Toby's Act Granted Royal Assent!

The final stage in making Toby's Act the law in the province of Ontario occurred earlier this week.

As a reminder for those of you who have been following my posts concerning this north of the border trans human rights issue, Toby’s Act enshrines gender identity and gender expression into Ontario’s Human Rights Code.

Bill 33 as it was known has been a multiyear effort spearheaded by New Democratic Party MPP Cheri DiNovo for several years.  

Bill 33 had tri party support in Queen's Park in this session of the Ontario Legislature was also sponsored by Liberal MPP Yasir Naqvi, and Progressive Conservative MPP Christine Elliott.

It passed unanimously on Third Reading last week and I discovered that it was granted Royal Assent on Tuesday by the Lieutenant Governor of Ontario.

So it's official.  Toby's Act is not only the law in Ontario, it now becomes the first province and the second jurisdiction in Canada to protect the human rights of trans people.

And just in time for pride, too.

Yo, Canada! Wonderful Week For Canadian Transpeeps

Transpeople in the Great White North have had a wonderful week and I couldn't be happier for y'all peeps north of the 49th parallel.

First came the unexpected news that the province of Alberta, a bastion of Canadian style conservatism reinstated funding in their provincial health care plan for SRS. 

That was quickly followed up on Wednesday by the unanimous Third Reading vote in Ontario for Toby's Act.  That makes Ontario the first Canadian province to pass trans human rights coverage and the second large Canadian jurisdiction after the Northwest Territories to do so..   

There's also word that similar trans positive human rights legislation is pending in the Manitoba provincial legislature after the province's.human rights code is being expanded to cover trans people. 

I also can't forget to point out that C-279, the federal trans rights bill, passed a Second Reading vote by a 150-132 margin in a Conservative dominated House of Commons chamber on June 6 with support from some Conservative MP's..

Hoping the positive trans human rights momentum keeps going for y'all    We'll certainly be watching from south of the border what happens from this point forward.

Toby's Act Passes Third Reading!

In an anti-climactic but still historic day for transpeople in Ontario, Bill 33, also known as Toby's Act unanimously passed the Ontario Legislature. 

Toby's Act had tri-party support and it capped several years of attempts starting in 2007 to pass it by New Democratic Party MPP Cheri DiNovo and local trans activists.

The wonderful news from Queen's Park followed good news on the Canadian trans activism front in Alberta and from Ottawa.

NDP MP Randall Garrison's C-279, the federal trans rights bill passed Second Reading on June 6 by a 150 to 132 vote that included several Conservative MPs.  A provincial trans rights bill similar to Ontario's is currently pending in the Manitoba legislature as well

Bill 13, an anti-bullying bill was also passed by the Ontario legislature as well.

Toby's Act is still awaiting the final step of Royal Assent before it becomes law and makes Ontario the second large Canadian jurisdiction after the Northwest Territories to confer upon its trans citizens full human rights coverage.

Toby's Act To Have Third Reading Today

Transpeople in Ontario may be on the verge of an historic event today when Bill 33, known as Toby’s Act has its third reading today.

It has already unanimously passed its second reading back in May and has support at Queen's Park from all three parties.

New Democratic Party MPP Cheri DiNovo is the author of the private member's bill and has tried three previous times since 2007 to get Toby's Act passed.

Thanks to DiNovo's determined efforts to make it happen, lobbying from local trans rights groups,that helped build tri-party support, Toby's Act may finally be on the verge of happening for the trans community of Ontario in its fourth attempt of passage.

Toby's Act will amend the Ontario Human Rights Code to add gender identity and gender expression language to it should it become law.   It would also make the province of Ontario the second jurisdiction in Canada after the Northwest Territories in which trans people have full human rights coverage.

“This is absolutely historic. This will be the first jurisdiction in North America outside the Northwest Territories to have included trans people as full citizens truly and given them human rights along with everyone else,” MPP DiNovo said on Tuesday.

“The time has come. Hats off to the trans lobbyists who been working on this for years and years,” she said of the bill known as Toby’s Act, after the late musician Toby Dancer, who led the gospel choir at Emmanuel Howard Park United Church where DiNovo ministered.

It would definitely be a welcome development for trans people in the Great White North and especially those in Ontario, and if it does happen, your trans cousins south of the border will be celebrating right along with you.

Toby's Law Unanimously Passes Second Reading

Looks like the fourth attempt of NDP MPP Cheri DiNovo to pass Toby's Law may finally be on its way to a successful conclusion.

DiNovo has been trying since 2007 to get this law passed.  It would amend the Ontario Human Rights Code by adding gender identity and expression to protect transpeople from discrimination in the province.

The need for it was highlighted by an ugly October 2011 trans discrimination incident at a flea market in London, ON that news of went international.

On May 10 Private Member's Bill 33 reached Second reading stage.  The bill has support from all three parties in the Ontario Legislature and after debate came up for a vote which was unanimous.

The bill now goes to committee and if it clears committe with no propblems will be brought back to the Ontario House for a Third Reading that should it pass, will become provincial law.

Wow, major props to the persistence of MPP DiNovo,  the local trans rights groups there to keep pushing for its passage.  Hopefully you peeps in Ontario will really have something to celebrate when pride kicks off later in June.  

Game Changing Trans Document Decision In Canada

The positive momentum for trans rights issues continues in Canada

In what is seen as a game changing decision, on April 11 the Ontario Human Rights Tribunal struck down a rule that required gender reassignment surgery in order to change the gender code on birth certificates.

The 95 page decision was the result of a challenge filed by a trans woman who complained she was discriminated against because she could not change her legal documents unless she had surgery.

The transwoman in question later had SRS in 2008.   

“She had an orchiectomy (the removal of the testicles), at least in part to satisfy the requirement to change the sex designation,” explains lawyer N. Nicole Nussbaum to Xtra.ca.

“They completely knocked that out,” Nussbaum says. “The tribunal doesn’t have the authority to strike down a law, but they can say the law is not enforceable.”

The tribunal found that the Vital Statistics Act requirement of “transsexual surgery” prior to changing the sex designation on a birth certificate discriminates against trans people, she says. The provincial government has been ordered to remove this stipulation.  

Birth certificates are also used as foundation documents to change other federal level documents such as passports in Canada   

As a result of the precedent setting decision, the province of Ontario has 180 days to revise the criteria for a sex designation change.  

In addition, the decision of the Ontario Human Rights Tribunal could potentially precipitate changes to similar laws in other provinces and territories and strike a major legal blow against the rule that only allows gender code changes on Canadian passports after SRS surgery

Looks like our Canadian trans cousins in Ontario are celebrating a major win that hopefully will be replicated across the Great White North.

Toby's Act Reintroduced For Fourth Time

I've been writing posts about NDP MPP Cheri Di Novo's attempts since 2007 to cover trans people's human rights in Ontario by adding gender identity and expression to the Ontario Human Rights Code via Toby's Act. 

It was named for Toby Dancer, a music producer and trans parishioner of DiNovo's who committed suicide a few years ago.  She has attempted three times to get this passed but it either has languished in the Ontario Legislature or has died due to the Legislature being dissolved for provincial elections..   

On February 21 DiNovo introduced Toby's Act at Queen's Park with members of the Trans Lobby Group in the house to observe what they and MPP DiNovo hope will be a successful effort to pass it this time.   It has support not only from the NDP, but Liberal MPP Yasir Naqvi and Progressive Conservative MPP Christine Elliott are also co-sponsors of Toby's Act.

"As a tri-party sponsored bill, it really has a good chance of success," DiNovo says in an Xtra interview.. "What I am hoping is it takes a much more direct method. The government can bring it in after first reading. Maybe they just need a nudge. So we are appealing to the premier and appealing to the cabinet to do the right thing and move on this."
 
Especially in light of the September 2011 case of blatant trans discrimination that blew up at the Trail's End Market in London, ON that garnered international attention and the recent Talackova case that highlights the need for Canadian trans citizens human rights to be protected..

If the federal government is going to be slow to act in terms of protecting the rights of Canadian trans citizens, then the provincial legislatures need to step up and act where the Conservative majority federal government won't.

Here's hoping that Toby's Act finally passes in Ontario and my trans cousins long wait for coverage under the Ontario Human Rights Code ends this year.

Whatever Happened To Toby's Act?

You may recall I briefly mentioned in one of the many posts I wrote tracking the progress of the federal Bill C-389 through the Canadian House of Commons that a similar effort was underway in Ontario.

NDP MPP Cheri DiNovo introduced Bill 186 or Toby's Act for the third time since 2007 in honor of a trans parishioner and music producer named Toby Dancer at her church who committed suicide.  Toby's Act would amend the Ontario Human Rights Code to add 'gender identity' to it. 

The United Church minister and NDP rep for the Parkdale-High Park riding has represented the constituency since 2006 and was recently reelected to office in the Ontario provincial elections that happened October 7. 

But just an update to what happened with Toby's Act and what's going on at Queen's Park.   It received First Reading but has been stalled since then and I pick up the story with the help of Xtra. 

Just before TDOR 2010 there was a question period on the floor of the Ontario Legislature in which MPP DiNovo reintroduced Toby's Act and it was shot down by then Liberal Ontario Attorney General Chris Bentley with members of the trans community sitting in the visitors gallery to watch the proceedings.

Bentley implied that trans people are already protected under existing law under 'sex' and it wasn't necessary to amend the Ontario Human Rights Code.  "It is not helpful in any way, shape or form to say that there is some challenge with the existing protection,” he said. “There are not. The protections are there for those who need them. And for those who even think they can discriminate: do not."

“The law prohibits it. The decisions are clear. The protections exist. We reject all forms of discrimination in this province.”



Um Chris, discrimination IS happening to transpeople in Ontario and everywhere else in Canada as well.  It's why the federal anti-discrimination legislation to cover trans people was introduced three times and has now been reintroduced at the federal level. 

Those of us who are members of marginalized communities already know that the only way to curb discrimination and bigotry aimed at us is to put explicit language in anti-discrimination laws to make it crystal clear to the bigots it won't be tolerated.

MPP DiNovo and trans activists in the province had a dissenting opinion about then AG Bentley's 'Implied coverage'. "The attorney general could make the change tomorrow,” she told Xtra at the time after it was over. “They have a majority government. They could change this tomorrow. Why won't they?"

“We are moving farther under a federal Conservative government on this issue than we are under a provincial Liberal one. It’s a sad day when Conservatives are more progressive than Liberals.”

Yep, sure is.  And the Liberals paid for it at the provincial ballot box by losing 17 seats.    

A blatant example of anti-trans discrimination just happened at the Trail's End Farmers Market in London, ON that gained international attention and put an end to the fiction that the 'implied coverage' under the Ontario Human Rights Act is enough to deter anti-trans bigotry.  

It has led to two human rights complaints being filed and also put an exclamation point as to why MPP DiNovo and trans rights advocates in Ontario have been pushing for the folks at Queen's Park to do the right thing on trans human rights coverage in the first place.

Perhaps new Ontario Attorney General John Gerretsen and the Liberal minority government will be more inclined to see it MPP DiNovo's way and pass Toby's Act when the new provincial legislative session gets started at Queen's Park.