Bill C-279
An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity)
Sponsor
Randall Garrison NDP
Introduced as a private member’s bill. (These don’t often become law.)
Status
First Reading
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Elsewhere
All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.
Votes
- March 20, 2013 Passed That the Bill be now read a third time and do pass.
- March 20, 2013 Passed That Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression), {as amended}, be concurred in at report stage [with a further amendment/with further amendments].
- March 20, 2013 Passed That Bill C-279, in Clause 1, be amended by adding after line 21 on page 1 the following: “(2) In this section, “gender identity” means, in respect of an individual, the individual’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex that the individual was assigned at birth.”
- March 20, 2013 Passed That Bill C-279 be amended by replacing the long title on page 1 with the following: “An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity)”
- June 6, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.
The House resumed from March 7 consideration of Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression), as reported (without amendment) from the committee, and of the motions in Group No. 1.
David Sweet Ancaster—Dundas—Flamborough—Westdale, ON
Mr. Speaker, I have a petition from hundreds of constituents who have serious concerns about Bill C-279. They are convinced that all Canadians are fully protected by the Canadian Charter of Rights and Freedoms, the Criminal Code and a legal system that recognizes that every citizen is equal before the law. The petitioners call upon the House of Commons and Parliament to vote against Bill C-279.
Rob Anders Calgary West, AB
Mr. Speaker, I stand today to present, on behalf of thousands of people who sent these to my office, petitions in opposition to Bill C-279, otherwise known as “the bathroom bill”, that would give transgendered men access to women's public washroom facilities. These constituents feel that it is the duty of the House of Commons to protect and safeguard our children from any exposure and harm that would come from giving a man access to women's public washroom facilities. I present thousands of signatures on behalf of the riding in Calgary West, and I know that there are many others that have gone to other members in this place.
Mike Wallace Burlington, ON
Mr. Speaker, I have two petitions I would like to present this morning.
The first petition deals with the House of Commons and Parliament assembled to vote on Bill C-279 and to base future public policy decisions on that.
The second petition from my constituency also deals with Bill C-279.
Legislative Language
Petitions
Routine Proceedings
March 8th, 2013 / 12:15 p.m.
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context
Conservative
Bradley Trost Saskatoon—Humboldt, SK
Mr. Speaker, I have been asked by residents of Burnaby—New Westminster to table a petition that their member of Parliament refused to table.
The petitioners are concerned about the inclusion of subjective terms like gender identity and gender expression in the laws, and they are concerned that these terms are poorly defined.
The petitioners call upon the House of Commons and Parliament to vote against Bill C-279 and to base all future policy decisions and legislative language on objective, measurable criteria.
Jinny Sims Newton—North Delta, BC
Mr. Speaker, it is a privilege today to rise and speak in support of Bill C-279. The bill would add gender identity and gender expression to the Canadian Human Rights Act, section 2, as prohibited grounds for discrimination. It would also amend the Criminal Code to include gender identity and gender expression as distinguishing characteristics protected under section 318, and as aggravating circumstances to be taken into consideration under section 718.2, hate crimes, at the time of sentencing.
However, before I go into more detail on the bill, I want to take a moment to acknowledge the stellar speeches I have heard tonight. My colleague from Charlottetown captured what the legislation is about, but also identified how many of the fears are baseless and that a lot of flames are being fanned to scare people and make them not feel right.
My colleague from Halifax, from a legal point of view, but more from the emotional point of view, very importantly pointed out to us that we are not talking about giving people rights here; we are talking about acknowledging in legislation, laws that we are saying they already have. I have not heard anyone in the House say that transgendered people do not have these protections. Therefore, let us make them explicit by putting them in the Criminal Code and the Human Rights Act.
My colleague also went on to talk about, and we could see it in her presentation, the human toll it takes when we have discrimination and we have a minority group of people in our society who do not feel reflected in law. They have to find a corner that they can hide in or that they can fit in. That is not how we are as Canadians.
I also liked the struggle of my colleague across the way, the member for Calgary Centre North. What was so moving about her presentation was that she identified beautifully the very reason that we need this legislation. She felt, when she heard and read the testimonies, the pain and anguish that some Canadians are going through because of gender identity issues.
After listening to these three members, I cannot imagine anyone in the House being opposed to the legislation. We disagree in the House on all kinds of things, on the budget, on some pieces of legislation, but surely when it comes to fundamental rights and protections for every Canadian, no matter what race or gender, that is one thing we can all agree is fundamentally Canadian and the right thing to do.
My colleague articulated beautifully the struggle that women have had. When we look at history, it was not that long ago that women were not recognized as persons. I challenge anyone in the room to think that we could be sitting in the House as women representing our ridings if that legislation had not been enacted and we had not been recognized as persons. That did not automatically get rid of all the discrimination and all the barriers and glass ceilings that exist. However, what it did do was to open up a pathway, and it took away the greatest barrier, which was to not be recognized at all.
This bill, in turn, would do exactly that. It says to the members of our transgendered community that they are part of this society and they are explicit in our human rights code. They do not have to hide, nor do they have to go looking to see which corner of the human rights code they fit in, nor do they have to see if there is a judge who is going to be favouring looking for a spot or fear a day when the judiciary could turn around and say it is not explicit and cannot be found in here, so they are not covered. It is to avoid that very situation that we have to have legislation like this.
In our human rights code, we identify race, gender and many other things. This bill would add another specificity to the word “gender”. It would identify it to include Canadian society.
I do not know if members are aware, but I was a classroom teacher for a very long time. In that role, one of the things I discovered very early on in my teaching is that for children to be successful in life, they have to see themselves reflected, but they also have to feel themselves protected. When we have transgender young people in our community who do not feel protected explicitly in our law, we leave them vulnerable.
I do not have to explain and draw graphic pictures in words of the kind of discrimination many face. I am not saying this legislation would take it away, but when this legislation is passed, it would send a message to employers and to the very few Canadians who may have a tendency not to be so inclusive and not to be so accepting. There are very few of those in Canada, I find, but when it comes to imposing hurt on a person, one person can do a lot of damage. It is for that reason that we must have this law and this kind of explicit protection in our legislation.
As we sit in here, words are important, and words in legislation become even more important. I heard a colleague today speak from a legal perspective that I had not thought of, describing all the different areas the different judges have had to explore to see where discrimination on gender identity and gender expression could be covered under the human rights code. They actually have to struggle to find those areas, and if they have to struggle to find them, our human rights code needs to be made more explicit.
Once again I acknowledge the wonderful speeches made by my colleagues from Halifax and Calgary Centre—North and the emotion and empathy I heard from my colleague from Charlottetown. I am sure her colleagues on that side of the aisle heard the pain that she experienced as she chose her words very carefully and will see that it is time for this House of Commons to take action.
It would be fitting if we could all vote for this measure unanimously, especially when we are on the eve of International Women's Day. We would celebrate the fact that we have enshrined those rights into our legislation and into human rights.
I appeal to my colleagues across the aisle to vote for this unanimously. I know they are going to, because they are very caring Canadians.
Raymond Côté Beauport—Limoilou, QC
Mr. Speaker, it is a great privilege and pleasure for me to speak this evening about the hon. member for Esquimalt—Juan de Fuca's bill, particularly since I had the pleasure of examining and fine-tuning it with my Standing Committee on Justice and Human Rights colleagues.
It was a very intense experience. We had to establish the parameters for the debate on the bill, which seeks to amend the Criminal Code and the Canadian Human Rights Act.
First, it is important to point out that gender identity and gender expression are basically a state of being, or in other words, something that cannot be fully explained outside the personal experience of the individual in that state.
I am well aware that some of my colleagues are somewhat reluctant to deal with differences related to gender identity and gender expression. They may even feel uncomfortable or unable to do so as a result of their own personal experiences.
I would like to use my own experience growing up as a heterosexual in a very common family situation as an example. Like any individual in our society, at some point I had to deal with my gender identity and gender expression. We have no choice about this state of being. We cannot really change it and we have to live with it, yet we still have to make decisions dictated by societal conditions and our ability to deal with those conditions.
From this perspective, for certain groups in our society, it may be difficult, if not practically impossible, to deal with one's gender identity and expression and the decisions associated with that without a certain amount of suffering and a feeling of helplessness.
I would like to come back to my personal experience. I am 46 years old, and I had my late father as a role model. If he were still alive, he would be 80 years old. He was a man from a certain era who quietly shouldered his responsibilities, keeping many questions and doubts, as well as his share of heartache, to himself. That was the example I had, and I had to decide whether or not to follow it. I also had to determine how far I was prepared to go and how much of his legacy I was prepared to accept.
That sometimes put me in uncomfortable situations as a heterosexual. It can be difficult to be at ease with being a man. We are told that real men do not cry, that they shoulder their responsibilities, that they should take their place in society, get a job, have children and have a nice little family. Having to conform can be a heavy burden, especially as society evolves. We experienced that in Quebec, with the upheaval of the Quiet Revolution.
Sometimes, our grandparents' reference points, which seemed to be set in stone, are jarred or even swept away by compelling movements that force people to question themselves and face a reality that is completely different from everything they have every known.
We all experience frustrations in life. Some people, however, not only experience frustrations, but also face suffering because of conditions in society and repression by intolerant groups that have no place in a society that prides itself on freedom and on giving every individual an equal opportunity and an equal place in society.
We should not hide the fact that the testimony we heard in the Standing Committee on Justice and Human Rights was shocking. I would like to repeat part of what the member for Calgary Centre-North said. At times, we were outraged and at times we were simply pained by their stories. I cannot describe how it felt to hear people testify about the humiliation they endured in everyday situations that I, as a heterosexual man, could never have imagined.
At times, an overwhelming sense of outrage came over me, and I had a hard time accepting the systematic obstruction, the underhanded attempts to obstruct the committee's normal work in order to gain the upper hand in this debate.
All of my colleagues in the House will agree that human dignity is non-negotiable. It is very simple. I would even add that the sanctity of human life is something we value so highly—at least we should—that we cannot put a price on defending it. We must never tolerate pettiness or compromise.
I have spoken about my faith before, and I want to share some of the Catholic Church's social doctrine. It very clearly states that every human being has the unalienable right to exist and to have dignity within society. That represents a tremendous challenge, because it means that we must allow the right to be different, the right to a certain degree of dissidence, the right to go against the established norm and the right to go against the stream.
This also means that people like me, who have the privilege to have a favourable—even comfortable—place in society, must make concessions. I am very pleased to be able to reach out to a group in our society whose rights are too easily violated and to offer them some progress. It may not be perfect, but it is still progress.
With respect to the work in committee, it is no secret that transgender and transsexual individuals too often face problems with the courts. I do not want the courts to determine their rights. That is my role and my duty as legislator, and that is what I want to do, here in this House, with Bill C-279.
Canadian Human Rights Act
Private Members' Business
March 7th, 2013 / 5:55 p.m.
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Calgary Centre-North
Alberta
Conservative
Michelle Rempel Parliamentary Secretary to the Minister of the Environment
Mr. Speaker, I speak today to Bill C-279. I would like to thank the member for Halifax for some of her comments here today.
I have had the privilege of representing constituents in Calgary Centre North for nearly two years now. In this time, I have had the opportunity to review many pieces of legislation and debate both their merits and their flaws. As I have done so, I have been struck that oftentimes, we have to evaluate two components of legislation: the why of the bill and the how of the issue. Many times we disagree, sometimes vociferously, about the why. We have differing political ideology, thoughts on how public policy should be best utilized and thoughts on how this country should be governed. It is in this context that I first speak to the why of this bill.
After reading testimony from witnesses during this iteration of the bill and in the last Parliament, and after consulting with those who work with members of the trans community and members of the community itself, I am frankly shocked by the discrimination this group of people faces.
The member for Esquimalt—Juan de Fuca and witnesses to this bill at committee, and indeed members here today, have given this House so many examples that I cannot reiterate them. Suffice it to say that I would offer that the summary of evidence could read as follows: the trans community in Canada has, on frequent occasions, experienced elevated levels of sexual violence committed against members; frequent workplace discrimination and job loss based on gender; lack of clarity on health care provisions and sometimes access to health care; lack of clarity on processes related to obtaining identification documents; bullying in places of employment and educational institutions; discrimination in accessing housing accommodation; and numerous other incidents of discrimination.
Most importantly, they live with the consequences of these acts of non-compassion, of false assumptions that, simply by virtue of their state, they are sexually promiscuous, or more ludicrously, that they are criminal. In this, the trans community experiences very high levels of both depression and suicide. This is not acceptable to me, and this is the why of this bill. It is my hope that no one in the House, either on this side or the other side, could read the testimony, could talk to people in the community, and argue that this is acceptable or tolerable in our country.
The question set upon us as legislators is the how. How do we prevent these situations from occurring?
I have spent a lot of time on the how. I found that this bill seeks to address the how by addressing the following assumption, using the language of the member for Esquimalt—Juan de Fuca during the bill review at the Standing Committee on Justice, that “transgendered Canadians do not enjoy the same protection of their rights as other Canadians”.
This is a very serious charge that is worthy of study, as the ideas and values that are the heart of how our country operates, the freedoms it affords to all groups to worship without persecution, to seek prosperity in one's field of work, to choose whom we love, and to speak with conviction on issues that impact our communities, are all based on the assumption that Canadians have equality of rights in freedom of expression and can do so without the threat of discrimination or violence to their person. However, to assess whether this bill provides an adequate how, I first evaluated the validity of this assumption.
The member for Esquimalt—Juan de Fuca had an exchange with the member for Edmonton—St. Albert at justice committee about this assumption. The member for Edmonton—St. Albert said:
Except now that the Canada tribunal has emphatically stated that there is no longer any doubt, I would suggest to you that your first hurdle has been cleared by precedent... There is now case law that supports the proposition that individuals who have a genuine gender identity disorder are entitled to human rights protection.
There have been numerous examples given in the House and at committee of case law that shows that this provision exists. I understand the member for Halifax when she says that she wants to see herself in that human rights bill. The case law does exist to show that it is there.
Mr. Ian Fine, the acting secretary of the human rights commission, stated the following, “the commission, the tribunal, and the courts view gender identity and gender expression as protected by the Canadian Human Rights Act”. Having said that, he also stated that “adding the grounds of gender identity and gender expression to the [Canadian Human Rights Act] would make the protection” of the transgender community explicit. The rationale that he stated for this necessity was as follows: “This would promote acceptance and send a message that everyone in Canada has the right to be treated with equality, dignity, and respect”. I do not disagree with the latter part of that statement. It gave me quite a bit of pause for thought, and that has been at the heart of my deliberations on the bill.
It could be argued that this is contradictory in some regard. Mr. Fine previously made a statement that the tribunal, the commission and the courts do view gender identity and expression as protected by the Canadian Human Rights Act, and that somehow even though this protection exists, it does not send enough of a message to Canadians on this issue. While this contradiction may be well intentioned, I feel there are many examples where serious issues arise when legislators equate symbolism with social action or when we inadvertently dilute the role of social activists by being reactive to an issue with legislative symbolism.
The member for Halifax has my playbook because she stole my speech on International Women's Rights Day. I would like to speak on the social action process for the struggle for female gender equality.
Even after laws were passed to enshrine women's gender equality within our laws, the member is right; we did not see those changes happen overnight. In fact, lawsuits still had to be fought and won, offenders had to be charged, battles had to be waged to change workplace codes of conduct, and awareness training programs had to be crafted. I would like to highlight that in the British parliament, even after women had been elected, as little time ago as 1993, a woman in this place did not make it to a vote because she could not find a bathroom.
I have also stood in the House to highlight that sexism does happen with frequency in this country in spite of these laws. I am not trying to imply that the struggle for trans rights is directly concurrent with the struggle for women's rights, but in my deliberations on the bill, I found there is a burden of evidence which suggests that case law does exist to provide the trans community with protection under the law against discrimination and violence. Here is my concern. In this fact, the how of this legislation may not achieve the ultimate solution to the why, in that it may place too much of an emphasis on symbolism over direct social action.
As always, the member for Halifax makes a very compelling argument.
A question that I have struggled with in evaluating the validity of the bill is what guidance we, as legislators, are truly giving judicial organizations in how to carry out the intentions of Parliament in this regard. The way the term “gender identity” is defined in the preamble of the bill, even with the amendments, played a large part in my decision to vote to study the bill further. I am still not entirely clear on how parliamentarians, the human rights tribunal, criminal courts, sentencing judges and the broader community at large will be required to interpret this term.
I am also not clear on the following key issues. What constitutes the scope of discrimination against someone based on his or her gender identity in the eyes of my colleagues, as legislators, of members of the trans community and the courts? What kind of speech based on someone's gender identity could be considered hate propaganda? What does it mean in defined terms to have a bias based on a person's deeply held internal and individual experience of gender?
Admittedly, the evaluation of this legislation has been very difficult for me because I believe that the why it presents is concerning. Any time we as parliamentarians are faced with clear situations where fear of differences or lack of awareness allow hatred to mushroom, we have to take note and ask ourselves what role we play in breaking down these barriers. This legislation has opened my eyes to the plight of a group of people in this country who experience extreme discrimination. Both sides of this debate should agree that equality and protection against harm are two fundamental values that all Canadians of any gender, any age, any background are entitled to.
However, as legislators we are also tasked with deciding if the proposed legislation is sound. Given the lack of clarity that I found in the bill, I do have concern about its viability and if the how will achieve what the community and Canadians hope for in addressing the why.
Sean Casey Charlottetown, PE
Mr. Speaker, I am honoured this evening to speak to Bill C-279, a bill that seeks to extend the scope of human rights legislation to include transgendered Canadians. I applaud the members who have led the charge in this regard, including the member for Vancouver Centre, the member for Burnaby—Douglas, as well as the member for Esquimalt—Juan de Fuca in whose name this bill resides.
I will summarize briefly the thrust of the bill. Bill C-279 seeks to amend the Canadian Human Rights Act to add gender identity as prohibited grounds of discrimination. This is important because today, when transgendered individuals seek to allege they have been discriminated against, they have to fit their claim within the definition of either discrimination on the basis of sex or discrimination on the basis of disability. That is the state of the law at present. Bill C-279 also seeks to amend the Criminal Code with respect to hate speech to include gender identity and gender expression in the definition of what constitutes a recognizable group within the meaning of the code.
I support this bill and I do so without reservation. I acknowledge my colleague, the hon. member for Mount Royal, the former Attorney General and justice minister of Canada and an esteemed law professor. His interventions are always instructive. I certainly would not be able to improve upon them, and there are a couple that bear repeating.
The member for Mount Royal stated:
By adopting the amendments that have been proposed in Bill C-279, Parliament can send a strong message of support to transgendered Canadians, affirming their identity and acknowledging their struggles. Indeed, this legislation, again as my colleague from Esquimalt—Juan de Fuca pointed out, ensures that they will enjoy the legal protections accorded to other targeted groups.
The hon. member for Mount Royal went on to dispel the notion we just heard from the member opposite, that existing legislation already covers those who identify as transgendered, when he said:
Some members of the House have argued that Bill C-279 is unnecessary because transgendered people are already protected under the existing categories of sex and disability. With respect, this position is misinformed. First, gender identity and gender expression do not refer to biological sex or sexual orientation. Rather, the terms refer to an inner feeling of being male, female, both or neither. Second, gender identity and gender expression are not a disability. Rather, they are a sense of self and a source of identity. To confound gender identity and gender expression with sex and disability is to ignore the unique experiences of discrimination and disadvantage that are faced by transgendered Canadians.
The member continued:
The Canadian Human Rights Act is more than just an act of Parliament. It is an act of recognition, a statement of our collective values, and a document that sets out a vision of a Canada where all individuals enjoy equality of opportunity and freedom from discrimination.
So in the context of this debate, which has at times been a vigorous debate and at times a debate with moments unworthy of this House, there are some who, contrary to evidence and facts, choose another path to make their case. They choose fear and innuendo, all the while claiming a moral high ground. They claim for themselves exclusivity to that which is right and decent, using language that is hurtful and demeaning. How can anyone claim to be of good heart or claim the virtue of “love thy neighbour” yet reduce this bill to gutter language when they call it “the bathroom bill”? It is an entirely offensive and erroneous implication to suggest that transgendered people would be lurking late at night in bathrooms should this bill pass.
These purveyors of fear and intolerance are often the same people who claim same-sex marriage would lead to the downfall of marriage or that same-sex marriage would lead to rampant polygamy. It was pure nonsense then and it is pure nonsense today.
In contrast to these voices of intolerance, we have the work of organizations like the Canadian Professional Association for Transgender Health. It has done excellent work using facts and evidence as the basis of this debate. This is what it said with respect to Bill C-279 and the so-called bathroom question:
It is also important to recognize that the provisions...will not create new or special rights for transgender individuals, and in particular, it will not change the law with respect to washroom use. Rather, its enactment will explicitly confirm the law’s protection of the safety and human dignity of everyone in Canada regardless of gender identity or gender expression. It will also ensure that gender variant people’s right to participate in, and contribute to, Canadian society and economic life are not hampered by ignorance, prejudice, hatred and violence.
Not too long ago, I had the opportunity to listen to interventions by Conservative MPs, whose passion and thoughtfulness at the justice committee was encouraging. I first acknowledge the member for Delta—Richmond East, now the Associate Minister of National Defence. She should be applauded for her courage in defending the rights of transgender Canadians at the justice committee. One can only imagine her embarrassment, however, when a fellow Conservative MP, a non-member of the justice committee, was sent by the Prime Minister's office for the sole purpose of hijacking the meeting in order to filibuster and prevent this important bill from proceeding through the committee. In the face of this intervention and filibuster, the Conservative member for Delta—Richmond East held firm to her convictions in supporting Bill C-279.
The second individual I would like to acknowledge is the Conservative member for Saint Boniface. She is a rare ray of light in this debate, using reason to construct an argument that is worthy of the House. Unlike the vast majority of her Conservative colleagues, she supports protecting transgender Canadians. Allow me to highlight one quote by the member for Saint Boniface:
To give hope and opportunity to transgendered people through a bill like this, to give them hope in knowing they will have clarity every single time they report, every single time they want to go before a commission or a tribunal, that gender identity means they can be a transgender individual and not have to rely on sex, which to most people means plumbing, or disability, which is not what many of them feel, I think is imperative. I think it's imperative that this move forward. I think it's imperative that we, as Canadians and parliamentarians, embrace the notion that we are inviting other Canadians to feel the sense of belonging that this bill will give them.
The march to full equality is never easy. There will always be voices opposed to progress and to full equality. Those voices of intolerance are now on the fringe of society, where they belong. One need only reflect on a time when women were not allowed to vote and treated like second-class citizens, if even citizens at all, or we think of the great injustice inflicted on black people who struggled and, arguably, still struggle for the justice and equal treatment they deserve by virtue of their inherent dignity, or we think of our gay and lesbian brothers and sisters and how they were treated, so marginalized and shunned. Many of those who oppose same-sex marriage are the same people who now oppose this bill.
Let me close by suggesting this. If the Conservatives use their majority to defeat this bill, they may very well take comfort in the victory of intolerance over justice, but the fight for equality and dignity will continue. Those who are vulnerable to hate speech, marginalization and discrimination in the workplace because they are transgendered will one day, despite the Conservative government, get the protection they deserve as full and equal citizens of this great country.
Canadian Human Rights Act
Private Members' Business
March 7th, 2013 / 5:30 p.m.
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Cypress Hills—Grasslands
Saskatchewan
Conservative
David Anderson Parliamentary Secretary to the Minister of Natural Resources and for the Canadian Wheat Board
Mr. Speaker, it is good to be back today to speak on this issue.
It is interesting to watch the movement on the other side on the bill as those members have brought it back to the House and then desperately tried to amend it in order to make it acceptable to parliamentarians. Now they have moved it up, probably to get the bill into debate and into play before Canadians realize that it is actually here and that Canadians are allowed to ask the questions they have about it.
I want to state, as I did last time, that I am cognizant of the need to protect all Canadians from discrimination and hate crimes. I am proud of the fact that Canada is recognized internationally as a country that is deeply committed to the principle of human rights, but I would argue that the bill does not achieve that end.
As I mentioned last time, I would argue that Bill C-279 is unnecessary. We talked about the jurisprudence around the bill, the fact that the issues are already covered by jurisprudence, and that there is no agreement even at the UN on this issue.
We also spent some time talking about the fact that the main problem with the bill is that it is undefined. It almost seems that there is an attempt to confuse people in the way the bill has been presented.
There were no definitions offered for either gender identity or gender expression. The member has come back now and dropped “gender expression” and tried to redefine “gender identity” in a way that ties it to people's feelings. As I explained last time, that is not adequate, and it seems to have been done deliberately. The author of the bill has already declared the intention that
Once gender identity is in the Human Rights Code, the courts and human rights commissions will interpret what that means.
I think there is a new argument, a new confusion, around the bill. I have heard some people now saying that it is about sexual orientation. However, as we know, the code and the act already cover sexual orientation. They have been included there for some time.
One concern is that the bill is unsettling to people. The author has really refused to talk about or deal with the potential implications and consequences of such wide-ranging and undefined legislation. My constituents, I have to say, do not see this as benign legislation because of the things we just talked about, in particular the fact that there is such a lack of definitional framework to the bill. What I am getting from my riding is that the constituents oppose it, but they do have some questions that I will pose on their behalf.
The first question to the member opposite is this: does he actually believe that there is no one who will try to abuse the situation that would be created by his deliberately vague legislative agenda?
That is what the member seemed to be saying when he spoke, but he has refused to address this criticism in his speech. It remains out there in the public's mind, and I have heard that from my constituents.
Second, especially with regard to minors and adults, my constituents have questions about the power relationship that would exist in what in the past were basically private facilities that would now become very public facilities. They are asking what their obligations and rights would be. The failure to address these issues is really why the bill has become known as the “bathroom bill”. I do not think we can just brush off people's concerns.
The legislation is poorly written, it does not deal with the issue the member addresses and it would give the opportunity for some to take advantage of the situation, as not everyone's motives are selfless. I think we need to be sure. We should not be naive. These questions need to be answered.
We know that the bill is not necessary, as jurisprudence already covers these issues. We know that the bill is not well defined, and that is the major problem with it. It is not well defined even with the amendments. We know that the consequences of the bill are not well understood. Therefore, it is time to defeat this poorly researched, poorly written and poorly presented bill.
