Thesis Format
Integrated Article
Degree
Doctor of Philosophy
Program
Sociology
Collaborative Specialization
Transitional Justice and Post-Conflict Reconstruction
Supervisor
Ballucci, Dale
Abstract
Through an analysis of Canadian court decisions, tribunal decisions, and correctional policies, this dissertation explores some of the barriers to the ideals of gender self-determination. While existing research highlights the limitations of legal human rights frameworks in addressing the material and structural inequalities faced by trans and gender nonconforming people, more research is needed to interrogate the social, cultural, and legal mechanisms that regulate and erase trans identities. This dissertation addresses this critical gap in the Canadian context. Drawing on insights from critical queer, intersectional feminist, and trans scholarship, this dissertation builds on Foucault’s (1981) concept of institutions of power and introduces the novel theoretical framework of sex as an institution of power. I argue that sex as an institution of power represents the underpinning foundation through which biological essentialism and cisnormativity gain their regulatory power. By reconceptualizing sex as a powerful institution of the state and a decentralized authority, this dissertation offers new insights into how sex and sex-based distinctions are culturally and legally validated, while gender identity and expression are dismissed as secondary constructs. Following an integrated-article dissertation format, three discrete yet related studies critique the regulatory power of sex across various legal and administrative domains—most prominently human rights and corrections. Building dialogically upon one another, these studies reveal the underlying rationales through which decision-makers and everyday individuals actively obstruct gender self-determination. By clarifying and critiquing many of the nebulous claims surrounding gender nonconformity, this dissertation offers critical contributions to the growing body of scholarship and activism advocating for transformative social change—not only in law, but in our everyday lives.
Summary for Lay Audience
In every Canadian federal, provincial, and territorial jurisdiction, the terms “gender identity” and/or “gender expression” are now included as protected categories in human rights legislation. This means that trans and gender nonconforming people are now legally entitled to protection from discrimination and hate speech. This is considered to be a win among mainstream advocates who believe that these laws bring us one step closer to gender self-determination (i.e., the choice to define your own gender). However, many scholars and activists argue that legal rights alone do not always translate into meaningful change. Trans people still face medical, legal, and bureaucratic obstacles to having their lived gender acknowledged. Even more concerning, despite these legal protections, hostility toward trans inclusion is growing, especially in areas such as correctional facilities, sports, and schools. This research project seeks to fill a gap in Canadian literature by examining how trans rights are challenged or denied in Canada. Rather than focusing on the outcomes of legal decisions, this dissertation analyzes the language used by individuals—whether correctional officers, lawyers, or everyday people—who seek to limit trans rights. Through an examination of Canadian court cases, tribunal decisions, and correctional policies, this research reveals how sex, as a legal and cultural category, is used to justify the exclusion of trans people. I introduce the concept of sex as an institution of power to explain how the social authority provided to sex continues to control people’s gender identities and expressions. By exposing how these ideas are upheld in law and our everyday world, this dissertation highlights the structural, systemic, and cultural barriers that prevent full gender self-determination. Ultimately, this research challenges us to rethink how sex and gender are regulated—not just in legal systems, but in everyday life.
Recommended Citation
Ghebrai, Sam, "Dismantling Sex as an Institution of Power: A Trans-Informed Critique of the Regulatory Power of Sex in Canadian Law and Society" (2025). Electronic Thesis and Dissertation Repository. 10893.
https://ir.lib.uwo.ca/etd/10893
Creative Commons License
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