Are Ontarians obliged to use ze and hir instead of he and she?

The war of words over gender-neutral pronouns that has led to two disciplinary letters against University of Toronto Professor Jordan Peterson was sparked in large part by the requirements of the Ontario Human Rights Code.

Certainly, the university noted the OHRC in its request that Peterson address students by the pronoun of their choice and to stop speaking out about what he sees as the intrusion of political correctness and the use of hate speech laws to ‘weoponize tolerance’ and stifle debate in post-secondary institutions.

The Sun asked the OHRC to weigh in on this raging controversy, and Chief Commissioner Renu Mandhane responded:

•University of Toronto Professor Jordan Peterson is raising an argument that the OHRC is being used as a weapon to smother free speech. His university has said that the OHRC obliges him to address students by the pronoun of their choice. Must he?

“The OHRC recognizes the right to freedom of expression under the Charter. However, lawmakers and courts have found that no right is absolute. Expression may be limited where it is hate speech under criminal law; or amounts to harassment, discrimination, or creates a poisoned environment under the Code.”

•Is it a violation of the Code to not address people by their choice of pronoun? And if so, in what setting?

“Refusing to address a trans person by their chosen name and a personal pronoun that matches their gender identity, or purposely misgendering, is discrimination when it takes place in a social area covered by the Code (employment, housing, and services like education).”

•Would universities have greater latitude to discuss gender issues or disagree with the OHRC?

“Universities are vital places for informed discussion, debate and disagreement, including debate about human rights. However, universities have the same positive obligations as other organizations to take all necessary steps to prevent and respond to discrimination and harassment, and avoid a poisoned environment.”

•Peterson has argued that for the first time, the OHRC is putting words in people’s mouths by requiring the use of certain pronouns. Is this a fair characterization?

“OHRC policies provide guidance on how to understand and apply existing legal obligations. The OHRC does not require any particular gender-neutral pronoun. If in doubt, ask the person how they wish to be addressed. Use “they” if you don’t know. Or simply use their chosen name.”

•What does the Ontario Human Rights Code say about gender issues?

“The Code prohibits discriminatory comments or conduct based on gender identity and gender expression in employment, housing, in services like education, and other areas.”

•Why is this important?

“Transgender people routinely experience discrimination, harassment and violence, which significantly affects their health and well-being.”

•Has the OHRC issued any directive that expands on the Code to explain what this means in day-to-day terms?

“The OHRC’s Policy on preventing discrimination because of gender identity and gender expression is based on the Code and case law and says organizations must respect a trans person’s right to be treated in accordance with their lived gender identity.”

•What is the penalty for failing to comply?

“Organizations have a legal duty to take positive steps to prevent and respond to discrimination. A tribunal or court may order financial or other remedies.”