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Respecting Trans Inmates

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Respecting Trans Inmates

New Policy Recognizes Gender Identity and Gender Expression

Ministry of the Solicitor General

Ontario is implementing new admission and placement policies for trans inmates in the care and custody of provincial correctional facilities to ensure their rights are recognized and protected.

The new policy builds on Toby's Act,which was unanimously passed in the Legislature and made Ontario a leader in protecting the right to gender identity and gender expression.

The policy was developed through extensive, provincewide consultations with civil rights groups, law enforcement and correctional working groups, trans advocates, and community partners, and is consistent with the Ontario Human Rights Commission's (OHRC) Policy on preventing discrimination because of gender identity and gender expression, which was released in April 2014.

The new policy ensures that trans inmates:

  • Are placed in an institution appropriate to their gender identity or housing preference, and involved in the accommodation process
  • Will be referred to by their preferred name and gender pronoun (e.g., he, she, him, her)
  • Will be provided the opportunity to choose the gender of staff performing searches, and will be offered privacy during searches.

Quick Facts

  • The Policy for the Admission, Classification and Placement of Trans Inmates is believed to be one of the most progressive policies on the management of trans inmates in North America.
  • Over 10 community and justice sector groups were consulted in the development of this policy.

Background Information

Additional Resources


“This new policy for trans inmates is an important step forward to ensure that all inmates are treated with dignity and respect when in our care and custody. It ensures that the human rights of the individual is respected by protecting a person's gender identity and gender expression, while promoting fairness and safety of all correctional staff and inmates.”

Yasir Naqvi

Minister of Community Safety and Correctional Services

“Trans Ontarians are among the most vulnerable members of society and we all are responsible for respecting and protecting their rights. I congratulate Minister Naqvi and his staff for this innovative policy, and their continued work with the OHRC to make human rights lived rights for all of us – everywhere in Ontario.”

Barbara Hall

Chief Commissioner, Ontario Human Rights Commission

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