Human rights in Canada

Trans, Two-Spirit and Nonbinary (TTNB) youth, like all other Canadians, have the right to live their lives free from discrimination, harassment, and violence. Human Rights legislation in every Canadian jurisdiction covers discrimination on the basis of gender identity or expression.

Provincial and territorial human rights laws cover things like education, healthcare, and access to stores or community services:

The Canadian Human Rights Act covers federally regulated enterprises, like the military, the post office, and airports:

Human rights agencies have resources that explain discrimination and what you can do if someone discriminates against you. Becoming familiar with human rights laws and resources can help you uphold the rights of others and know when you can file a complaint with the human rights agency in your province or territory.

Healthcare rights

TTNB youth have the right to be treated with dignity and respect when accessing healthcare. This right is enshrined in provincial and territorial human rights legislation.

All people accessing healthcare are entitled to have their rights respected. This means a healthcare provider should not refuse to care for someone because they are TTNB or based on any other part of their identity protected under the human rights code, such as:

Healthcare providers may decline to provide care if it is outside their expertise. This means that refusing to provide a specific form of care for someone who is disabled, TTNB, or pregnant may be allowed.

Since healthcare is regulated by the provinces and territories, rights vary slightly depending on where a person lives or is accessing care. In this section, general information about healthcare rights is provided. Find out more about your specific rights search for information on healthcare rights in your province or territory from reputable organizations.

Privacy and confidentiality

Privacy is the right of an individual to choose whether to share their personal information. For example, you may be uncomfortable answering some questions asked by a healthcare provider and can choose to keep that information private. Healthcare providers should only ask for information they need to know to provide care. You can ask a healthcare provider to explain why the information is necessary and how it will be used. You can decide what information to share and what to keep private.

Confidentiality refers to a responsibility of professionals, like healthcare providers, not to share information, including personal health information, without your permission. There are some exceptions to confidentiality, including:

A healthcare provider should not share confidential information without a patient’s consent. There is no way to take information back once it has been shared.

If you are concerned about confidentiality, especially about information being shared with your parents/guardians, it is a good idea to clarify confidentiality policies in advance with your healthcare provider.

If your information has been shared without your consent, you can address this in two ways. You may decide to approach your clinician directly with your concern and/or file a formal complaint with the healthcare provider’s employer, regulatory body and/or the Privacy Commissioner in the province or territory where it happened. In some circumstances, it may be possible to sue the person who disclosed personal information, if the patient can prove damages.

Medical records

Medical records must be stored securely so that only the people who need them to provide or bill for care can access them. Patients need to give permission for their medical records to be shared. Healthcare providers are generally required to store patients’ medical records for between five and sixteen years (depending on the province or territory) after they stop providing care to that patients, or two to ten years after the patient becomes an adult.

Your healthcare records belong to you. Patients have the right to request a copy of their medical records, either to review themselves or to be transferred to another provider. Healthcare providers can only legally refuse to share information from a medical record with a patient if they believe that it will cause significant harm to the patient or another person.

The costs of accessing or transferring medical records are not covered by provincial health insurance, and healthcare providers may charge a “reasonable” fee for this service.

In some places, there is a policy stating how long physicians can take to provide access to or transfer a medical record. For example, in Ontario, the limit is 30 days. Patient requests for medical records should be responded to in a timely manner, and a healthcare provider’s college (like the College of Physicians and Surgeons of their province or territory) can be contacted if there is a delay.

Personal information that could identify you, but which is not necessarily about your health, is also protected by privacy laws. Generally, you have a right to know why your information is collected, what it will be used for, what information an organization has about you, and who to contact to answer your questions about your information.

Organizations that hold your information have a legal obligation to keep accurate records. This includes the obligation to update changes to your name and gender marker. Complaints about how your personal information is collected, used, or shared go to the Privacy Commissioner in the province or territory where an issue occurred. In some circumstances, it may be possible to sue the person who disclosed personal information, if the patient can prove damages.

Names, pronouns, and gender markers

All people have the right to be referred to by the correct name and pronouns when accessing healthcare resources, services, and spaces. These rights are protected for people of all ages, including youth. Youth who use a name that does not match their legal name can request that providers include this information in their file, for example, in an electronic medical record. Legal names and sex/gender markers may be required for billing health insurance plans.  

Sometimes mistakes may happen. If the wrong name or pronouns are being used, you can advocate for yourself by:

Consent, capacity, and assent

Healthcare providers are required to obtain consent (permission) before providing medical treatment. There are some exceptions, for example, when someone is unconscious and requires emergency treatment.

Consent for any kind of healthcare, including gender-affirming care, must be given by someone who is:

Capacity is evaluated based on a person’s ability to:

Adults are generally assumed to have capacity to make their own healthcare decisions. A court could decide that a person has lost capacity, for example, because of a medical or mental health condition.

Young people develop the capacity to make decisions about healthcare over time. Some people have the capacity to make decisions about some medical interventions but not others. For example, a person may be able to consent to some health care decisions (like getting a vaccine), but not others (like having surgery). It is up to the healthcare provider treating the patient to determine whether a person has capacity to make a specific decision about their own healthcare

Laws about when minors can make their own healthcare decisions and keep health information confidential from their parents/guardians vary by province and territory. If the legal requirements regarding age and capacity to consent are met, the youth is the person who legally consents to treatment.

Some specific provincial and territorial requirements include:

If a minor youth does not have capacity to consent, consent must be given by a proxy decision maker, such as a parent or legal guardian. In these situations, the youth must give assent, or permission, for the treatment.

Support from parents/guardians may be helpful when accessing gender-affirming medical interventions. The WPATH Standards of Care, Version 8, recommend “parent(s)/guardian(s) [are involved] in the assessment and treatment process, unless their involvement is determined to be harmful to the adolescent or not feasible.” Many clinicians in Canada follow this recommendation, which means they generally involve parents or guardians in the care they provide.

If you are concerned about having your parents/guardians involved in your care, discuss this with your healthcare provider. You may wish to discuss your concerns before disclosing your gender to your provider. For example, you could say “I have something that I’d like to discuss with you that I am not comfortable having shared with my parent(s). What is your policy about this?”

Youth can have capacity to make a healthcare decision and to decide who gets to know about the care they receive. Parents do not have an automatic right to know everything about a youth’s health. Youth do not have to share their health information with a parent or guardian if they can consent to the healthcare and want to keep it private. This is true for all healthcare, including record-keeping about gender-affirming care.

Refusal (Denial) of Care

Sometimes a healthcare provider will not have the necessary education or training to provide certain services, including gender-affirming medical interventions. There are many healthcare providers who are open to learning more about gender-affirming care. However, healthcare providers can decline to provide interventions they do not feel knowledgeable enough about to provide adequately or safely. Healthcare providers should offer a referral to another clinician if they cannot provide the care you need.

Sometimes TTNB people are discriminated against on the basis of their gender identity or expression when trying to access healthcare. If you are refused any kind of healthcare because you are TTNB, you may want to get advice about your human rights or file a complaint with the healthcare facility or the college that regulates the healthcare provider.

Some healthcare providers may offer gender-affirming care but not follow established clinical guidelines. For example, they may have more requirements people need to complete to access care than guidelines recommend. This is not illegal, but patients can advocate for themselves by asking that their healthcare provider follow the WPATH Standards of Care (Version 8) or requesting a referral to another healthcare provider who follows these guidelines.

It is important to note that conscientious objection policies may allow healthcare providers to refuse to provide medical treatment if it goes against their religious or moral beliefs. For example, some healthcare providers refuse to offer abortion services or medical assistance in dying. Youth who encounter healthcare providers who use these policies to refuse gender-affirming medical interventions may need to seek out a new healthcare provider. In these circumstances the healthcare provider should be able to refer you to another person who can provide that care.

Please see the advocacy section for information on filing formal complaints.

Bringing a Support Person

You are generally allowed to bring a support person to appointments. This person may be able to remain with you throughout an appointment and provide support by taking notes, asking questions, and or/advocating for your needs. There may be times when a support person is not allowed, such as if that person is sick. Accessibility laws, such as the AODA in Ontario, may provide additional protection for people with disabilities who require a support person for accessibility reasons.

Bringing a support person can make accessing healthcare safer, easier, and more comfortable for many people. If you are interested in bringing a support person with you to an appointment, you can contact the health care provider’s office before the appointment to say you would like to bring a support person with you, and to find out if there are any parts of your appointment when your support person will not be allowed to stay with you.

Workplace Rights

TTNB youth have the right to be treated with dignity and respect at work. This right is enshrined in provincial and territorial human rights legislation.

Every workplace in Canada is covered by human rights legislation which should protect you from discrimination on the basis of sex, gender identity or gender expression, sexual orientation, and many other grounds. Human rights protection is for everyone, not just permanent residents of Canada or Canadian citizens.

For TTNB workers in Canada, this means you have a right to wear clothes and to use the bathroom or changeroom that fits with your gender. You have a legal right to use your chosen name and pronouns at work. Nobody should be allowed to call you names or treat you differently because you are TTNB.

You can put the name you use on a job application and your resume (regardless of whether it is your legal name), and you have a right to decide what name to use at work. However, your legal name is usually required for payroll once you are hired. If your legal name is different from the name you use, an employer may learn that you are TTNB. This information is personal and should remain confidential.

There are many TTNB-inclusive employers across Canada. Finding the right employer might mean being proactive by learning about policies and practices before applying for jobs. You can choose what details you disclose about your gender during the application or interview process depending on your comfort level.

People at work should not out you or reveal anything personal about you unless it is required for a valid reason (for example, to pay you).

Fair treatment

In addition to legal rights, employers often have policies about harassment and discrimination. These policies generally define harassment and discrimination, outline roles and responsibilities of staff, and provide information about steps to take if discrimination occurs in the workplace. Workplaces may share information about their policies during the onboarding process for a new position. You may also may be able to request these policies from your supervisor, manager, or human resources department. 

Some workers in Canada are protected by a union contract called a collective agreement. This sets out additional protections that might apply to you. It is important to know if you are in a union. You are entitled to have a copy of the collective agreement that covers you and to know how to contact your union. It is illegal to prevent workers from talking about or joining a union. For information about union rights, contact the federation of labour in your province or territory.

If you experience unfair or discriminatory treatment in the workplace, there are various steps you can take:

Keep careful records of any incident immediately after it happens, including the facts, the date and place, and the names of people who were present. You might need this information later.

Rights in School

TTNB youth have the right to be treated with dignity and respect at school. This right is enshrined in provincial and territorial human rights legislation.

Students have the right to be addressed by the name and pronouns they choose, to use washrooms and change rooms in which they feel most comfortable (boys, girls, gender neutral), and to play on sports teams which align with their gender.  Youth cannot be required to use a separate room away from other students but may choose to do so if that is where they feel most comfortable.

Specific laws and policies about privacy in primary and secondary school vary by province, territory, and school board. For example, some provinces, territories and school boards may have policies that prevent school staff from disclosing information about students’ sexual orientation and/or gender identity without their consent, including to parents and guardians. Some do not. In some provinces, new laws have been proposed that restrict TTNB youth rights in schools. Some school boards or individual schools may have rules against having certain books in school libraries or student groups, such as gender-sexuality alliances (GSAs). These are probably Illegal because they conflict with human rights and rights under the Canadian Charter of Rights and Freedoms. Advocacy groups are working to challenge laws that discriminate against TTNB students, but until they do, it is important to be aware of the current laws where you live and know what your rights are.

Guidance counsellors and other support people in schools should be able to tell the you what confidentiality policies are in place. You can ask for information about what things are confidential, and what might be shared with parents or guardians. You may be able to find more information about the laws and policies that affect your school by researching laws in your province/territory or the policies of your specific school board. A trusted adult at school or a local organization that supports 2SLGBTQ+ youth may be able to provide information.

Standing up for your rights

TTNB youth can advocate for their rights in school. This may include standing up against discrimination, bullying, harassment, and violence. It may be helpful to find allies within or outside of the school to help you advocate for your rights. For example, some schools or school districts may have a person designated to support TTNB students. Trusted teachers, counsellors, or other supportive staff may be able to support TTNB youth who have been mistreated. Tell an adult that you trust about what is happening to you.

For elementary and secondary students, some issues may be dealt with within the school. For example, if you are being bullied, or a teacher is not respecting your names or pronouns, there are a variety of options to address this issue. Depending on your comfort level, you may choose to speak to the teacher, a guidance counsellor, or principal directly or reach out to a trusted ally within the school for support to discuss the problem with administration. If the principal and school do not address the issue and you wish to pursue a complaint against the school, often the next steps are to speak with the school Superintendent and elected School Board Trustee.

If you are a post-secondary student, you may be able to get support from an instructor, TTNB student group, student union, school ombudsperson, and equity and inclusion offices. If you continue to experience discrimination, you should get advice about filing a Human Rights Complaint.

Resources

Canadian Paediatric Society. (2018). Medical decision-making in paediatrics: Infancy to adolescence. Paediatrics & Child Health, 23(2), 138–146. https://doi.org/10.1093/pch/pxx127 

Government of Canada. (2022, September 15). Rights in the workplace. Canadian Heritage. https://www.canada.ca/en/canadian-heritage/services/rights-workplace.html

Government of Canada, C. C. for O. H. and S. (2023, June 13). CCOHS: Workers’ compensation boards in Canada. https://www.ccohs.ca/oshanswers/information/wcb_canada.html

Hunter, A. (2023, October 20). Sask. government passes Parents’ Bill of Rights. CBC. https://www.cbc.ca/news/canada/saskatchewan/sask-parental-rights-law-1.7002088

Justice Trans: https://justicetrans.org/en/

Legislative Services Branch. (2023, June 22). Consolidated federal laws of Canada, Canadian Human Rights Act. https://laws-lois.justice.gc.ca/eng/acts/h-6/FullText.html

Ministry of Education. (2017, November 3). Sexual Orientation and Gender Identity (SOGI) in schools. BC Gov News. https://news.gov.bc.ca/factsheets/sexual-orientation-and-gender-identity-sogi-in-schools

Ontario Human Rights Commission. (n.d.-a). Anti-harassment and anti-discrimination policies. Retrieved January 8, 2024, from https://www.ohrc.on.ca/en/policy-primer-guide-developing-human-rights-policies-and-procedures/5-anti-harassment-and-anti-discrimination-policies

Ontario Human Rights Commission. (n.d.-b). Preventing and responding to discrimination. Retrieved January 8, 2024, from https://www.ohrc.on.ca/en/policy-preventing-discrimination-because-gender-identity-and-gender-expression/13-preventing-and-responding-discrimination

Ontario Human Rights Commission. (n.d.). The duty to accommodate. Retrieved March 4, 2024, from https://www.ohrc.on.ca/en/policy-preventing-discrimination-because-gender-identity-and-gender-expression/8-duty-accommodate

The Canadian Bar Association. (n.d.). Sexual orientation, gender identity and gender expression. https://www.cba.org/Publications-Resources/Practice-Tools/Child-Rights-Toolkit/theChild/Sexual-Orientation-Gender-Identity-and-Gender-Expr

Trans Rights BC: https://www.transrightsbc.ca/