Gender Expression To Be A Protected Human Right Under Proposed Amendments To The Manitoba Human Rights Code

The Human Rights Code (the "Code") of Manitoba prohibits discrimination in employment and services on the basis of various protected characteristics, including age, disability, religion and sex.

Recently, the provincial government introduced Bill 43, The Human Rights Code Amendment Act, which proposes to amend the Code to include "gender expression" as a protected characteristic.

"Gender expression" is not defined in the Code or Bill 43. However, the Manitoba Human Rights Commission (the "Commission") has stated that gender expression is the way a person presents and communicates gender. Gender can be expressed through clothing, speech, body language, hairstyle or voice, amongst other ways. The Commission has further stated that gender can be expressed by emphasizing or de-emphasizing bodily characteristics or behaviours that are associated with masculinity and femininity.