My first question is what's the difference between the Canadian Human Rights Act and the Ontario Human Rights Code? Is one simply federal and the other state law?
Also, I was reading the following journal article (https://www.utpjournals.press/doi/full/10.3138/utlj.2017-0073), and it transitioned from the CHRA to the Ontario Code:
"The question of whether the non-discrimination requirements (in CHRA) will include the right to be identified by a person’s gender pronoun has arisen in reference to Ontario’s Human Rights Code and, in particular, the Policy on Preventing Discrimination Because of Gender Identity and Expression, which was published by the Ontario Human Rights Commission."
Are provisions from the Ontario Code being used to define terms (discrimination) in the federal CHRA act and subsequent C-16 amendment?
Finally, people keep saying C-16 won't compel speech, but if the Ontario Code is being used to define parts of the CHRA, doesn't this interpretation from the Ontario Human Rights Commission (http://www.ohrc.on.ca/en/questions-and-answers-about-gender-identity-and-pronouns) specifically say misusing pronouns will be considered discrimination?
"Refusing to refer to a trans person by their chosen name and a personal pronoun that matches their gender identity, or purposely misgendering, will likely be discrimination when it takes place in a social area covered by the Code, including employment, housing and services like education. The law is otherwise unsettled as to whether someone can insist on any one gender-neutral pronoun in particular."
It sounds like employers will be compelled to refer to their employees with certain pronouns.