Of course he can't make the case about legislation because even if the legislation is there it doesn't mean you'll believe it. He argued in that video instead that you simply look it up. He said is isn't in C-16 but in the Ontario Human Rights Commission policy on discrimination, which is legally enforceable. Naturally, since you already know everything and have a mind set in stone, there would be no reason to check on that, but I did: See "
Refusing to refer to a person by their self-identified name and proper personal pronoun" bolded below.
7.4 Gender-based harassment and sexual harassment
The
Code prohibits harassment on various grounds including because of gender identity and gender expression (gender-based harassment) as well as because of sex (sexual harassment). Trans people, other gender non-conforming individuals as well as non-trans people (cisgender) can all experience harassment on any one or a combination of these and other grounds.
The
Code defines harassment as “engaging in a course of vexatious
[40] comment or conduct that is known or ought reasonably to be known to be unwelcome.” Harassment will have happened if the person carrying out the behaviour knew or should have known it was unwelcome. If the victim says the behaviour is unwelcome then the harasser “knows.” If the harasser didn’t know (or didn’t intend to harass), it is still harassment if a “reasonable” person would know such behaviour is unwelcome.
[41] What is considered “reasonable” includes the perspective of trans people and other gender non-conforming individuals.
A victim does not have to explicitly or directly object to harassment.
[42] They may be vulnerable and not speak out because of a threat or fear or because the person has some power or authority over them like a manager or landlord. Some may simply withdraw or walk away.
Many trans people are vulnerable to harassment because of their gender identity and gender expression.
[43] Trans people also experience harassment that is sexual in nature (sexual harassment) that may be because of their gender identity, gender expression and/or sex.
Gender-based harassment can involve:
- Derogatory language toward trans people or trans communities
- Insults, comments that ridicule, humiliate or demean people because of their gender identity or expression[44]
- Behaviour that “polices and or reinforces traditional heterosexual gender norms”[45]
- Refusing to refer to a person by their self-identified name and proper personal pronoun
- Comments or conduct relating to a perception that a person is not conforming with gender-role stereotypes
- Jokes related to a person’s gender identity or expression including those circulated in writing or by email or social media[46]
- Spreading rumours about a person’s gender identity or expression including through the Internet[47]
- “Outing” or threatening to “out” someone as trans
- Intrusive comments, questions or insults about a person’s body, physical characteristics, gender-related medical procedures, clothing, mannerisms, or other forms of gender expression
- Other threats, unwelcome touching, violence and physical assault.
Sexual harassment can involve:
- Intrusive or offensive questions or comments about a trans person’s sex characteristics, sexual identity, romantic relationships or sexual activity, or sexual orientation
- Jokes that objectify a trans or gender non-conforming person in a sexual way including those circulated by email or social media[48]
- Displaying or circulating pornography,[49] sexual pictures or cartoons,[50] sexually explicit graffiti,[51] or other sexual images about trans people including through the Internet
- Leering or inappropriate staring[52]
- Threats, unwelcome touching, violence and sexual assault.