Misgendering is not a crime in itself, but it can be part of a larger pattern of online harassment and hate that is illegal in Canada if it amounts to
hate speech or criminal harassment. Canadian law defines hate speech as content that promotes detestation or vilification of an individual or group based on protected grounds, including gender identity and expression, especially when likely to foment hatred or lead to violence. Examples of illegal online activities, which can be amplified by misgendering, include threats, stalking, impersonation, and the non-consensual sharing of intimate images.
Misgendering and Canadian law
- Hate speech: In Canada, misgendering could be used as a component of illegal hate speech if it is part of a communication that expresses detestation or vilification of a group, including gender-diverse people, and is likely to foment hatred.
- Criminal harassment: A pattern of misgendering, especially when combined with other actions like threats, harassment, or stalking, can be considered criminal harassment and is illegal.
- Human rights complaints: Malicious misgendering may be used as evidence in a human rights complaint, which can result in remedies like a cease-and-desist order, but not jail time.
