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Sex

The Code does not specifically define the ground of “sex,” but the OHRC considers it to be related to a person’s biological sex, male or female. Men and women receive equal protection under this ground. The ground of “sex” also includes a broader notion of “gender,” which can be described as the social characteristics attributed to each sex.

The Code protects men and women from harassment and discrimination, including assumptions about their abilities that result from stereotypes about how men and women ”should” behave, dress or interact. The right to equal treatment without discrimination because of sex also applies to pregnancy.

Relevant policies: 

  1. End segregation, says Ontario Human Rights Commission

    March 7, 2016

    by Renu Mandhane

    In 2007, Ashley Smith died in federal custody in Kitchener, Ont., after spending extended periods of time in segregation (or solitary confinement). In 2010, Edward Snowshoe died by suicide while in custody in Edmonton, Alta., after spending 162 days in segregation. These cases have become emblematic of the incredible problems with the continued use of segregation in prisons.

  2. “Unfounded” – a human rights issue

    February 16, 2017

    Robyn Doolittle’s ground-breaking investigation “Unfounded” exposes how police services across Canada are “ill-equipped or unwilling to investigate sexual assault cases” with nearly 20% being dismissed as “unfounded.” At one point in the story, Doolittle asks police to explain the disproportionate “unfounded” rates. She is told by the police that the explanation might lie in coding errors or misclassification of cases, but we know that there are more factors at play. With “unfounded” rates of 19% across Canada and as high as nearly 60% in some jurisdictions, part of the answer must also lie in systemic bias against women – which is a human rights issue.

  3. New OHRC report says sexualized dress codes “not on the menu”

    March 8, 2017

    To coincide with International Women’s Day, the Ontario Human Rights Commission (OHRC) has released a new report that outlines commitments made by many of Ontario’s largest and most well-known restaurant chains to eliminate discriminatory dress codes for restaurant staff. Not on the Menu: Inquiry report on sexual and gender-based dress codes in Ontario’s restaurants outlines findings from an inquiry into dress codes at certain restaurants operating across Ontario.

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