The Right to Dignity:

Being Respected and Valued for Who You Are

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Are schools required to provide inclusive washrooms, change rooms and other gendered spaces?

CCLA and many others take the position that all students should be safe and comfortable at school – including having access to appropriate washrooms, change rooms, and other gendered spaces.

It is critical for gender diverse students’ safety that they be able to choose the washrooms and change rooms where they feel most comfortable. Some students may choose the space that matches their gender identity or expression; others may choose the one that matches their gender assigned at birth; and a gender-neutral option should also be available.

Why does this matter? Because being forced into the wrong space—or being denied access—can put you at risk of harassment, violence, or exclusion. You may even avoid washrooms out of fear of being exposed to harassment or violence when using them. Yet, access to washrooms, for example, is a basic biological need, and, therefore, a fundamental component of human dignity.

What Does the Law Say?

Legally, schools are required to provide for students’ access to education, and as part of this, must provide accommodations for a variety of situations. For example, a student who uses a wheelchair needs access to a wheelchair-accessible washroom in order to be able to attend school—and schools have a duty to provide this access.

Protection from discrimination includes a duty to accommodate students’ needs, unless it would cause the school undue hardship (e.g. it would be extremely difficult or expensive to do). For example, it might not be possible to build a brand-new gender-neutral change room overnight, but a school could provide a private washroom or another safe space until a long-term solution is in place. Schools cannot just say “it’s too complicated” and deny your request. They must work with you to find an option that helps you feel safe and included.

Based on these principals, the CCLA believes that there is a clear duty for schools to accommodate queer students’ needs to the best of their ability, including by providing safe access to spaces like washrooms and changerooms. Accommodations are an important part of protecting equality rights and dignity.

What Do School Policies Say?

“Students have the right to a safe change-room that corresponds to their gender identity”

~ Toronto District School Board

“Students must be allowed to use the facility that corresponds to their gender identity, regardless of their sex assigned at birth.”

~ Province of Manitoba

Some school boards have specific policies or recommended practices about accommodating queer students. For example, the Toronto District School Board policy says that “Students have the right to a safe change-room that corresponds to their gender identity” and further, their policy makes it clear that requiring students to ‘prove’ their gender in order to use a chosen washroom or change-room is not acceptable, as a student’s self-identification is the only measure of a student’s gender.

A particularly helpful policy is Manitoba’s Supporting Transgender and Gender Diverse Students in Manitoba Schools. It emphasizes the school’s duty to allow student self-determination by requiring that “students must be allowed to use the facility that corresponds to their gender identity, regardless of their sex assigned at birth.” In addition, it states that:

When accessing change rooms, a student should be able to choose among the following supports:

Access to a change room that corresponds to the student’s gender identity (their basic right)
Access to a nearby all-gender or universal single-stall washroom
Use of a private area within a public area (such as a washroom stall with a door or an area separated by a curtain or divider)
A separate changing schedule in the public area (using the change room either before or after the other students)
Access to a change room that corresponds to the student’s assigned sex at birth
Access to alternative facilities as appropriate, available, and agreed to by the student.

The Ontario Human Rights Commission’s Policy on Preventing Discrimination Because of Gender Identity and Gender Expression explains that accommodation providers (like schools) have particular responsibilities to people seeking accommodations. Their policy explains that:

Accommodation providers are responsible for:

Accepting requests for accommodation in good faith (unless there is evidence the request is not genuine)
Making reasonable requests for only information that is necessary to clarify the nature and extent of the accommodation needed for the situation
Making sure that information related to accommodation is kept confidential and shared only with people who need the information for their role in implementing the accommodation
Acting in a timely way and taking an active role in looking for solutions
Covering any appropriate costs related to the accommodation.

Moves Against Rights:

Gender-Neutral Washrooms in Quebec Schools

In 2024, the Quebec Ministry of Education announced a new Directive which banned the building of new gender-neutral washrooms or change rooms in schools. While the Directive still requires schools to have single-stall accessible washrooms, many advocates say this directive undermines the rights of trans and gender diverse students to access public spaces.

Advocacy in Action:

Trans Student’s Self Advocacy Creates Lasting Change

Tru Wilson, a trans girl who attended a Catholic elementary school in British Columbia, was not permitted to use the girls’ bathroom, despite identifying as female. She and her family filed a human rights complaint against her school board—and won!

As a result, the Independent Catholic School Board of Vancouver introduced the first formal policy for transgender students in any Catholic school board in Canada. It set out how trans students could request to be accommodated, and what accommodations they were able to have, including use of their chosen name and pronouns, and greater flexibility with uniforms and dress codes. For washroom use, the policy allowed any student access to a private washroom, and that for school trips, the board would attempt to address privacy concerns around safe washroom use. The policy also said that the board would generally no longer segregate gym classes and intramurals based on gender.

While there were important positive changes brought about by this new policy, there was also some concerning parts. Though the policy said that the school board will support students in “gender non-conforming behaviour,” including through using chosen names and pronouns, the policy also says that “the Catholic school cannot support any transitioning actions.”

Tru’s story shows the powerful impact that advocacy can have—creating rights protection for yourself and for many others too—even if there is still more change that needs to happen.

If you think that your right to safe and comfortable washrooms, places to change, access to gendered spaces, or other appropriate accommodations has been violated, and you are considering what to do next, please see the section entitled “What to Do if You Think Your Rights Have Been Violated” as well as the list of Resources at the end of this guide.