Examining the Legal Needs and Access to Legal Services for Trans People in Ontario

Background and Purpose:

In accordance with the conference theme of Achieving Equal Opportunity, Equity and Justice, the TRANSforming Justice project is a community-based, mixed-method study designed to ensure the legal needs of trans people in Ontario are met by assessing their legal needs, identifying barriers to accessing justice, and examining the root causes of injustice in order to recommend specific policy changes. Previous research in the US has shown extensive disparities for trans people in accessing legal support and justice. 

Methods:

The study used a concurrent triangulation mixed-method design to gather data from trans people and legal service providers across Ontario. Quantitative data regarding legal issues and encounters with legal systems were collected from trans people through an online survey (n=232). Data collection was structured to compare findings to previous research that examined legal needs/issues for all Canadians. Qualitative data were gathered from 13 focus groups (n=125) of trans individuals, and nine focus groups with legal service providers (n=82). Trans-specific legal training was provided to community and legal service providers, if interested, after each focus group. Differences among demographics of trans people who completed the survey were analyzed using Pearson’s chi-square. Qualitative data from the focus groups were analyzed by three coders who employed a framework based on study objectives to extrapolate relevant themes. Specific data were reported to triangulate and substantiate the quantitative findings. For each area of justiciable legal action, salient qualitative data points (quotes) were employed to highlight the nature of trans peoples’ experiences.

Results:

Among trans survey participants, immigration-related legal needs were more likely to be reported by non-Indigenous racialized participants χ²(2, N=232) =7.78, p<0.05 when compared to Indigenous, and non-Indigenous White participants. Reported legal problems among trans people were almost always reported at a much greater proportion than among the Canadian population. These justiciable legal issues include:  discrimination (43% vs. 5.3%), access to medical treatment (23% vs 2.6%), employment (22% vs. 16.4%), housing (22% vs. 2.5%), personal injury (19% vs. 2.5%), negative police treatment (16% vs. 1.8%), disability benefits/social assistance (15% vs. 1.2%), and refugee/immigration (5% vs. 0.7%). Qualitatively, data collected presented direct experiences of each of these justiciable legal issues. Themes from the focus group participants include experiences of these justiciable legal concerns as well as challenges in accessing legal assistance, and experiences of dealing with the legal system’s processes and people (e.g., police, police staff, legal aid, legal staff, court staff and judges). Though there are examples of exemplary and positive experiences, overwhelmingly participants present examples of hostile, discriminatory, and marginalizing experiences. In addition, few trans people sought access to legal services due to concerns about stigma.

Conclusions and Implications:

Trans people in Ontario are disproportionately burdened by justiciable legal issues and rarely seek legal assistance with these matters. These findings suggest, among other recommendations, that increasing education for legal service providers to address trans access disparities, as well as outreach from legal/social service providers to trans communities about efforts to provide trans accessible legal services would be beneficial.