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Ontario Courts Requiring Pronoun Declaration


Ontario courts will now be asking people for their pronouns when they show up for hearings.

The directive was issued by Chief Justice Sharon Nicklas of the Ontario Court of Justice.

“At the beginning of any in-person, virtual or hybrid hearings, when lawyers are introducing themselves, their client, a witness or another individual, they should provide the judge or justice of the peace with each person’s name, title (e.g. Mr., Mrs., Mx., Counsel “X”) and pronouns to be used in the hearing,” Justice Nicklas wrote.

“If counsel does not provide this information in their introduction, they may be invited by a court clerk to provide this information.”

The move comes just months after the Federal Court of Canada amended its general practice guidelines to include the providing of pronouns and pronunciation of names. It also added the prerogative “to make an Indigenous land acknowledgement,” a Jan 19 post on X said.

The policy is similar to one developed in British Columbia in December 2020.

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“Providing a forum of justice that is impartial, fair, consistent, and assures equal access for everyone is part of the mission of the Provincial Court of British Columbia,” a news release from the court said at the time. “According people dignity and respect by using their correct titles and pronouns is one aspect of such a forum.”

The B.C. release said prior practice was for parties or lawyers to introduce themselves and spell their last name.

“In the new Notice, the Court is asking people to state their name, title (sometimes called “salutation”), and pronouns to be used in the proceeding, and for lawyers to provide this information for their clients.”

The B.C. court said the new policy marked a “shift in professional practice.”

“Using incorrect gendered language for a party or lawyer in court can cause uncomfortable tension and distract them from the proceedings that all participants should be free to concentrate on,” the release said. “The court hopes its new notice will contribute to a culture that is inclusive and respectful of everyone.”

The increasing use of pronouns comes after Canada became the first country to collect and release census information on transgender and non-binary individuals, according to Statistics Canada.

“For the first time, the 2021 Census included a question on gender and the precision of ‘at birth’ on the sex question, allowing all cisgender, transgender and non-binary people to report their gender,” Stats Canada said in an Oct. 18, 2023, publication.

The government said 59,460 Canadians identify as transgender, and 41,355 said they were non-binary, representing about 0.33 percent of the population in the age group 15 and older.





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