In their glossary they define sex/assigned sex as the classification as male, female or intersex based on biological attributes
Before that as in all of Canada any claims were under the ground of sex
In their glossary they define sex/assigned sex as the classification as male, female or intersex based on biological attributes
3/ NL states that according to Canadian case law Sheridan v Sanctuary Investments (no.3 1999), Trans individuals must have safe access to facilities consistent with their gender expression.
4/ NB amended their act May 2017 to include gender ID and expression (again prev. covered under sex)
Their glossary defines Sex to mean gender including gender identity and gender expression.
Their glossary defines Sex to mean gender including gender identity and gender expression.
5/NB guidelines state it is illegal for Employers and services to the public to prohibit or restrict a trans person from using the wash/changing room that aligns with their gender ID or to refuse to refer to a trans person by their preferred name or pronoun.
6/ NB FAQ
25) Can trans women be denied access to women’s only spaces or services? Ex. Shelters, spas, gyms, etc.
No, they are women.
25) Can trans women be denied access to women’s only spaces or services? Ex. Shelters, spas, gyms, etc.
No, they are women.
7/ NB advise for all schools
However, a trans person cannot be required to use a separate washroom or change facility from everyone else if they wish to use the one that corresponds to their gender identity. To provide an inclusive environment for
everyone, ...
However, a trans person cannot be required to use a separate washroom or change facility from everyone else if they wish to use the one that corresponds to their gender identity. To provide an inclusive environment for
everyone, ...
8/…
businesses and organizations are encouraged to explore providing unisex washrooms, and privacy curtains or barriers in locker rooms and change rooms for all
employees, customers and others on site...…..
businesses and organizations are encouraged to explore providing unisex washrooms, and privacy curtains or barriers in locker rooms and change rooms for all
employees, customers and others on site...…..
9/...
Concerns that others will be uncomfortable sharing facilities with a trans person is insufficient to amount to undue hardship.
Concerns that others will be uncomfortable sharing facilities with a trans person is insufficient to amount to undue hardship.
10/NB a little hope with this one
3) Can a patient in a hospital or a client in a nursing home request that the employee providing them with personal care be the same sex as the patient or client. although see their Sex definition above...
3) Can a patient in a hospital or a client in a nursing home request that the employee providing them with personal care be the same sex as the patient or client. although see their Sex definition above...
11/.... Yes. An individual can request personal care based on their sex. The service provider has a duty to provide reasonable accommodation to the patient or client. The duty to accommodate the client outweighs the rights employees.
12/ PEI their act covers Sex and Gender as the same ground of discrimination.
Sex refers to a person's biological sex as well as gender. their policy is to include transgendered/sexual. it is not clear what they exactly mean by sex but allow some exceptions.
Sex refers to a person's biological sex as well as gender. their policy is to include transgendered/sexual. it is not clear what they exactly mean by sex but allow some exceptions.
13/cont. Rental Accommodations
The Act permits some rental accommodations to be restricted to individuals of the same sex, such as a university dormitory or a rooming house.
The Act permits some rental accommodations to be restricted to individuals of the same sex, such as a university dormitory or a rooming house.
14/ Genuine Occupational Qualification
There may be some employment positions where being of a certain sex is a genuine occupational qualification A women’s rape and sexual assault crisis centre may require a female counsellor to assist female clients.
There may be some employment positions where being of a certain sex is a genuine occupational qualification A women’s rape and sexual assault crisis centre may require a female counsellor to assist female clients.
15/ PEI other guidelines state.
Every Person has the right to be called by their chosen name and pronoun and has the right to use wash/changing rooms and other sex segregated services which reflect their gender ID.
Every Person has the right to be called by their chosen name and pronoun and has the right to use wash/changing rooms and other sex segregated services which reflect their gender ID.
16/ PEI, Every trans athlete has the right to compete on the team which reflects their gender ID
17/ NS, their act was amended Dec 2012 to include Gender ID and expression. Their Glossary defines Sex as the Biological and physiological characteristics by which men and women are defined.
whilst Transgender is A term used for a variety of individuals, behaviors ….
whilst Transgender is A term used for a variety of individuals, behaviors ….
18...... centered on the partial or full reversal of gender roles Transgendered people may have a partial or completely opposing gender identity from that which they were assigned at birth. To understand this, one must understand the difference between …..
19/….. biological sex, which is one's body (genitals, chromosomes), and social gender, which refers to levels of masculinity and femininity. Often, society views sex and gender as the same thing, but they are not.
20/ in short it looks like women in Canada are no longer able to define their own sex as it now includes Trans gender ID. And no longer have the right to sex segregated facilities/ services. and that transwomen are women (see 6)
