Canadian Human Rights Tribunals Issue Significant Fines Over Gender Identity Violations
In a notable development this month, Canadian human rights tribunals have imposed financial penalties on two individuals for violating legal mandates requiring affirmation of self-identified gender. These cases underscore the growing enforcement of gender identity protections across the country.
Quebec Salon Fined for Gender-Based Haircut Menu
On February 5, the Quebec Human Rights Tribunal ordered Station10, a Montreal salon, to pay $500 to a non-binary activist. The tribunal ruled that the salon's online booking system, which offered men's and women's haircuts, imposed an exclusionary distinction based on gender identity. The French-language decision, published on Thursday, stated that this distinction effectively excluded non-binary individuals from accessing services without discrimination.
Former School Trustee Faces $750,000 Penalty in British Columbia
On the same day, the B.C. Human Rights Tribunal handed down a much more substantial penalty against Barry Neufeld, a former school trustee. Neufeld was fined $750,000 for publicly campaigning against the concept that gender is a social construct. The tribunal described his statements as dehumanizing, delegitimizing, and extremely serious, causing significant damage. Neufeld, who served as a school trustee for over two decades and worked as a probation officer for 25 years, had expressed concerns about educational materials like SOGI 123, which he viewed as problematic.
Growing Trend of Enforcement Actions
These cases are part of an expanding pattern of decisions where businesses or private individuals face fines for alleged violations of gender identity principles. In 2025, the B.C. Human Rights Tribunal fined a private individual $10,000 for expressing concerns to a friend about their upcoming double-mastectomy, intended to affirm a trans identity. The tribunal ruled that such comments reinforced stigma against transgender people.
Additionally, in January 2026, the same tribunal sided with a non-binary complainant who presented as a trans masculine butch woman. The complainant alleged that a colleague at the BC Ferry & Marine Workers' Union used incorrect pronouns, with the tribunal noting the harm caused by misgendering in the workplace.
Legal Framework and Historical Context
Canada's human rights codes have evolved to incorporate gender identity and expression as protected categories. In 2012, Ontario became the first province to entrench these protections in its Human Rights Code. Within five years, all other provinces and the federal government followed suit. In 2016, the House of Commons, with substantial Conservative support, amended the Canadian Human Rights Act and the Criminal Code to include gender identity and expression as protected grounds.
According to tribunals enforcing these amendments, Canadians now face civil penalties for any deviation from the principle that gender expression is an immutable characteristic akin to race or ethnicity. This includes failing to affirm chosen pronouns or asserting that gender is strictly binary.
The enforcement actions highlight the ongoing legal and social debates surrounding gender ideology in Canada, with tribunals taking a firm stance on compliance. As these cases demonstrate, the consequences for non-compliance can be severe, ranging from modest fines to substantial financial penalties, reflecting the tribunals' commitment to upholding these protections.
