Bill C-389 (Historical)

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

This enactment amends the Canadian Human Rights Act to include gender identity and gender expression as prohibited grounds of discrimination.
This enactment also 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.

Canadian Human Rights Act

[Bill Siksay, NDP, Burnaby—Douglas, BC]

moved that Bill C-389, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression), be read the second time and referred to a committee.

Mr. Speaker, I am very proud to begin debate on my private member's bill, Bill C-389, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression).

I wish to thank the members of Parliament who have seconded the bill, the NDP members for Halifax, Windsor—Tecumseh, Hamilton East—Stoney Creek, Toronto—Danforth, Vancouver Kingsway, Vancouver East, Sackville—Eastern Shore, Nanaimo—Cowichan and Trinity—Spadina; and Liberal members for Yukon, Don Valley West and Toronto Centre. The trans community and their families, friends and allies appreciate their support for this initiative as do I.

The bill is about explicitly ensuring full human rights protection in areas of federal jurisdiction for transgender and transsexual Canadians. It does that by adding gender identity and gender expression to the list of prohibited grounds of discrimination in the Canadian Human Rights Act, and in the sentencing and hate crime provisions of the Criminal Code of Canada.

This is the first time gender identity and gender expression have been debated in the Canadian Parliament. It is a historic debate that is overdue. The actions proposed in this bill are also overdue.

This is a debate that will take place without the direct participation of trans people because at this time there is no openly trans member of Parliament. I feel their absence acutely at this moment. Not having someone who can speak directly and personally to the experience of being trans will mean that important things will remain unsaid and other points will be made awkwardly.

It will be a day to celebrate when an openly trans person is first elected to the House. It will be another step toward ensuring that the House of Commons is truly representative of the diversity of Canadians.

What is gender identity and gender expression? Who are transgender and transsexual people? Gender identity refers to an individual's self-conception as being male or female, their sense of themselves as male or female. Gender expression refers to how a person's gender identity is communicated to others through behaviour, speech, dress or mannerisms.

Transsexuals are people whose gender identity differs from their biological or birth sex, and who seek to live permanently as the gender other than their biological sex. Most often transsexuals seek medical interventions such as hormones and surgery to make their bodies congruent with their sense of their genders. A transition process which is known as sex reassignment or gender reassignment is engaged.

Transsexual individuals describe their experience in this way. Before transitioning it is like never being able to go home, even while knowing exactly where home is. For some it is the clothes and social gender role. For others it is the body and whether it betrays who we are constantly, every minute, so that no matter how hard we try, we are always lying. There is a great fear and anxiety of accidentally giving oneself away leading to a permanent self-vigilance and second guessing, lest some spontaneous random act gives us away. For some this becomes a constant hiding and cutting oneself off from others.

Transgender people may live part-time or full-time as members of the other gender and they may live in a way that combines or blends genders or they may exhibit characteristics of neither gender. They include cross-dressers, transvestites, drag queens, drag kings, androgynous people, by-gendered people or gender queer people.

It is estimated that in western countries there is about one transsexual in 10,000 for biological males and one in 30,000 for biological females. It is also thought that as many as 2% to 3% of biological males engage in cross-dressing at least occasionally.

Because the life experience of trans people challenges the assumption that one is either male or female and because that has been in our society a central assumption of human experience, they are regularly subjected to discrimination, prejudice and violence. They face well documented discrimination in the workforce, housing, health care, and in obtaining services. Obtaining appropriate identity documents are often extremely problematic.

Trans people face significantly higher rates of violence including sexual assault and murder. That violence is often over the top when compared with the violence faced by women and other minorities.

This is clearly a manifestation of trans phobic violence. Each year in November Transgender Day of Remembrance commemorates the many trans people who experience violence even to the point of death.

Trans people have always been part of our communities and are known across most cultures. First nations and Inuit people often recognize trans people as having special gifts and insights. In western culture, Christine Jorgensen became one of the most famous transsexuals in the early 1950s.

In recent years the roles of trans people, particularly drag queens, in the start of the modern gay liberation movement has been celebrated. It is clear that drag queens led the patrons of the Stonewall Inn to fight back against police harassment in the historic events in New York in 1969.

Trans people have organized support and political action groups in almost every city in Canada regarding issues of human rights, health care, education and ending violence. In my home community, the Trans Alliance Society vigorously pursues this work.

What was the origin of this bill? Back in 2004, two students from Carleton University's School of Social Work, Corie Langdon and Chris Boodram, undertook a trans legislative needs survey with the support of Transgender Canada, the Ethics Institute of Canada, Gender Mosaic, Egale Canada and Svend Robinson. They found that participants in their survey, who were mostly from the Ottawa area, experienced high incidents of verbal harassment, 74%; intimidation, 54%; hate propaganda, 41%; attempted assault, 38%; and physical assault, 32%.

Participants also experienced significant levels of discrimination in housing, employment and services including unwelcome comments at work, 43%; unwelcome comments in living accommodations, 32%; and discrimination in bars, restaurants, schools, universities and colleges, each at 32%. Langdon and Boodram suggested that the changes proposed in the bill we are debating today would meet both the personal expectations of the participants for human rights protection and provide an appropriate legislative agenda to address those concerns.

Their evidence has been supported by more recent studies. In Canada, Egale Canada's national climate school survey showed that 95% of trans students felt unsafe at school, compared to one-fifth of non-trans students, and 9 of 10 trans students reported that they were verbally harassed because of their gender expression.

The trans PULSE study in Ontario as well as the personal and professional experiences of members of the Canadian Professional Association for Transgender Health are consistent with the findings of the national transgender discrimination survey, which was released last November in the United States. That study showed that 47% of trans people had been denied employment due to their gender identity or expression; 44% were denied a promotion; 23% were fired, and 97% had experienced workplace harassment. High levels of assault were reported as well as significantly low income levels and housing stability. Again, related to the negative impacts of discrimination.

When I was elected in 2004, in my capacity as NDP gay, lesbian, bisexual, transgender and transsexual issues critic, I undertook a series of consultations with the trans community. In person consultations were held in Ottawa, Toronto and Vancouver, and there was a vigorous email consultation with others across Canada. Those consultations confirmed that amending the Canadian Human Rights Act, to include gender identity and expression as prohibited grounds, was the key priority for the community. With similar amendments to the sentencing and hate crime provisions of the Criminal Code, they also ranked very high. As a direct result of the consultations, legislation was drafted and tabled leading directly to today's Bill C-389.

Other jurisdictions have been moving on these issues. In Canada, the Northwest Territories is the only province or territory to explicitly include gender identity as a prohibited ground of discrimination in law. The cities of Vancouver, Toronto and Ottawa have policies protecting transsexual and transgendered people, and Vancouver most recently has moved to amend its workplace harassment policy.

In many provinces trans people have succeeded in defending their rights using the existing grounds of sex and disability. While it is positive that decisions favourable to trans people have been made using these categories, it is clear that discrimination based on gender identity is different than that based on sex. It is equally clear that having a different experience or understanding of one's gender than the majority is not a disability. For these reasons a number of human rights commissions, including the Canadian Human Rights Commission, have supported including gender identity as a prohibited ground of discrimination in law.

Including trans people explicitly in human rights legislation can have a profound effect. A trans person makes the point this way saying, “How can I feel part of society if I cannot point to human rights legislation and say, there, I'm included”.

In the United States, in October 2009, President Obama signed into law hate crimes protections for trans Americans. The U.S. Congress is currently considering an employment non-discrimination act that names gender identity as a prohibited ground of discrimination.

Also in the United States, 13 states, the District of Columbia, and 109 cities and counties have non-discrimination laws and hate crimes laws that are trans inclusive.

Canada has supported human rights protection for transgender and transsexual people internationally.

In June 2008, with Canada's support, the General Assembly of the Organization of American States adopted a resolution on human rights, sex orientation and gender identity.

As well, Canada is a signatory, with 67 other countries, to the draft text of the United Nations Statement on Human Rights, Sex Orientation and Gender Identity.

Many organizations in Canada have taken steps to support transgender and transsexual people, and to end the discrimination they face. Trade unions and the CLC have been significant leaders in this effort. A number of religious organizations have also been at the forefront. Human rights organizations, like Amnesty International, recognize the need to protect trans people. Egale Canada and PFLAG are also strong advocates. Many large Canadian corporations have also accommodated trans people in their policies, as well.

What are the arguments against not proceeding with these changes?

In recent years there has been some criticism of the human rights framework we have developed in Canada and of hate crimes legislation. That may be a debate in which we need to engage. However, I believe that we should not engage that broader debate at the expense of including transgender and transsexual people in the existing human rights framework in Canada.

There is a system in place. There is a group that is not included that faces significant discrimination in our society. We should amend the existing legislation to include them and then, if necessary, engage the broader general debate about human rights and their protection.

I believe that Canada is well-served by the current human rights regime that we have in place in Canada, and I certainly would not be one of those who advocates for changing that system, but it is a broader debate that we could engage. However, I do not think we should do that at the expense of including transgender and transsexual people in the provisions of our human rights regime.

As well, issues about the use of bathrooms and other gendered spaces often come up when human rights protection for trans people are discussed.

The fear is raised that by ensuring the right of trans people to express their gender identity will make it impossible to ensure the security of gender-specific washrooms and locker rooms. Fears are raised that it will be impossible, for instance, to prevent a heterosexual man from disguising himself in order to harass, or worse, women in a women's bathroom.

Nothing could be further from the reality of this kind of legislation to protect gender identity in expression. In fact, in the United States, there have been no incidents, not one, of the inappropriate use of washrooms as the result of protecting trans rights.

The security of a washroom is currently protected by, and will continue to be protected by, criminal sanctions against those who behave inappropriately, who harass, or who assault washroom users. I believe that the bathroom issue is a red herring in the debate on trans rights.

Clearly, there is a need for this legislation. There is no doubt about the prejudice, discrimination and violence faced by trans people. There is no doubt that their experiences of gender are part of our human experience, broadening our understanding of gender and exposing our full humanity. There is no doubt that trans people are beloved members of our families, our co-workers and our neighbours, who enrich our lives. There is no doubt that trans people should be able to lead happy, healthy, secure and productive lives. There is no doubt that discrimination and prejudice are costly to any society.

That is why, plain and simple, we need this legislation. We must be absolutely and explicitly clear that trans Canadians are a valued part of our families and our communities.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, since the member tabled the motion, have there been any other concerns aside from the one he outlined related to washrooms.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I thank the member for Yukon for being one of the seconders of this legislation. I know he has a long-time commitment to the full equality for transgender and transsexual Canadians.

Two of the key issues that have been raised concern our human rights framework and the use of gender specific spaces. Other issues have come up around the provision of appropriate health care for trans people but that one for me is an absolute no-brainer. It strikes me that the medical issues that face transsexual Canadians are issues of absolute necessity. Nothing is cosmetic or optional about it for those people. It is absolutely necessary for them to lead a healthy and productive life.

It is not something I have chosen to highlight in this debate. It often is an issue dealt with by provincial jurisdictions since they are responsible for the delivery of health care services. However, it has been an issue in some provinces where trans people have not been fully covered under the provisions of health care programs.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Mr. Speaker, I had a similar experience when I was a city councillor in Toronto. One of my students, who was then George and is now Susan Gapka, had difficulty, when she was transitioning to become Susan, using the washroom that she wanted to use. At that time, the Toronto city council had to decide which washroom she would use. It was difficult because there was no legislative framework for the City of Toronto to make a decision. At the end of the day, however, the city council made the right decision.

If this bill passes through the House of Commons and the Senate and becomes law, will it give guidance to many of the municipalities or provinces, be it medical support or the day-to-day existence for trans people? Will there then be guidelines to enable the federal government to take leadership on this matter?

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I thank the member for Trinity—Spadina for also seconding this bill and for her leadership on these issues here and in Toronto.

I am glad she mentioned Susan Gapka. Susan is one of the leaders of the trans community and her activism is making a huge difference on many fronts for trans people in Toronto, in Ontario and all across the country. I am proud to have worked with Susan on many occasions and look forward to continuing that working relationship in the future.

The initial concerns about washrooms come up when this is a new issue in many jurisdictions and Toronto was a leader in dealing with how to appropriately include trans people in workplaces and communities. As those issues have gone forward and other jurisdictions have dealt with them, it has not become an issue. Washrooms are places we go for a very specific purpose. As long as someone is using that place for those purposes and not creating a disturbance, harassing people or using them as a place to assault people, then there should not be a problem. Once people find out about that, it usually is not a problem.

Somebody's gender identity is not an issue for me. When I am in a washroom, I am not usually looking at the people trying to figure out if they are really men. I suspect the same is true of women in women's washrooms. It simply is not an issue. People would be aware of someone threatening them in some fashion in a washroom and behaving inappropriately. If people are going about their business, it is just not an issue. I think most jurisdictions have figured that out when it comes to implementing this kind of legislation. I think the Canadian Human Rights Commission will help us with it if there are any problems to overcome.

[Sylvie Boucher, Conservative, Parliamentary Secretary for Status of Women]

Mr. Speaker, I am pleased to participate in this debate on Bill C-389, a private member's bill introduced by the member for Burnaby—Douglas. As members of this House surely know, this bill would amend the Criminal Code and the Canadian Human Rights Act to include the expressions “gender identity” and “gender expression”, which would protect individuals against discrimination based on gender identity and gender expression.

I am aware of the need to protect all Canadians against discrimination and against all crimes. I am proud of what our government has done, and what it is still doing to protect all Canadians and Quebeckers. In particular, we introduced tougher mandatory jail sentences for serious gun crimes, and we provided better protection for our children against adult sexual predators, by changing the legal age of consent from 14 to 16.

I am also proud that Canada is known around the world for its belief in the principles of diversity and equality. These principles are enshrined in our Constitution and in our legislation.

In light of this, we have to ask ourselves whether the proposed amendments in Bill C-389 are clear or necessary. They may appear simple, but they could have complex, unpredictable legal consequences.

First, I would like to talk about the actual content of the bill. The bill would amend the Criminal Code by adding the terms “gender identity” and “gender expression” to the definition of “identifiable group” in the provisions on hate propaganda. This would mean that advocating genocide, inciting hatred where such incitement is likely to lead to a breach of the peace or wilfully promoting hatred against a group of persons distinguished by gender identity or expression would be a crime.

The bill would also add “gender identity” and “gender expression” to the non-exhaustive Criminal Code list of aggravating circumstances requiring a judge to impose a harsher sentence. This would mean that a judge could impose a longer than normal sentence on someone who commits a crime motivated by hate or prejudice against persons belonging to these two groups.

Lastly, the bill would add “gender identity” and “gender expression” to the list of prohibited grounds of discrimination in the Canadian Human Rights Act. This act prohibits discrimination on grounds such as race, gender and disability in federal government employment and services.

To properly understand the impact this bill would have, we need to know what is meant by “gender identity” and “gender expression”. These things must be clarified so that we can have a healthy debate in the House. Unfortunately, the bill does not define either of these terms. It is essential that these important terms be clearly defined in the law.

The bill would add the term “gender expression” to the Canadian Human Rights Act and the Criminal Code. I do not believe that people commonly use this term, so we should know exactly what it means. To my knowledge, no other country in the world has made “gender expression” a prohibited ground for discrimination or has included the term in the definition of “identifiable group” in its hate crimes provisions as a completely separate concept from “gender identity”.

One example of what is happening overseas is the United Kingdom's Equality Act, which, I would like to point out, does not consider “gender expression” as a ground for discrimination, but prohibits discrimination based on gender reassignment.

The same point could be made about hate crime provisions. In certain American states, the concept of gender identity is part of the definition of “sexual orientation” or that of “sex”.

In summary, even in legislation that includes the concept of “gender expression”, this concept is always clearly linked to the concept of gender identity, at least to my knowledge.

To continue, I should note that not only are these amendments vague, but they could also be unnecessary or redundant. As I said earlier, the distinction between the two must be established.

First, I would like to point out that the Canadian Human Rights Tribunal has already studied a number of complaints filed by transsexuals, and it found that these complaints were justified based on the ground of sex.

By deciding that transsexuals are already protected by provisions in federal human rights legislation, the tribunal followed the approach of human rights tribunals in British Columbia, Quebec and other provinces, which determined that discriminating against transsexuals is prohibited based on the current ground of sex. This interpretation was confirmed by the tribunals.

We should therefore think about whether adding “gender identity” and “gender expression” to the Canadian Human Rights Act is really necessary. I would like the members to comment on that.

Perhaps we should also think about whether these grounds need to be included in the Criminal Code sentencing provision in subparagraph 718.2(a)(i), which lists various aggravating factors, such as evidence proving that:

the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor,

That list is not exhaustive. Judges already have the power to impose heavier sentences for hate crimes against transgender people when justified under the circumstances.

If we consider adding “gender identity” and “gender expression” to the hate propaganda provisions in the Criminal Code to comply with the Canadian Charter of Rights and Freedoms, we need enough evidence to conclude that there are enough cases of hate propaganda against transgender people.

Without that evidence, it is difficult to justify amending the Criminal Code and placing additional restrictions on free speech. Such evidence may exist, but I just want to point out that if we broaden the definition of “identifiable group” set out in the hate propaganda provisions, that will further infringe on Canadians' right to free speech.

As is often the case, a proposed change that may appear simple on the surface can, upon further study, turn out to be quite complicated and may produce unintended legal consequences. We need to look at whether there are any gaps in our current laws and carefully consider any proposed changes to ensure that every individual's basic rights are protected. At the same time, we should avoid introducing redundant elements into our legislation.

I am eager to hear what the members of the House have to say about these issues. Personally, I think that a clearer understanding of “gender identity” and “gender expression” is critical to healthy debate in the House.

[Rob Oliphant, Liberal, Don Valley West, ON]

Mr. Speaker, it is a privilege to rise and speak in support of this bill. I thank the member for Burnaby—Douglas for his tenacity and persistence in presenting issues with respect to transgendered people, transsexual people and the trans community in general. His work speaks well of all parliamentarians. We like to take credit for it at times and we thank him for doing that work.

His ongoing work has led to Bill C-389 which, as the previous speakers have said, seeks to do two things: one, to amend the Canadian Human Rights Act to include gender identity and gender expression as prohibited grounds of discrimination; and two, to make a very small amendment to the Criminal Code to ensure the same rights and protections on sentencing as we would hope would be ensure for any person of a discriminated group.

Also, I admit to the House that I am somewhat unprepared to speak to this bill. The member for Toronto Centre had planned to speak to it but was unable to be here today as he had to attend a funeral. He asked me to speak in this debate and I am very pleased to do so. I look forward to his comments in the second hour of discussion on the bill.

We support the bill for two reasons.

Members of Parliament are human beings and citizens. As we stand in this House, we recognize that we represent all people. As we gather in this place and discuss legislation and changes to the Criminal Code and the Canadian Human Rights Act, we are standing with our constituents. No matter how small the group is who may be affected by any one piece of legislation, ours is to ensure that freedom, justice and fairness extend to all Canadians.

For the exact same reasons the parliamentary secretary said she has some concerns with this bill, we support it. There apparently is a need for a discussion on the issue of transsexual people and transgendered issues for which people in Canada do not have a full understanding. In Parliament we can take the time to have this discussion, because that will foster the education of all Canadians on a very important issue. We are talking about a small community of people.

I have come to this issue in three ways. One is personal, one is pastoral and one is professional.

At a personal level, this affects friends of mine. I know people who have gone through the transition process to change their gender. That process has been difficult not only for them and their families, but it has been difficult for me as a friend. Each of us has a boundary that we sometimes come up against in our own understanding of human sexuality and human identity. It is absolutely critical that we take the time to converse with people who may be different from us.

That may frighten some people. It may cause them to have to open their minds and expand their experiences, but it is absolutely critical to understand that we are talking about real human beings. This is not an issue. These are people. They come to us with complex issues and complex problems and they should not have to face simple discrimination. This bill would uncover some of that problem.

The parliamentary secretary is asking for more evidence. I have enough evidence simply in knowing of one person who has faced discrimination. An injury to one indeed is an injury to all. We stand in this House to protect the very smallest of minority groups from discrimination.

Not only does this issue have a personal side for me, but there is a pastoral side as well. In my previous career as a United Church minister, I had the opportunity to preach a sermon on transgender issues. As it was a relatively small c conservative congregation, I was nervous about raising issues that people perhaps were not aware of. Perhaps they had not encountered people who were different from them in terms of sexual orientation, sexual gender, gender identity or gender expression. However, even though I was nervous, the congregation was not nervous. The congregation welcomed that sermon as one which opened their minds.

There were 350 people at church that Sunday, and after the sermon three individuals came up to me and said that the sermon had touched them personally. Two of them had transgender family members and one of them knew a transgender co-worker. They were looking for help and were glad that someone finally had the courage, or at least the reason, to raise that issue so that they could talk about it. It could be an open discussion and people could address their fears of people who may be different from them.

For me, this issue has a professional side as well. For a time I served on a human rights commission. We wanted clarification about issues. We were not afraid of expanding the legislation at all. We were not worried about having to expand our context of work because we knew anecdotally and somewhat statistically that people who are different from the mainstream majority continually face discrimination. It is important for us to take the time to make those small changes to those two pieces of legislation to ensure that discrimination does not happen.

As I was listening to the parliamentary secretary, I was not sure what her concerns really were. I was reminded of the definition of a Conservative as a person who has all kinds of things stored in his or her basement. My aunt was one of those people. She had a box that was actually labelled “pieces of string too small to save”. Pieces of string too small to save seems to be what the parliamentary secretary is arguing today. There are times when we have to take a risk. Maybe we do not have to know all the answers. Maybe we do not have to have all the definitions nailed down. Maybe it is time for Canada to continue its leadership role in human rights. We do not need to wait for everyone else to have all the definitions nailed down. If we want to talk about gender identity and expand it to gender expression, perhaps our leadership would be welcomed around the world.

Fifty-one per cent of the people in my riding come from outside Canada and 49% were born in Canada. I hear regularly from the people who have chosen Canada as their home that they chose it because Canada is the country that enshrines human rights in the Canadian Charter of Human Rights and Freedoms. In that charter we have welcomed the world to this country and have set ourselves up as a model of understanding, a model of expression and a model of ensuring that every minority group is afforded absolute protection.

This will stretch people in this House. This will stretch people in my own party. We have had our discussion about this. I think we have reached consensus that this is an important piece of legislation to further the discussion, not only to enshrine something in two pieces of legislation, but to open up the doors so that Canadians in every part of this country can have this discussion as well. We can stop being afraid of the discussion. We can stop being afraid of people who may be different from us, but who also may be members of our families, members of our communities, and neighbours on our streets.

As we open up that discussion, we will find there is really nothing to be afraid of. This will not do anything to stop freedom of speech in that freedom of speech is always limited by the expression of the rights of other people. We have that limitation already ensured and that must be continued and must be explicitly set out in these two pieces of legislation.

I look forward to more debate on this issue. It is important that more members of the House take the time to talk to trans people, to hear their stories, to express to them that their story is our story. Together as a community we share in both their pain and their joy as they reach full expression of the identity that I believe very personally God has given them. We must help them express that fully and safely and enjoy the full rights of being citizens in this country.

[Meili Faille, Bloc, Vaudreuil—Soulanges, QC]

Mr. Speaker, I am pleased to rise here today to speak to Bill C-389 introduced by the hon. member for Burnaby—Douglas. I have worked with him on a number of occasions and I am very pleased that our paths are crossing again. I also very much look forward to the debates in the House of Commons on this matter. Indeed, a specific group of individuals has been put at a disadvantage simply because the existing Canadian legislation does not address this issue.

I thank the member for introducing this bill to modify the Canadian Human Rights Act and the Criminal Code. He is proposing changes to the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination.

The bill would also amend the Criminal Code to include gender identity and gender expression on the list of distinguishing characteristics in sections 318 and 319, the provisions that identify advocating genocide and public incitement of hatred as crimes.

Lastly, it would add gender identity and gender expression to the Criminal Code as objects of prejudice constituting aggravating factors in the commission of a crime.

The Quebec identity is based on a certain number of principles and values that the Bloc Québécois has attempted to identify. They include the equality of men and women, French as the official language and the common public language, democracy, fundamental rights, secularism, pluralism, collective solidarity, respect for heritage, respect for the historical rights of the anglophone community and respect for the rights of aboriginal peoples.

Like the Quebec nation, which it represents in the House, the Bloc Québécois is open to the diversity of gender and anyone who wishes to embrace its platform and its values is welcomed with open arms, no matter their sexual orientation or gender identity.

The Bloc Québécois supports the principle of Bill C-389. Other jurisdictions in Canada already have policies on gender diversity. The bill fosters the promotion of and respect for human rights by prohibiting any form of discrimination based on gender identity and gender expression.

Therefore, it is appropriate to support the principle of this bill because gender identity and expression will be protected under the Human Rights Act. It will no longer be necessary to refer to ambiguous interpretations of the term “sex” to establish that all transgender people are protected by the law.

Public incitement of hatred targeting gender identity or expression will be recognized by the Criminal Code.

Does this law address a problem? That is what members will attempt to explain today. Discrimination and harassment of transgender people can take different forms. For example, a transsexual woman's right to be searched by a female police officer may be breached.

In 2009-10, a few rare cases of discrimination or harassment based on gender identity were picked up by the press in Quebec and the provinces. In October 2009, a transsexual teacher was fired and filed a complaint against the Greater Saint-Albert Catholic School Board in Edmonton. Jan Buterman alleged that, after informing his former employer that he was transitioning to become a man, he received a letter advising him that he could no longer be a supply teacher.

It is difficult to estimate how many people are victims of such discrimination in Quebec annually. However, the Commission des droits de la personne et des droits de la jeunesse noted the following in May 2009:

Sexual minority individuals and families with same-sex parents are not receiving services adapted to their situation because of heterosexist attitudes, which are often subconscious, because of continuing homophobic prejudices and behaviours, especially within institutions, and because of service providers' silence on the issue of sexual diversity.

The Commission des droits de la personne du Québec website provides more detail. When the commission refers to sexual minorities it means lesbian, gay, bisexual, transsexual and transgender individuals. In its report the Commission recommended a national policy to combat homophobia that takes into consideration the realities of sexual minorities— lesbians, gays, bisexuals, transsexuals and transgender people—and respects their differences.

In the United States, where the Human Rights Campaign organization addresses cases of discrimination involving sexual identity, it is estimated that one homicide in 1,000 is a hate crime against a transgender person.

In closing, even though the bill does not concern a daily problem, it is nonetheless worthy of consideration. In Quebec alone, an estimated 3,000 people have changed their sexual identity and that number does not include all the transgender people who have not undergone a sex change operation.

These people, who are frequently victims of discrimination at the workplace, in the healthcare system, when looking for housing, and so on, would benefit directly from guaranteed protection under the Canadian Human Rights Act and the Criminal Code.

The Commission des droits de la personne et des droits de la jeunesse du Québec website provides clarification on what is protected in Quebec. The declaration of rights and freedoms in the Québec Charter of Human Rights and Freedoms does not specifically mention sexual expression and identity. It states:

Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap.

Nevertheless, Quebec's Commission des droits de la personne et de la jeunesse clearly indicated that discrimination on the basis of “sex” includes the female, male, and transsexual genders.

Furthermore, the Quebec Human Rights Tribunal—which examines a claim once the Commission has determined it is admissible—ruled that, “Discrimination, even based on the process of the unification of disparate and contradictory sexual criteria, may also constitute sex-based discrimination while sex is at its most vaguely defined.” Therefore, it could be determined that a transgender person who has not completed a sex-change operation has been the victim of gender-based discrimination.

The Quebec Human Rights Tribunal, which handles cases regarding unlawful discrimination and harassment for reasons prohibited by the Charter of Human Rights and Freedoms, would therefore recognize the rights of transgender people.

This recognition of the rights of all transgender people by the Quebec Human Rights Tribunal reflects the tradition of openness and diversity of the people of Quebec.

Just like the Quebec nation it represents, the Bloc Québécois is open to diversity of genders, and any person who has their own values and follows their own program is welcomed with open arms, regardless of his or her sexual orientation or gender identity.

What legislation exists elsewhere in North America? In the United States, 18 states have passed laws prohibiting gender-based discrimination. President Barack Obama supports federal legislation, the employment non-discrimination act, which would prohibit discrimination based on sexual orientation and gender identity in the workplace.

A number of businesses that operate in different jurisdictions with varying laws regarding discrimination on the basis of gender identity are protecting themselves against potential lawsuits by adopting their own policies. We have come a long way since 2000, when statistics showed that only three companies had such policies. Now, 41% of Fortune 500 companies have included gender identity in their anti-discrimination policies.

[Megan Leslie, NDP, Halifax, NS]

Mr. Speaker, I am honoured to rise to speak to Bill C-389 today. I am so proud to have seconded the bill that was introduced by my colleague the member for Burnaby—Douglas, who is an incredible advocate for trans rights and human rights for Canadians.

The bill would bring Canada closer to providing the respect owed and the recognition of rights owed to the transgendered community by adding the terms gender identity and gender expression to the Canadian Human Rights Act as prohibited grounds of discrimination.

Human rights continue to be contentious in the country. Equality for all is somehow seen as a threat to the few and compassion is sometimes a very scarce commodity. We need to reframe the debate around human rights in Canada. Words like tolerance and accommodation, which imply some sort of undesired obligation, need to be replaced with words like respect and dignity.

In short, we need to be kinder to each other. We need to respect differences. Equality should be fostered through social, economic and environmental justice. Our human rights codes should reflect our pursuit of justice and we have the opportunity in this parliamentary session to do just that.

Why would we add these terms as prohibited grounds for discrimination? Gender identity is a person's innate feeling of being male, female, both genders, neither or in between. It is not a reference to people's biological sex or their sexual orientation. Identity is something to be respected and honoured and gender identity is no different. Gender expression is the expression of that inner identity. It is the freedom to be, plain and simple, one's self.

These terms, though they seem very simple on their face, are difficult for some people to grasp. Inclusion of these terms aims to address issues of sexism in the country, issues of homophobia and of transgressing traditional teachings.

It is telling that this is the first time that legislation of this kind has been debated in the House of Commons. There has not been equal progress toward equality for the trans community as there has been for other marginalized groups.

Fear and prejudice has delayed this human rights journey and delay has meant that trans people have been discriminated against. They have been subject to discrimination. They have been subject to prejudice. They have been subject to harassment and violence every day.

Trans people are victims of violent acts, such as assault and murder, for no justifiable reason. They are regularly denied things we all take for granted, like access to health care and housing, the ability to obtain identification documents, access to washrooms and other gendered spaces and the ability to acquire and maintain employment.

I have a friend who asked me to write a letter explaining the case law on the use of washrooms for transgendered people. She carries this letter around in her purse so she can pull it out and use it whenever she needs. Imagine the indignity of having to have a letter in one's purse or wallet explaining that the use of the washroom is allowed. Imagine the indignity of being challenged to use a washroom and having to dig out a letter that has some official law firm logo on the top so someone will take him or her seriously and recognize that the individual does have a right to use the gendered space.

All of this can be addressed through human rights protections and a concerted effort to eradicate and shed light on the lives and struggles of the trans community.

On March 30, 2000, the Ontario Human Rights Commission published a policy on discrimination and harassment because of gender identity, noting, “There are, arguably, few groups in our society today who are as disadvantaged and disenfranchised as transgendered community. Transphobia combined with the hostility of society to the very existence of transgendered people are fundamental human rights issues”.

This is a very powerful statement about what goes to the very core of how we choose to treat and respect one another. Trans people are members of our families and our communities. There is no them here, only us.

I use to do education workshops on trans rights when I worked and volunteered with the Nova Scotia Rainbow Action Project. Gender expression and gender identity are not included in the human rights act in Nova Scotia. Therefore, we worked with the Nova Scotia Human Rights Commission to help it understand the day-to-day realities faced by transgendered people in Nova Scotia, the discrimination and the hate they experienced. At the end of one of these workshops, the Nova Scotia Human Rights Commission assured us that it would “fit” trans discrimination under sex, even though it technically was not sex discrimination.

This is exactly the kind of thing trans people face every day. They do not quite fit here or there, but somehow they are expected to cope and to be happy with filling the space of the cracks. Now is the opportunity to right one of those wrongs. It is a small legislative change that would have tremendous impact on the dignity of trans people in Canada.

The addition of gender identity and gender expression as prohibited grounds of discrimination in the Canadian Human Rights Act is, without question, a very positive first step to achieving equality for the trans community. Make no mistake. This is just an initial step in a continuing journey, but it does lay the groundwork for the work that remains. Hopefully, by entrenching the rights of the trans community, it will act as a catalyst for change as well as a protection and recourse as the trans community navigates what will not likely be an obstacle-free path, even with the inclusion of these terms in our human rights legislation.

As we move forward, we should ask ourselves what equality for the trans community would look like. Equality would mean that gender reassignment procedures would be reimbursed by provincial health insurance everywhere in Canada. There would be policies implemented to combat discrimination and exclusion faced by transgendered persons in the labour market, education and health care.

It would include education and training programs, as well as awareness raising campaigns. There would be better training to health service professionals, including specialists and general practitioners, with regard to the rights and needs of transgendered persons and the requirement to respect their dignity. Trans voices would be represented in government, in schools, in the media, on equality bodies and in national human rights structures.

With the bill, Canada can lead by example. We can demonstrate the inclusiveness of our communities and the strength we find in breaking down barriers and in insisting that discrimination become something of the past. I plan to vote in favour of the inclusion of trans rights in the Canadian Human Rights Act, as well as its inclusion on the hate crimes list in the Criminal Code of Canada. I encourage every member of the House to join me in entrenching protections for gender identity and gender expression.

[Lois Brown, Conservative, Newmarket—Aurora, ON]

Mr. Speaker, I am happy to have this opportunity to contribute to the debate on Bill C-389, presented by the hon. member for Burnaby—Douglas, which is before us today.

Let me begin by stating that this government is deeply committed to upholding the principles of respect for diversity and equality that are enshrined in Canadian law and are part of the very fabric of our nation.

Our government believes, as demonstrated by our tough-on-crime agenda, that all law-abiding Canadians should be protected from crime in this country. However Bill C-389, which seeks to protect people from various harms based on their gender identity and gender expression, contains provisions that raise concerns as to their technical interpretation and legal necessity.

Let me now proceed to the substance of this bill. This bill proposes amendments to the Canadian Human Rights Act and the Criminal Code. Specifically, it proposes that the undefined terms “gender identity” and “gender expression” may be added to the definition of “identifiable group” in the crimes of hate propaganda, to the deemed list of aggravating factors that can be used to increase the sentence for any crime where motivated by bias, hatred or prejudice and to the grounds of discrimination found in the Canadian Human Rights Act.

In order to inform members further on this issue, I wish to raise certain aspects of this bill that I think merit consideration by all members. While the bill proposes adding gender identity and gender expression, it does not define these terms. This leads to the question of what these terms mean. The bill does not say.

I am not aware of any other country in the world that has used the term “gender expression” by itself in any of its criminal or anti-discrimination laws. I will point out at least three examples: Scotland has hate crime legislation that uses the term “transgender identity”, which is defined; federal U.S. hate crime legislation uses the term “gender identity”, which is defined; and the State of Hawaii, in its hate crimes legislation, uses the term “gender identity or expression”, which is defined in one definition, not two separate ones.

In considering this bill, I believe it also useful to know to what extent our current laws already protect transgender persons so that we may consider to what extent this proposed bill is necessary. In this regard, the Canadian Human Rights Act has already been successfully used to protect transsexuals from discrimination on the grounds of sex.

Both federal and provincial human rights tribunals have already protected transsexuals from discrimination in employment and services, using the current human rights acts. This protection of transsexuals from discrimination using the existing prohibited ground of sex has been upheld by the courts.

I next wish to address the bill's proposal to amend the sentencing provision of the Criminal Code that the bill proposes to amend. Section 718.2(a)(i) of the code begins with the general wording:

(a) a sentence should be increased...to account for any relevant aggravating...circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing...

[The Deputy Speaker, Andrew Scheer]

The hon. member will have six minutes left to conclude her remarks the next time this bill is before the House.

The time provided for the consideration of private members' business has now expired and the order is dropped to the bottom of the order of precedence on the order paper.

The House resumed from May 10 consideration of the motion that Bill C-389, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression), be read the second time and referred to a committee.

[Mario Silva, Liberal, Davenport, ON]

Mr. Speaker, in this House and across this country, we are privileged to be able to express ourselves freely and to live to our fullest potential as citizens of Canada. It is important, however, that we remain forever vigilant in our work to ensure that all Canadians enjoy the human rights which our citizenship rightly bestows.

I am reminded of a statement by Nobel prize recipient Aung San Suu Kyi, who said, “Please use your freedom to promote ours”. These are simple words, but they are invested with tremendous meaning and substance. Several of my colleagues have noted during these debates that this bill, dealing with equality and human rights protection for transgender and transsexual Canadians, lacks the benefit of first-hand experience. This is true. There are indeed no transgender or transsexual people currently serving as members of Parliament.

However, in keeping with the spirit of the words of Aung San Suu Kyi, we are given the unique opportunity and privilege to promote the freedom of others as outlined in the provisions of this bill. Human rights are precisely as the term states. What the bill is addressing is a right, not a privilege. Canadians are, by virtue of our democratic traditions and our commitment to equality, protected with respect to our most basic human rights and freedoms.

When contemplating the provisions of this bill, it can be reasonably surmised that what has been proposed should really not require debate. In essence, this bill ensures that transgender and transsexual Canadians are afforded protection under the law with respect to their basic human rights in a manner consistent with that which is enjoyed by every other Canadian. It is simply a reaffirmation that all Canadians share the same rights and opportunities, and that these require equal protection under the law.

Indeed, it is remarkable, if one were to think about it, that in this day and age we continue to find ourselves in a position of having to debate the need to include a specific group under the umbrella of human rights law as well as protection under the Criminal Code. One cannot help but reflect on similar debates over the past several hundred years, when people like those who are transgender or transsexual were the subjects of discriminatory practice and indeed victims of hate crimes.

Like parliamentarians of years past, we are called in our time to embrace and support the inclusion of transgender and transsexual Canadians in the most fundamental of our laws, those which protect the most basic human rights and which also offer protection from criminal acts of hate and discrimination.

In debates of this kind, we are often tempted to resort to statistical data to make our case. We may, at times, focus too much on these numbers. Indeed, several members have referred to statistics when speaking about the actual number of Canadians who are transgender or transsexual and living in Canada.

I believe that while it is important to reflect upon the statistics, we must also be vigilant when doing so. Human rights do not need to be measured in numbers simply because they are universal in character. As someone who has held a long and abiding commitment to human rights issues, I recognize that there is little currency to be found in debating numbers. The reality is simply this. All human beings, regardless of their numbers, are invested with basic human rights, freedoms and protection under the law, which are inalienable and non-negotiable.

I recognize that there are those who may argue about the need to amend our laws to specifically protect transgender and transsexual Canadians. The reality is that there is a clear and pressing requirement for such action. There is ample evidence, both statistically and anecdotal, that confirms that transgender and transsexual Canadians experience disproportionate discrimination and even violence based on who they are and how they choose to live their lives. This is unacceptable.

The bill we are debating today may not eliminate these realities, but it will most certainly offer greater protection to those who are victims of such discrimination and lead to that day when transgender and transsexual Canadians will enjoy the freedom and security that they so rightly deserve.

It is important to remember that positive action in matters such as this is our responsibility as parliamentarians. For example, it was not that long ago that gays and lesbians in this country faced similar challenges to those we are debating today. Fortunately, many of us in the House are too young to remember the more violent and reprehensible violations of human rights experienced by gays and lesbians in Canada, but they were indeed troubling and serious acts of injustice.

Mr. Speaker, 1965 is not really that long ago. Yet, in that year a Canadian gay man was declared a dangerous offender simply because of his sexual orientation and the belief that was presented to a Canadian court that he was likely to continue to be sexually active. This man was not released from prison until 1971.

I make note of this incident to highlight the need for us to be proactive in protecting human rights for transgender and transsexual Canadians. Following the imprisonment of this man, Bill C-167, an omnibus bill, was introduced in 1967 by the then justice minister Pierre Elliott Trudeau, which decriminalized homosexuality and was the foundation upon which great strides were made for gays and lesbians in this country.

Indeed, under two more Liberal Prime Ministers, Jean Chrétien and Paul Martin, gays and lesbians were allowed to marry, which represented another enormous step forward for human rights in Canada. Today we are called to be bold and progressive and, indeed, as courageous as Pierre Trudeau or Prime Ministers Chrétien and Martin. Their courage demonstrated that it is incumbent upon parliamentarians to take proactive action to ensure that the human rights of all Canadians are fully protected.

Historically, it has taken too long to address all the challenges to human rights and freedoms that have materialized over the past many years. Many of them have been based on race, religion or sexual orientation, but all have experienced the day when as a society we determined that action had to be taken.

Today my colleague from Burnaby—Douglas is calling upon our fellow parliamentarians to do not only what is required of us but what should be expected. We have often heard that a true measure of a society is the manner in which it treats those within it that are most vulnerable to abuse or discrimination.

Clearly, as we have heard during the course of this debate, transgender and transsexual Canadians have more than their share of discrimination, violence and unacceptable alienation. Bill C-389 is not designed to confer on transgender and transsexual Canadians anything other than that which they are entitled.

We as Canadians and parliamentarians are being called by history and generations of Canadians yet to come to do that which is fair and just: ensure that all Canadians are treated equally and respectfully under the laws and traditions of our country. It is for this reason that I encourage all of my fellow members of the House to join with our colleague from Burnaby—Douglas and vote in favour of Bill C-389.

[Nicole Demers, Bloc, Laval, QC]

Mr. Speaker, it gives me great pleasure to rise in the House to debate Bill C-389 introduced by my colleague from Burnaby—Douglas. This is a bill I am very glad to see.

When I talk about a bill, I usually refer to situations in my own life to illustrate what I am saying. Once again, I want to remind hon. members that if you have never walked a mile in the shoes of someone who is discriminated against, if you have never done what someone has to do to assert themselves, be seen as a whole person and enjoy the same rights as everyone around them, if you have never done that, then it is hard to understand the despair and the problems experienced by people who live with a sword of Damocles constantly hanging over their heads, the sword of Damocles that is discrimination. This bill does not refer to racial discrimination, but that is what I am going to talk about, because that is what I know.

At the age of 17, I fell madly in love with a black African who descended from people in the Belgian Congo. It was 1967, and when I fell madly in love with him, I did not realize just how much I was going to learn about the problems people can have when they do not have the same physical appearance or the same culture as those around them.

When we wanted to get married in 1970, the parish priest refused to marry us because he said our children would be mulatto, and he did not want any mulatto children in his parish. My father spoke out against the priest and insisted that the church allow me to be married in church. The curate agreed to marry us.

But I had already seen that people can be discriminated against even if they have done nothing wrong. My husband had done nothing wrong, but he was born black, and others held that against him. He tried so hard to find work. On the phone, he sounded like a Quebecker, and was often told that the job was available, but once he showed up, the job was already taken. Whenever I went looking for an apartment for the two of us, there was always a vacancy when I called to say I was coming to see the place, but when I showed up with my husband, the apartment was always rented.

Then, what the priest feared came to pass. I had my first child, a beautiful mulatto boy. We tried to raise him in the knowledge that we loved him and that nothing in the world could ever hurt him. But one day, when he was four, he was taking a bath, and he asked me why the kids he played with called him a Negro. He said that he was not a Negro. I did not know what to tell him. It broke my heart. I did not know how to comfort my child and make him understand just how stupid and mean people can be, how they just do not make sense sometimes. I did not know how to help him understand that. But I understood. I understood that anytime one person discriminates against another, anytime people find a way to discriminate against others, they do irreparable damage.

The bill that my colleague introduced will put an end to a type of discrimination that has been around for a very long time. We do not choose to be born a man or a woman. We do not ask to have a different gender identity than the one we are born with. We do not ask for that. We have no choice. We also do not ask for our gender expression to be different than anyone else's. Children are children, and live like children.

But as children, they may realize that they are not in the right body, that they do not have the right gender identity. A boy might realize that he should have been a girl, and a girl might realize that she should have been a boy.

Unfortunately, until now, very few people have been aware of this reality or realized how much they are harming their child when they do not want a boy to dress up as a girl, or a girl to play with a boy's toys.

Our society does not view that as normal, but what could be purer, more natural and more whole than a child? If their sexual identity seems natural to them, then why should we, as adults, not accept that? If children instinctively understand who they are and who they want to be for the rest of their lives, why is it so difficult for adults like us to understand and accept that? Why is it so hard for us to give people an opportunity to be heard when they report discrimination, hate propaganda or violence because they have chosen to express their sexual identity? I do not know.

Maybe some of us think that we have all of the answers, that we know better because we make the laws. That is what we do here in the House. However, before we make any decisions about people's rights, we should think long and hard. We may well be putting the lives of our own children into the hands of people who will discriminate against them. In many cases, such decisions will affect people we know but who have kept their true selves hidden because there is still shame associated with expressing one's sexual identity openly.

Would people we do not know but who seem normal and likable suddenly be different if they chose to express their sexual identity? Would they no longer have the same morals and values as before? Not at all.

If we are honest with ourselves, we have to admit that our understanding of all of the dimensions of human beings is medieval. I am glad that my colleague introduced this bill, which will put an end to years of injustice.

Before coming here today, I received a message from Brian Rushfeld urging me not to vote for this bill because it would have terrible consequences and result in abnormal and abominable sexual activities. What is so abominable about a man who identifies as a woman or a woman who identifies as a man? Can anyone tell me? I see nothing wrong with that at all. Mr. Rushfeld's concerns are exaggerated, and it will be my pleasure to vote alongside my Bloc Québécois colleagues in favour of this bill.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, I am very proud to rise in the House today to speak in support of Bill C-389. I would like to thank the member for Burnaby—Douglas who has been an outstanding critic for gay, lesbian, bisexual, transgender and transsexual issues for our party and in fact for all Canadians.

This is a very important bill that is before us today. Sitting here in the House as we come to the close of a very busy day where we just passed that monster budget bill, it is very good to hear some of the speeches that are taking place. I especially want to thank my colleague, the member for Laval. I know that she always speaks from her heart about the rights and dignity that all people have. It was good to hear the speech that came from the Liberal member earlier as well.

I note that the bill was seconded by 12 other members of Parliament from different parties. That is really significant. It tells us something about this bill that deals with fundamental human rights for transgender and transsexual people who have been denied rights for a very long time. When we see members across the floor supporting the bill and speaking from a personal point of view, it tells us this is something that is very powerful. We hear the stories and messages, whether they are from our own lives, or from the lives of people we know, just as we heard from the member for Laval about her own personal experience of what it means to face differences and how it is dealt with by the church, or religion, or by the system itself and how that impacts on people's lives in sometimes a very hurtful way and sometimes even in a violent way.

I do feel very proud that we have this bill in the House and the work that has been done by the member for Burnaby—Douglas. He has held consultations across the country. He has brought this issue forward not only in our own caucus but in the queer community overall, as well as in the broader Canadian society. That is one of the good things we can do as members of Parliament. Often we are told that we do not count, that we are not part of the government, that we are not this, that we are not that. This bill is a reflection of what an individual can do in building those kinds of alliances and expression of understanding and education to actually move something like this forward and to say that there is a problem in that the Canadian Human Rights Act does not yet contain a prohibited grounds of discrimination that would protect transgender and transsexual members of our society. The bill is very important.

I have had the honour to speak recently at a couple of events. One was at a high school here in Ottawa, for Pride Day just a few weeks ago as part of Jer's vision. It was really good to go to a local high school in Ottawa to speak to all of the grade 10 students about pride issues, about what it means to be gay or lesbian, or transgender, or transsexual, or bisexual. I have to say that a lot has changed.

When I spoke to those students in the high school I could feel that within that community there was a lot of understanding. People were more open about issues and willing to understand how people are different. At the same time there was a recognition that bullying still takes place. There are still people who are targeted. Certainly the research that is being done in Canada shows us that transgendered and transsexual people are among some of the most people at risk in our society. They face discrimination, whether it is in the workplace, whether it is in housing, whether it is in society generally. Not only are they vulnerable, but they are most vulnerable to face violence.

While on the one hand I think we can all say that we have come a long way and that rights have been enshrined and that we have made advances legally, politically and culturally, we also have to acknowledge that homophobia still exists, that discrimination still exists and that the group that is most vulnerable to this is certainly transsexuals and transgendered people.

I had a second occasion recently in my home community in Vancouver to attend an event that was organized by the Pride Education Network. It conducts a program in schools called Out in Schools. It was wonderful to see students come to a local movie theatre to watch a film that has just been produced in Vancouver called Beyond Gay--The Politics of Pride. This is a marvellous film that takes us all around the world.

A lot of members in this House have attended pride parades. The one in Toronto is coming up in July and we have ours in Vancouver in August. This film is so remarkable because it gives a history of pride parades around the world and what is taking place. Hundreds of thousands of people come out in Toronto, Vancouver and Ottawa to celebrate pride and diversity. We see this in the United States as well.

This movie takes us through not only the history of pride festivals in Canada but it also focuses on places around the world. I will mention a couple of places. In Moscow, the pride parade has been banned and organizers have faced incredible harassment. The mayor of Moscow could be seen in the film making the most outrageous, hateful comments against gay and lesbian and trans people. In Poland, armed police had to make a corridor for people who were celebrating pride to conduct their march and rally.

I was pleased to attend this movie and the discussion that followed, particularly with young people. It gave people an understanding not only of the incredible changes that have taken place in our society, but the fact that great challenges still remain.

Here in Canada we believe that we are very advanced, and we are at many levels. As was noted earlier, the Canadian Human Rights Act provides protection based on sexual orientation. Our former colleague, Svend Robinson, a member of Parliament for over 25 years, did outstanding pioneering work on this issue. His private member's bill was brought into law to ensure that sexual orientation was protected under the Criminal Code as a hate crime.

A lot of work has been done. Those of us who have been working on this issue and are aware of what is going on in the community know that the most significant protection that has not happened is for transgendered and transsexual members of our communities.

Back in 2004 two students from Carleton University, Langdon and Boodram, undertook a survey to determine what is taking place in the trans community. Not surprisingly, they found significant levels of discrimination in housing, employment services, including unwelcome comments at work, unwelcome comments while living in accommodation, discrimination in bars, restaurants, schools, universities and colleges. Other surveys have taken place since then.

There is no question that these protections are needed. This bill needs to be brought into law. Then we need to raise the bar on education and awareness if we truly believe that we are a diverse society and that all people have the right to protection, rights and opportunities.

I hope that the bill will pass second reading and go to committee. It is important that we hear from witnesses firsthand because no trans people have spoken in the House. It is important that they be heard at committee so that their experience can be brought forward and that this bill can be passed into law.