Is it a violation of the Code to not address people by their choice of pronoun?
The law recognizes that everyone has the right to self-identify their gender and that “misgendering” is a form of discrimination.
As one human rights tribunal said: “Gender …may be the most significant factor in a person’s identity. It is intensely personal. In many respects how we look at ourselves and define who we are starts with our gender.”
[1] The Tribunal found misgendering to be discriminatory in a case involving police, in part because the police used male pronouns despite the complainant’s self-identification as a trans woman.
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.
Gender-neutral pronouns may not be well known. Some people may not know how to determine what pronoun to use. Others may feel uncomfortable using gender-neutral pronouns. Generally, when in doubt, ask a person how they wish to be addressed. Use “they” if you don’t know which pronoun is preferred.
[2] Simply referring to the person by their chosen name is always a respectful approach.