Ottawa, February 3, 2023 – The Canadian Bar Association (CBA) and HIV & AIDS Legal Clinic Ontario (HALCO) are releasing the report Access to Justice for Trans People. This report aims to identify barriers and challenges for trans, non-binary and gender diverse people in accessing justice and recommends improvements.
The report highlights that trans people face more co-occurring legal problems than cisgender people in Canada, often as direct result of the legal system itself. They are also less likely than cisgender people to formally act on their legal issues.
The report makes many recommendations to improve access to justice for trans people, and to motivate actions towards building a legal system that is inclusive for all people in Canada.
The CBA Board of Directors created an Advisory Group on Inclusion and Access to Justice for Trans, Non-Binary and Gender Diverse People to advise the CBA on the initiatives, programs and policies the Association should be putting forward to address the issues faced by the members of trans, non-binary and gender diverse communities in Canada. The Advisory Group is set to have its first meeting in March.
Quick facts
- The report was produced by the CBA National Access to Justice Subcommittee and the CBA Sexual Orientation and Gender Identity Community Section in coalition with HALCO and the TRANSforming JUSTICE: Trans Legal Needs Assessment Ontario (TRANSforming JUSTICE) research team.
- Findings from TRANSforming JUSTICE were situated in the broader access to justice framework of the CBA’s Reaching Equal Justice report.
- Trans participants in TRANSforming JUSTICE reported experiencing a disproportionate number of justiciable legal problems compared to the general population in Canada. Many of them also reported experiencing multiple legal problems simultaneously.
- Participants reported that they were generally reluctant to seek help or access the legal system. Some factors were identified, like discriminatory experiences, inadequate legal services, or lack of accessible and trans-specific legal information, among others.
- The report makes many recommendations to improve access to justice for trans people, which are meant to be a starting point for future discussions and measures to address the issues faced by the members of trans, non-binary and gender diverse communities in Canada. As the report states that many of the root causes of people’s legal issues stem from the legal system itself, broad systemic change is required to truly address the lack of access to justice for trans people in Canada.
- Trans people must be supported to lead the further development and implementation of all recommendations, which is partly why CBA has established its Trans Advisory Group
- This work must be done in a way that respects the sovereign rights of the Indigenous Peoples of Canada, incorporates Indigenous justice approaches and responds to Calls to Action of the Truth and Reconciliation Commission of Canada and Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls. Indigenous trans and/or Two-Spirit people must be supported to take the lead on this essential work.
- An intersectional lens that accounts for the different experiences of trans people with different identities and circumstances must also be employed at all stages of further development and implementation of the recommendations.
Quotes
“Although there has been some progress in the treatment of trans, non-binary and gender diverse people in a few areas of our justice system, we continue to experience discrimination, harassment and violence in many aspects of our lives, including attempts to retrench any modest gains we achieve. The data and recommendations in this report are a useful addition to the work in this area and will be used as a catalyst for discussions and action on improving access to justice for trans people.”
Lee Nevens (Mx/they/them), Chair, CBA Advisory Group on Inclusion and Access to Justice for Trans, Non-Binary and Gender Diverse People
“At the CBA, we believe that ensuring equal justice for all, especially for marginalized groups, is essential in a functional democracy. We also have a duty to defend and protect the rights of everyone in our society, especially the most disadvantaged people with the greatest need. This report is a good starting point to initiate a discussion, and we need to continue to have this important conversation, we need to listen, to learn, to reach out, so that we can make our justice systems inclusive for everyone.”
Steeves Bujold (he/him), CBA President
“The recommendations in this report are ultimately only part of the solution. They focus on certain actionable items that can improve access to justice for trans people within Canada’s legal system. However, as the legal system itself is the root cause of many trans peoples’ problems – and as effective solutions are generally not arrived at through that system – more must be done than the full implementation of these recommendations. Law and policy reform is required, led by trans people, as is a commitment to ongoing reform by institutions and individuals within the justice system to improve.”
HIV & AIDS Legal Clinic Ontario (HALCO)
Related links
Access to Justice for Trans People report
First Report: Legal Problems Facing Trans People in Ontario
Reaching Equal Justice report
About the Canadian Bar Association
The CBA is dedicated to support the rule of law and improvement in the law and the administration of justice. Some 37,000 lawyers, notaries in Quebec, law teachers and law students from across Canada are members.
About HIV & AIDS Legal Clinic Ontario (HALCO)
The HIV & AIDS Legal Clinic Ontario (HALCO), founded in 1995, is the only legal clinic in Canada devoted to the HIV community. HALCO staff provide legal advice and representation and engage in public legal education, community development and law reform activities.
For more information, contact:
Vanessa Racine
Manager, Media Relations and Public Affairs
613-237-2925 x153
vanessar@cba.org