Statement on Trans and Gender-Diverse Inclusion in Sport

The Government of Canada is committed to creating a sport system that provides opportunities for all Canadians to participate and excel in sport, including trans and gender-diverse participants.

This means a sport system that is welcoming, inclusive, safe, and fair, with human rights embedded in sport governance and operations.

Sport unites us. It builds stronger communities and is a source of national pride and identity. It contributes to our collective well-being and has proven positive social and health outcomes.  When done right, sport makes us all better.  But when a group is excluded or made to feel unwelcome, none of the benefits of sport are realized, and harm can result.

The issue of trans and gender-diverse inclusion in sport has been politicized and weaponized in Canada, to the detriment of an already vulnerable, excluded, and marginalized community. Inclusion has been pitted against fairness, as if these two values and ideals cannot coexist in the context of sport.

Women have long fought for equal recognition and gender equality in sport.  While this year’s Olympic Games in Paris achieved gender parity in sport events for the first time in history, women continue to face significant barriers in sport. Ensuring the integrity and fairness of the female category is important in elite or high-performance sport.

To emphasize – this is not a license to discriminate. This is why it is important for sport organizations in Canada to have policies on the inclusion of trans and gender-diverse participants.

Sport organizations should start from a place of inclusion – of recognition that everyone in Canada should have the opportunity to participate in sport. In ensuring that sport categories are fair, sport organizations should take an approach that respects individual rights, is based in evidence, and is specific to their sport.

Sport organizations should also seek to eliminate barriers to participation in sport for trans and gender-diverse participants and recognize that exclusion further isolates and marginalizes.

As we work together to create a sport system that is welcoming, inclusive, safe, and fair, we should consider the following:

• Trans and gender-diverse inclusion in sport is a human rights issue. The Canadian Human Rights Act prohibits discrimination on the grounds of gender identity or expression. Organizations have a duty to accommodate and must provide a bona fide justification for differential treatment, such as restrictions on competition or exclusion on the basis of gender identity or expression. Additionally, section 15 of the Charter guarantees equality rights for everyone.

• Start by including. Athletes should be able to compete in the competitive category in which they identify, and best reflects their sense of self.

• Respect the right to privacy. A person’s trans identity and history is their personal information.  Participants should not be required to disclose this information unless there is a bona fide justification for doing so.

• Create a culture of inclusion. Administrators, coaches, officials, staff, and volunteers should support an athlete’s competitive category selection. 

• Harassment and maltreatment will not be tolerated. Openly contesting or challenging an athlete’s competitive category should be addressed as maltreatment or harassment under an organization’s discipline policy, code of conduct or through the UCCMS.

• Each sport is unique. The technical requirements and performance landscape are different for each sport. There may be objective eligibility criteria (e.g. weight or age) that could be applied equally that do not disproportionately impact one group.

• Sport context is important. Sport takes place in different contexts, for different purposes, and at different levels. Youth, community, recreational, and elite sport are not all the same. Youth, community, and recreational sport should not restrict trans and gender-diverse participants. High-performance sport may require eligibility criteria, but these must be reasonable and bona fide.

• Sport is multi-jurisdictional. Eligibility and sanctioning for many competitions are determined by an international federation or other third-party organization. This includes entry standards, qualification criteria, and eligibility rules, including for trans and gender-diverse participants. In most cases, for an athlete’s performance to be considered for national or world records, they must meet international federation eligibility requirements.

• Participants must be informed.  Trans and gender-diverse sport participants need to be informed of the rules and regulations with respect to the participation and eligibility of trans and gender-diverse athletes in a particular competition. The rules under which a competition will be held should be clearly stated in team selection criteria, entry standards, etc.

• Rely on evidence. Significant scientific research has been done on trans and gender-diverse participation in sport. Sport organizations should ensure policies on trans and gender-diverse participation are based on the best available evidence.

• Education is key. Misinformation is rampant on the issue of trans and gender-diverse inclusion. Concerted efforts must be made to cut through the noise and educate to ensure a welcoming and safe sport environment where everyone can be their authentic self. The Government of Canada provides funding to the Canadian Centre for Ethics in Sport to develop guidance specific to youth, community, and amateur sport environments: “Creating Inclusive Environments for Trans Participants in Canadian Sport - Guidance for Sport Organization”

• Participants and other stakeholders must be consulted.  As trans and gender-diverse policies are developed, all participants, individuals with lived experience and other stakeholders must be meaningfully consulted and engaged.

• Have a dignified and fair eligibility process.  There should be a clear and respectful process for athletes to establish their eligibility for competitions with additional or different requirements for trans and gender-diverse athletes.  Athletes should be afforded confidentiality and dignity.

There must be a path forward for sport in Canada where the integrity and fairness of sport categories are preserved, while at the same time, rights are respected and everyone is included.

It is dangerous to generalize and misinform.  It is harmful to hide behind ideology and ignore science and evidence.  It is unfair to pit groups against each other under the guise of “unfair advantage” or “safety risk.”

As more trans and gender-diverse children, youth and adults bravely choose to participate in sport, we owe it to them to provide safe, inclusive and welcoming sport opportunities and experiences.