New Brunswick

Province to add gender identity, family status to human rights law

The New Brunswick government is making changes to the Human Rights Act to prohibit discrimination based on family status and gender identity or expression.

Proposed amendments to New Brunswick Human Rights Act reflect changing society, government says

Donald Arseneault, minister of post-secondary education, training and labour, says proposed changes to the Human Rights Act reflect today's 'realities.' (CBC)

The New Brunswick government is making changes to the Human Rights Act to prohibit discrimination based on family status and gender identity or expression.

Amendments introduced on the 50th anniversary of the act and the Human Right Commission that enforces it, are intended to modernize the legislation and make the handling of complaints more efficient, the government said in a news release.

"The changes we are making will better reflect today's realities," Donald Arseneault, minister of post-secondary education, training and labour minister, said in a news release.

"These amendments will help the most vulnerable New Brunswickers have equal opportunities to participate in society and contribute to our economy."

The act was created to protect people against discrimination at work, in housing and public services, including police, hospitals, retail operations and hotels.

But the legislation has not had an extensive review in 25 years, the government said.

"We want to make sure that transgender people, if they are discriminated for whatever reason, that they have recourse," Arseneault said. "They can go to the Human Rights Commission and be protected."

Moving Forward

Reid Lodge, co-chair of Fredericton Gender Minorities, applauded the Human Rights Commission for the latest changes and says the province has come a long way.

Lodge said the amendments would help the transgender community, giving it a legal stand on which to argue claims of discrimination.

Reid Lodge, co-chair of the Fredericton Gender Minorities, is applauding the Human Rights Commission for the latest changes

"I am really happy to see that they're finally moving forward," said Lodge. "This gives us a more specific ground — we can go to and say, 'Yes this is exactly what happened and this is how we're going to argue it.'" 

But in terms of social perception and education, Lodge said there's more work to be done, since the act won't necessarily stop discrimination.

"Changing the law doesn't necessarily change the way that people act," Lodge said. "This is a really great first step and it gives [transgender] people the opportunity to actually go to the Human Rights Commission and know that their needs specifically are going to be addressed."  

Michelle Leard, chair of UBU Atlantic, an organization serving transgender people on the East Coast, said the changes indicate the government understands the importance of protections for gender identity and expression.

"More importantly, it's a reflection of what can be accomplished … when a group of people stand up for what they need to live healthy and productive lives," she said.

"I'm proud to be a voice for my community, proud to see what we have accomplished and most of all proud of our government for stepping up, again and again."

Nathalie Chiasson, the chair of the New Brunswick Human Rights Commission, said the proposed amendments are significant and reflect a changing society.

"These new measures will enable us to better help New Brunswickers access our services," the release quotes Chiasson as saying.

The release says that among other things, the amendments would also:

  • Prohibit discrimination by any person in the workplace.
  • Modernize the definition of mental disability.
  • Provide the commission with additional authority to dismiss a complaint in certain cases.
  • Improve the commission's ability to investigate and settle complaints.