Building justice from data

JusticeTrans

With their new research report on Two-Spirit, trans, non-binary, and gender non-conforming communities across the country, JusticeTrans is improving access to justice one data point at a time.

What do you do when you know problems are happening in your community, but no “official” data supports this?

You might know firsthand what’s happening, but there’s little data you can lean on to support your perspective. And you know you are not alone in your experience. Many others might be dealing with different fallout from these problems – and maybe they have it even worse.

But for those who aren’t in your community, who aren’t experiencing the problems themselves, the issues might be totally invisible.

Organizations serving Two-Spirit, trans, non-binary, and gender non-conforming communities face this reality daily.

Based on the 2021 Census, 1 in 300 people in Canada (100,815 of 30.5 million) ages 15 and older self-identify as trans or non-binary.^{Footnote 1}  While it may seem like a small number, that’s more than the population of Saskatoon. Despite this, there are many gaps when it comes to data on Two-Spirit, trans, non-binary, and gender non-conforming communities.

So, what do we know?

Studies have shown that trans and non-binary individuals are more likely to experience underemployment, even with high levels of education.^{Footnote 2}  Trans and gender-diverse people are 1.5 times more likely than cisgender people to face physical or sexual violence.^{Footnote 3}  In fact, 80% of the 45 police-reported hate crimes targeting trans or agender people between 2010 and 2018 involved violence.^{Footnote 4}  And of 2SLGBTQI+ communities in the United States, the United Kingdom, and Canada, Two-Spirit and trans communities are more highly represented among 2SLGBTQI+ communities experiencing poverty.^{Footnote 5}  These communities also experience workplace harassment,^{Footnote 6}  discrimination in healthcare,^{Footnote 7}  and mental health issues at higher rates.^{Footnote 8}

In many ways, Canada’s existing body of research raises more questions than answers. Several milestone legal advances for trans communities have been made over the last several years, including the ability to change names and gender markers on identity documents, and gender identity and gender expression becoming protected groups in the Canadian Human Rights Act. With these achievements in mind, it seems like statistics surrounding the experiences of trans communities across the country should be far less alarming.

For organizations like JusticeTrans, a nonprofit serving Two-Spirit, trans, non-binary, and gender non-conforming communities in Canada, the gaps between what should be happening and what is actually happening are a reality of their work.

“We’re aware that on the ground, there are still a lot of problems,” says Pierre Cloutier de Repentigny, co-chair of JusticeTrans. “But we didn’t necessarily know what was in the middle – between the problem and the law itself. What was not connecting.”

To help solve these problems, JusticeTrans had to know what they were. Equipped with funding from the 2SLGBTQI+ Community Capacity Fund by Women and Gender Equality Canada (WAGE), that’s just what JusticeTrans set out to do.

Broadening access to justice

JusticeTrans’ mission is to improve access to justice and provide accessible legal education to gender-diverse communities, as well as challenging transphobic policy and advocating for community-based transformative social justice.

They create these resources with diverse trans identities in mind. This is a priority from the inside out – JusticeTrans’ team is fully made up of individuals who identify as Two-Spirit, trans, non-binary, or gender non-conforming.

At first, JusticeTrans’ work centred on making legal resources for trans communities more accessible. But over time, JusticeTrans’ goals grew broader.

“The Access to Justice project funded by WAGE came about at a transition time for the organization,” explains Pierre.

JusticeTrans wanted to expand their definition of “accessing justice” for trans communities. With a broader perspective on what justice might mean, they could develop programming, workshops, and better solutions for trans folks at the individual level.

Capacity is crucial

JusticeTrans’ project was made up of two components.

The first was capacity-building. Capacity-building funding is an integral part of making sure organizations can accomplish the work they set out to do.

For JusticeTrans, their capacity work included administrative training and improving their research abilities. Strengthening these abilities has allowed the organization to grow in strength and independence.

“Increased access to capacity funding diversifies the amount of organizations offering services to the queer community,” says Pierre. “It really allows for more voices and different types of work to enter the field and to assist people.”

Researching diverse realities

The second part – the “core” of the project – consisted of what is called a “legal needs assessment.” JusticeTrans needed additional research on the diverse realities that exist within their communities.

This concept became a survey made up of multiple-choice and open-ended questions on trans and gender-diverse individuals’ experiences involving the law.

“The questions were about the type of legal issues they faced – when they faced them, how did it go, what they tried to do – and if they didn’t do certain things like access a lawyer, why didn’t they?” says Pierre.

To gather this information, JusticeTrans created a network of organizations serving trans communities in some capacity across the country.

“It allows us to build...mutual support. As a national organization, we can offer certain things to smaller organizations, and vice versa – they are able to offer us information and direct contact with the community,” Pierre reflects.

JusticeTrans collected over 700 answers from people who self-identified as members of Two-Spirit, trans, non-binary, and gender non-conforming communities across the country. They then selected 60 people from this sample to dig deeper.

“We tried having a sample that represents various populations – ensuring that some of those people were Indigenous, Black, disabled, Francophones, and Anglophones – as well as regional representation,” says Pierre.

Their findings became the foundation of a research report that provides readers with a current look at the realities of trans communities in Canada. This research is an important step towards transforming the justice system into one that is equal for all.

“Being able to produce the data that demonstrates what 2STNBGN people’s most common legal issues are, and what our most common difficulties with the legal system are, provides the platform to begin to transform the legal system to be more accommodating of our needs and experiences,” says Tai Jacob, former Executive Director of JusticeTrans and project lead.

Reflecting on the project, Pierre’s main source of pride is simple – the fact they were able to pull it all off.

“It was a very ambitious project,” says Pierre. “The fact that we were able to do this in basically a year and a half is a testimony to the strength and the dedication of our staff in the team who worked on it – to the drive that the community has in trying to solve these problems, support each other, and create solutions for each other.”

Trust and longevity

For Pierre, their hope for JusticeTrans is a future of financial stability and longevity. They’d like the organization to establish itself as a solid and trusted organization that trans communities can rely on. Trust, Pierre emphasizes, is one of the most important elements of their work.

“I think we could have the most interesting project, but if it doesn’t directly serve the community, and if the community doesn’t have that trust in us and are therefore unwilling to participate and work with us on those things, it’s all for nothing,” they note.

When it comes to the future of Two-Spirit, trans, non-binary, and gender non-conforming communities in Canada, Pierre’s goal is simple: a peaceful existence.

“It sounds very simple, but that’s literally what most people want: to exist within society and behave as everyone else does – and not have to worry about their safety or not being able to get a job because of their differences,” says Pierre. “We want to exist like everyone else, without fear of repercussions.”

Associated links

• JusticeTrans
• 2STNBGN Perspectives on Access to Justice: A Legal Needs Assessment