Bill C-494 (Historical)

An Act to amend the Criminal Code (gender identity and gender expression)

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Bill Siksay  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of Dec. 11, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to include gender identity and gender expression as distinguishing characteristics protected under section 318 and as aggravating factors to be taken into consideration under section 718.2 at the time of sentencing.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Criminal CodeRoutine Proceedings

December 11th, 2007 / 10:05 a.m.
See context

NDP

Bill Siksay NDP Burnaby—Douglas, BC

moved for leave to introduce Bill C-494, An Act to amend the Criminal Code (gender identity and gender expression).

Mr. Speaker, I am pleased to table, also seconded by the member for Vancouver East, a private member's bill entitled “An Act to amend the Criminal Code (gender identity and gender expression)”.

The bill would add gender identity and gender expression as distinguishing characteristics protected under hate propaganda section 318 of the Criminal Code.

The bill would also add gender identity and expression as aggravating factors to be considered at the time of sentencing of an offender under section 718.2 of the Criminal Code.

Transgender and transsexual people are regularly victims of abuse and harassment, and physical violence. The bill would ensure that transphobic violence against transgender and transsexual people is clearly identified as a hate crime by addressing the lack of explicit protection for transsexual and transgender people under the current hate provisions of the Criminal Code.

It would also allow judges to take into account whether crimes committed were motivated by hatred of transgender or transsexual people when they are determining the sentence of an offender.

Including gender identity and expression in the hate provisions and the sentencing provisions in the Criminal Code would send a strong signal that violence targeting people for their gender identity or expression will not be tolerated in Canada.

(Motions deemed adopted, bill read the first time and printed)