Welcome to JFCY’s Legal Wiki which provides information about the legal rights of children and youth in Ontario. Click here to download this information from our Publications page. Please contact us if you have any questions or trouble finding the information that you seek. You should speak to a lawyer for legal advice since laws often change.
LGBTQI2S Legal Rights
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What does LGBTQI2S discrimination look like?
Discrimination may be based on one’s real or perceived identity and membership within LGBTQI2S communities.
The Code protects against discrimination on many “grounds”, including:
- Sexual orientation
- Gender identity
- Gender expression
For example, the Code says it’s illegal for you to be fired from your job or harassed at work because you are gay. The protected social area is employment and the protected ground is sexual orientation.
What does “Gender Identity”, “Gender Expression” and “Trans/Transgender” mean?
Gender Identity is each person’s internal and individual experience of gender.
Gender Expression is how a person publicly presents their gender.
Trans or Transgender is an umbrella term referring to people with diverse gender identities and expressions that differ from stereotypical gender norms.
Some examples of discrimination against Trans-identified persons on the basis of their gender identity and/or gender expression:
- When someone purposefully chooses to not use the gender pronouns that correspond to, or best meet the needs of, your gender identity as you have requested. For example, refusing to switch from “she” to “he” when you have told them that you identify as a boy/man, and that “he/him” are your identity-affirming pronouns; or, using a dehumanizing pronoun such as “it” to refer to you.
- When an individual refuses to use your chosen, identity-affirming name and purposefully insists on referring to you with your birth-assigned name.
- Removing or banning you from a gender segregated space that best aligns with, or best meets the needs of, your gender identity and/or gender expression. Such as forcing you to use the washroom designated for boys/men because of your birth assigned-sex, despite affirming your gender identity to be that of a girl/woman; or forcing you to use a gender neutral washroom when you have clearly told them that you feel most safe, and comfortable using the washroom that aligns with your gender identity.
- Purposefully outing you as transgender without your consent or permission to do so.
- Harassment can include being “teased” about personal, confidential information as it relates to transgender identities in ways that does not respect your privacy or in ways that are inappropriate; such as being teased about whether or not you’ve undergone a sex change operation, or by asking if you are “all female” or “all male”.
- Forcing the gender binary on you (in other words, refusing to acknowledge your non-binary identity as real and valid) even after you tell them that you identify outside of the gender binary. For example, purposefully refusing to use gender neutral pronouns when you have requested that they do so.
Where can I get more information?
Visit the Ontario Human Rights Commission website:
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Youth Criminal Justice
The Youth Criminal Justice Act (YCJA) provides unique rights and procedures for young people between the ages of 12 - 17 who are charged with a criminal offence in Canada.
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Education
Going to school is a legal requirement for young people between the ages of 6 and 17. The Education Act gives parents and children specific rights in the publicly funded school system.
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Leaving Home
In Ontario, you can choose where you live when you are 16 years old. The decision to leave is often not easy and can lead to difficulties in getting all your belongings, having enough money to support yourself and attending school.
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Health & Mental Health
Become informed about your legal rights when it comes to decisions about your healthcare and mental healthcare treatment. This includes any procedure carried out or prescribed by a health practitioner to diagnose or treat a physical or mental health condition.
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Discrimination and LGBTQI2S Rights
The Ontario Human Rights Code protects you from discrimination on many grounds and in many social areas. Specific legal concerns raised by youth identifying in LGBTQI2S communities are about GSAs, Trans and Gender Inclusive Spaces and changing their ID.
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Human Rights Protection
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Making a Claim
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LGBTQI2S Legal Rights
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What does LGBTQI2S discrimination look like?
Discrimination may be based on one’s real or perceived identity and membership within LGBTQI2S communities.
The Code protects against discrimination on many “grounds”, including:
- Sexual orientation
- Gender identity
- Gender expression
For example, the Code says it’s illegal for you to be fired from your job or harassed at work because you are gay. The protected social area is employment and the protected ground is sexual orientation.
What does “Gender Identity”, “Gender Expression” and “Trans/Transgender” mean?
Gender Identity is each person’s internal and individual experience of gender.
Gender Expression is how a person publicly presents their gender.
Trans or Transgender is an umbrella term referring to people with diverse gender identities and expressions that differ from stereotypical gender norms.
Some examples of discrimination against Trans-identified persons on the basis of their gender identity and/or gender expression:
- When someone purposefully chooses to not use the gender pronouns that correspond to, or best meet the needs of, your gender identity as you have requested. For example, refusing to switch from “she” to “he” when you have told them that you identify as a boy/man, and that “he/him” are your identity-affirming pronouns; or, using a dehumanizing pronoun such as “it” to refer to you.
- When an individual refuses to use your chosen, identity-affirming name and purposefully insists on referring to you with your birth-assigned name.
- Removing or banning you from a gender segregated space that best aligns with, or best meets the needs of, your gender identity and/or gender expression. Such as forcing you to use the washroom designated for boys/men because of your birth assigned-sex, despite affirming your gender identity to be that of a girl/woman; or forcing you to use a gender neutral washroom when you have clearly told them that you feel most safe, and comfortable using the washroom that aligns with your gender identity.
- Purposefully outing you as transgender without your consent or permission to do so.
- Harassment can include being “teased” about personal, confidential information as it relates to transgender identities in ways that does not respect your privacy or in ways that are inappropriate; such as being teased about whether or not you’ve undergone a sex change operation, or by asking if you are “all female” or “all male”.
- Forcing the gender binary on you (in other words, refusing to acknowledge your non-binary identity as real and valid) even after you tell them that you identify outside of the gender binary. For example, purposefully refusing to use gender neutral pronouns when you have requested that they do so.
Where can I get more information?
Visit the Ontario Human Rights Commission website:
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GSAs & LGBTQ-Specific School Groups
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Trans-Inclusion & Gender Segregated Spaces
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Government-Issued Identification
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Provincial Offences
You can be given a ticket for breaking a provincial law if you are over the age of 16. Some of the common laws that young people are given tickets for is covered in this section.
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Family: Discipline, Children's Aid Societies, Parenting and Contact Orders
In family law, the rights of children are unique. Become informed about going into and being in the care of a Children's Aid Society, when parents can assault you (corporal punishment / spanking exemption to assault), and your right to be heard when your parents are splitting up.
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Immigration & Refugee
JFCY's Childhood Arrivals and Support & Advocacy Program (CASA) provides services to young people who arrived in Canada as children and are living in Ontario without immigration status.
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Homeless Youth Over 18
Street Youth Legal Services (SYLS) is a program that provides information and services for homeless youth between the ages of 16 - 25. These are some of the common issues that the SYLS lawyer is asked about.