Transgender, gender-variant and/or non-binary (TGN) individuals, interactions with

1.1    The Legislative Protective Service (LPS) is committed to serving in a manner consistent with the values of the Legislative Assembly of Ontario. Specifically, the LPS strives to serve in a way that is inclusive, by respecting and embracing the perspectives, abilities and diversity of all.

1.2    Under the Ontario Human Rights Code (RSO 1990, c H.19), every person has a right to equal treatment with respect to services, goods and facilities, without discrimination on the basis of various proscribed grounds, including sex, sexual orientation, gender identity, and gender expression (s 1). All four are also proscribed grounds under the Canadian Human Rights Act, RSC 1985, c H-6, s 3(1).

1.3    LPS employees shall make reasonable attempts to avoid labelling a person during interactions and when recording the name and gender of a person in documentation and reporting, except where required.

1.4    Except where legally necessary, LPS employees shall not require proof of an individual’s gender and shall not challenge an individual’s gender identity or expression. 

2.1    Chosen name - non-birth name that a transgender individual uses in self-reference (this may or may not be the individual’s legal name). Many transgender people refer to their birth name as their “dead name” and it is very disrespectful to use their birth name in interactions after being informed of their chosen name.

2.2    Cisgender – refers to individuals whose gender identity corresponds with the biological sex registered for them at birth.

2.3    Dead name - the birth name that a transgender individual no longer uses in self-reference. Once informed of an individual’s chosen name, the dead name should not be used to refer to the individual, although it may be referenced in documentation if it is the name used on the individual’s official documentation.

2.4    Gender – the social construct used to classify a person as man, woman, both or neither. Gender encompasses all relational aspects of social identity, psychological identity and human behaviour. Gender includes a person’s gender identity and gender expression.

2.5    Gender expression – how a person expresses or presents their gender to others. This can include behaviour and outward appearance, such as dress, hair, make-up, body language and voice. A person’s chosen name and pronouns are common ways of expressing gender and a person’s gender expression may change from day to day. Others perceive a person’s gender through these attributes.

2.6    Gender identity – a person’s internal and individual experience of their gender which may be the same as, or different from, their birth-assigned sex. It is important to note that a person’s gender identity does not have to match their gender expression.

2.7    Intersex (individual) – individuals who possess or develop physical characteristics that do not fit into conventional medical definitions of male or female. This can include chromosomes, genitals, hormones and other sex attributes. Intersex individuals may identify as male, female or non-binary.

2.8    Non-Binary (individual) – an umbrella term for people with gender identities that fall somewhere outside of the traditional conceptions of either female or male. People with non-binary gender identities may or may not use more specific terms to describe their genders, such as agender, gender queer, gender fluid, two spirit, bigender, pangender, gender non-conforming, or gender-variant.

2.9    Officers – where capitalized, refers to both Peace Officers (POs) and Protective Service Officers (PSOs) of the LPS. Where a directive refers only to Peace Officers or only to Protective Service Officers, the full title or abbreviation will be used.

2.10    Sexual orientation – a person’s romantic and/or physical attraction to people of a specific gender or genders.

2.11    Supervisor – refers to both Sergeants and PSO Leads, as well as the senior leadership staff (PSO Supervisors, Staff Sergeants, Inspector/Operations Manager, and Director) of the Legislative Protective Service and the Sergeant-at-Arms.

2.12    Transgender or Trans – an umbrella term which refers to people with diverse gender identities and expressions that differ from stereotypical gender norms. It includes but is not limited to people who identify as transgender, trans women (male-to-female), trans men (female-to-male), transsexual or gender non-conforming, gender-variant, gender-queer, or non-binary. While the term “trans” is appropriate, it is important to note than some transsexual people do not identify as transgender.

2.13    Transsexual – may be used by individuals, who may or may not identify as transgender, who have undergone medical changes, such as hormonal therapy or surgery, to help alter their anatomy and appearance to more closely align with their gender identity. The term transsexual does not include or reflect the experience of many who are part of the transgender community, and the term should not be used to refer to someone unless they specifically assert that preference as some transgender individuals associate the term with historically negative connotations.

3.1    Transgender, gender-variant and/or non-binary individuals may be identified in the following ways:

• a person informs the Officer that they identify as transgender, gender-variant or non-binary; or
• an Officer has reason to believe an individual may identify as transgender, gender-variant and/or non-binary based on gender expression, prior interactions and/or background checks.

3.2    When an LPS employee is unsure if an individual identifies as transgender, gender-variant or non-binary, the LPS employee should respectfully and discreetly ask the individual how they identify in terms of gender (e.g., “how should I address you?” “what pronouns do you use?”); if they identify as transgender, gender-variant or non-binary proceed according to this policy.

3.3    If a situation impedes the opportunity to access a person’s gender identification, use gender neutral terms and/or omit using Sir/Mr., Ma’am/Ms. For example, “you need to step back please.” Referring to a person as “it” or other derogatory language is dehumanizing and subject to discipline in accordance with the Service’s Deportment policy (ADM-009)

3.4    Nothing in this policy prohibits an Officer from considering factors such as actual or perceived gender identity in combination with other legitimate factors (e.g., weight, height, dress, etc.) when obtaining or providing a subject’s description. 

4.1    Officers shall address individuals who identify as transgender, gender-variant or non-binary by their chosen name and by pronouns appropriate to their gender identity such as he, she or they.

4.2    When an individual identifying as transgender, gender-variant and/or non-binary comes to the Visitor Screening Centre and presents and identification that does not match their chosen name, the name on their government-issued ID shall be entered into the visitor management system. If the individual’s chosen name is verbally provided at check-in, it should be added to the notes section of the visitor management system record and identified as their chosen name.

4.3    Officers shall not make assumptions about an individual’s sexual orientation based upon an individual’s gender expression or identity.

4.4    When entering the individual into an Incident Report, or other official report, they are to be entered by the name and gender as indicated on their official government identification. When completing the narrative portions of the report, Officers shall use the person’s chosen name and appropriate pronoun. It is recommended that Officers include a statement such as “the arrestee, John Doe, will be referred to by their chosen name – Jane Doe – for the remainder of this report” when writing the narrative.

5.1    For documentation purposes, Officers shall write an individual’s name as it appears on their legal documentation. If the individual identifies themselves using a different name, the Officer shall list that name in the “Also Known As” (AKA) section of the Record of Arrest (OPS-002-01).

5.2    For documentation purposes, Officers shall use the sex designation listed on legal documentation if it is listed, but any variation from the individual’s gender identity shall be noted in their Service notebook.

5.3    When conducting a search of an individual identifying as transgender, gender-variant and/or non-binary, either subsequent to arrest or as part of building access screening, Officers shall ask the individual for their preference with regard to gender of the Officer searching them. Officers shall not specifically call out transgender, gender-variant and/or non-binary Officers for searches of individuals identifying as transgender, gender-variant and/or non-binary.

5.4    If the individual’s preference cannot be honoured, the preference and reason why it could not be honoured shall be documented in an Incident Report.

5.5    Appearance-related items, including but not limited to, prosthetics, clothes, wigs or makeup, should not be confiscated or removed from individuals identifying as transgender, gender-variant and/or non-binary unless such items present a safety hazard, impede the provision of medical assistance, or are needed for evidentiary reasons.

5.6    Where an individual who identifies as transgender, gender-variant and/or non-binary is required to remove an appearance-related item such as indicated in section 5.5 of this policy:

• advise the person of the reason why removal is necessary;
• provide the person with the opportunity to remove the item themselves when self-removal does not pose a safety/injury risk to the person or others;
• treat the item with respect at all times as transgender, gender-variant, or non-binary individuals may have an emotional as well as physical attachment to the item;
• allow for the removal of the device in a private area whenever practicable;
• if self-removal is not possible, respectfully ask the individual how to remove the item;
• allow adequate space and range of motion for repositioning or reattachment of the item; and
• return the item to the person as soon as possible upon completion of the search.

5.7    If an arrestee who identifies as transgender, gender-variant and/or non-binary requests to use the restroom, they shall be escorted by an Officer of the individual’s gender preference, if available, to use the restroom which the individual is most comfortable using.

6.1    Information regarding an individual’s gender identification shall be kept on a need-to-know basis to ensure that the privacy and confidentiality of the individual is respected.