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ARTICLE · 28 JULY 2017

Words Matter: Protection From Discrimination And Hate Expressly Extends To "Gender Identity Or Expression"

Employers are increasingly taking pride in their support of gender diversity in their workplaces.

CanadaEmployment and HR

On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, took effect, amending both the Canada Human Rights Act and the Criminal Code of Canada to expressly extend protection against both discrimination and hate crimes based on "gender identity or expression". Practically, the addition of these specific terms will make little legal difference: Canadian courts, adjudicators, tribunals and arbitrators have interpreted the protections based on "sex" (or in some cases, "sexual orientation") to include gender identity and/or expression in any event. But words matter: in those of Gandhi, "Your beliefs become your thoughts, Your thoughts become your words, Your words become your actions, Your actions become your habits, Your habits become your values, Your values become your destiny." The federal government states its motivation for Bill C-16 is its belief that it's, "time for Parliament to affirm the rights of transgender and other

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