Yesterday, December 20th, was the Trans Day of Remembrance, when members of the global and national trans communities commemorate those local fallen to transphobic violence and homicide.

In Canada, it coincided with a transgender anti-discrimination law reform initiative. This has some relevance here. While former Clark administration Solicitor-General Michael Cullen produced a Crown Law Office opinion that indicates that ‘gender identity’ can be read into existing antidiscrimination protections against gender discrimination on the basis of employment, accomodation, goods and services, the Human Rights Commission and many local trans activists aren’t so sure. Added to which, for once, Australia has pipped us on an LGBT issue of significance- gender identity is covered in all their state and territory antidiscrimination laws as a distinct seperate ground now.

In Ontario New Democratic MPP Cheri DiNovo reintroduced her private member’s bill to amend the province’s antidiscrimination laws to include gender identity discrimination within its ambit. This is the second time that MPP DiNovo has introduced her bill.  Two prior federal NDP attempts were frustrated by Canadian federal political instability. In Canada, only the Northwest Territories and City of Toronto include trans communities within antidiscrimination laws, although Ontario’s Human Rights Commission has recommended that that province should do so.

“I’m tabling this again, for a second time. I’m sorry in a sense that I have to, [and] that this is not law already,” said DiNovo at a press conference on Nov 19. “This time we hope the government acts.”

She’s not alone. At the federal level, NDP MP Bill Siksay has tried three times to amend the Canadian Human Rights Act to include explicit protection for trans people. His first two attempts failed because Parliament was dissolved or prorogued before the bill could be debated. DiNovo first introduced her bill in March 2007, and it died without being heard before the 2007 Ontario election.

As for public funding of reassignment surgery, Ontario restored theirs (2007) while backward western Alberta cut theirs, earlier this year, and Manitoba’s NDP  provincial government decided against funding it.

Plus:  Coincidentally, the Advocate has similarly addressed the issue of the US Employment Non-Discrimination Act and its ambivalence about inclusion of gender identity. At the same time, there’s a sobering piece on transwomen inmates and male prisons. They find it difficult to access hormone therapy, have bras treated as contraband and have to battle for private showers and toilet facilities. Given the absence of trans-inclusive state antidiscrimination laws, transpeople may often be forced into criminal activity related to exclusion from social services, housing and employment.

Recommended:

Brent Creelman: “Ontario MPP reintroduces trans rights bill” Xtra Canada: 19.11.09: http://www.xtra.capublic/National/Ontario_MPP_reintroduces_trans_rights_bill-7886.aspx

http://www.transhumanrightscampaign.ca

http://www.rainbowhealthnetwork.ca

http://www.transgenderdor.org

http://www.advocate.com