Status of Women Committee
Access & Equity & Human Rights
City of Toronto
 

City's Plan of Action

1/ What priorities should the City's Plan of Action address to eliminate racism and  all forms of discrimination?
 
Focus on the inclusion of transsexual women into women's services and organizations
(i.e. women's homeless shelters).

Focus on providing the access component of access & equity & human rights.

2/ How should we respond to these priorities?  What actions should various sectors  and other orders of government take?
 
Status Report Recommendation #69 - That the City require all organizations receiving City grants to demonstrate their commitment to access and equity.

All grants recipients are required to follow anti-racism, access and equity guidelines approved by Council in December 1998.

Re: Status Report Recommendation #69 – That the City of Toronto withold funding from organizations that exclude transsexual women from obtaining services, volunteer, or employment.

Status Report Recommendation #9 - That the City provide sensitivity and awareness training and materials on access, equity and human rights issues to all persons involved with the municipal structure, including elected officials, emergency services personnel, staff, contractors and persons appointed to city committees.

Departments - Toronto Public Health, Parks and Recreation, Shelter, Housing & Support

Status Report Recommendation #88 – That the Government of Ontario be requested to provide resources for education, transportation, housing, etc., to improve the status of human rights protected groups.

Re: Recommendation #88  – That the City of Toronto request that the Ministry of Health of the Government of Ontario reinstate OHIP coverage for sex reassignment surgery for transsexual people.

Further Recommendation – That the City of Toronto amend the terms 'homophobia' to read, 'homophobia and transphobia' and 'sexual orientation' to read, 'sexual orientation and gender identity' in all reports and literature produced by the City.
 

3/ How can the City help build community capacity and support participation in  the social, cultural, recreational, economic and political life of Toronto?

Status Report Recommendation # 51 - That the City establish 'mentoring' and 'job demonstration' programs to help individuals from groups who face barriers gain work experience, and that the City encourage and recognize employees who act as volunteers for these programs.

Re: Recommendation # 51 - Create, in consultation with the transsexual community, a transsexual mentorship program where transsexual people are able to develop job skills, training, and employment references.

Departments - Parks and Recreation, Toronto Public Libraries, Shelter, Housing & Support

4/ How can the City work with the community to evaluate progress towards  eliminating racism and all forms of discrimination?

Appoint an Access and Equity ombudsperson to evaluate, in consultation with the community, progress on the Implementation of the Recommendations of the Final Report of the Task Force on Community Access and Equity

5/ What would a city that has eliminated racism and discrimination look like?

When an individual is able to transition to live as a female without enduring harassment and discrimination.

When a transsexual woman is able to obtain the essential support of services from women's organizations.

When transitioning is a simple moment in a transsexual woman's life and not an event that sends service providers and policy makers running from their responsibility to accommodate.

Evidence

'[93] In my view, given the large and liberal interpretation which the Supreme Court of Canada has emphasized must be applied to human rights legislation, I am satisfied that discrimination against a transsexual constitutes discrimination on the basis of sex.  Whether the discrimination is regarded as differential treatment because the transsexual falls outside the traditional man/woman dichotomy (as in P v S., supra), or because male-to female transsexuals are regarded a subgroup of females (and vice versa) (as in Maffei, supra), the result is the same: transsexuals experience discrimination because of the lack of congruence between the criteria which determine sex.

[94] Therefore, I conclude that discrimination against a transsexual constitutes discrimination because of "sex".'
(Sheridan vs. Sanctuary Investments Ltd., BC Human Rights Tribunal, 1996. p.3).

Gender identity included as a protected ground in the 'City of Toronto Human Rights and Harassment Policy and Procedures' approved by City Council, December 17, 1998 (p.2).

Accommodation

Equality Rights – The public use of the women's facilities (washrooms, showers, sleeping quarters) with minimal disruption and discomfort to the transsexual woman.  Privacy concerns can be addressed through the use of curtain or other device. Preserving the dignity of the transsexual woman is a priority.

Special Needs – The option of using a separate facility might be made available upon request by the transsexual woman and should be implemented only when deemed essential for the transsexual woman's comfort.  For example, in early transition, before an individual has achieved an acceptable female presentation that is accepted by others, the transsexual woman might request a separate facility for changing and showering after exercising at the gym.
 

'Implications of Human Rights Rulings for Women's Organizations

The trend in these decisions indicate that:
* trans-women in the process of a medical transition are protected from discrimination on the basis of sex and/or disability
* trans-women are entitled to be treated as women and to use women's services and facilities, including bathrooms and change rooms
* trans-women are entitled to volunteer with, and provide services in, women-only organizations
* women's organizations cannot discriminate against trans-women in employment, service-provision, or any other area protected in the Code
* women's organizations have a duty to develop policies that accommodate the needs of trans-women
* excluding particular groups of women, without individual assessment and accommodation, may be discriminatory
* the preference, or discomfort, of others is not a good reason to discriminate
* women's organizations have the same responsibility as any other service or workplace not to discriminate and are just as vulnerable to human rights complaints

(Trans Inclusion Policy Manual - For Women's Organizations, Trans Alliance Society, 2002, p.62)
 

'Complaints related to gender identity are made almost exclusively by transgenderists and transsexuals.  There are, arguably, few groups in our society today who are as disadvantaged and disenfranchised as transgenderists and transsexuals.  Fear and hatred of transgenderists and transsexuals combined with hostility toward their very existence and fundamental human rights issues.  As the organization responsible for the administration and enforcement of the Code, the Commission is in a unique position to forward the policy that the dignity and worth of every person be recognized and that equal rights and opportunities be provided without discrimination because of gender identity.  Mr. Justice Sopinka once noted: Human rights legislation is amongst the most pre-eminent category of legislation.  It has been described as having a 'special nature, not quite constitutional but certainly more than the ordinary...' (Ontario Human Rights Commission v. Simpsons - Sears Ltd., [1985] 2 S.C.R. 536, at p.547).  One of the reasons such legislation has been so described is that it is often the final refuge of the disadvantaged and the disenfranchised.'
(Policy on Discrimination and Harassment because of Gender Identity, Ontario Human Rights Commission, 2000. p.1,2).
 

Sincerely,
 
 
 
 

Susan Gapka
June 13, 2002
gapka_gp@yahoo.com
416-760-2776