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

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Randall Garrison  NDP

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

Status

Third reading (Senate), as of June 17, 2013
(This bill did not become law.)

Similar bills

C-204 (42nd Parliament, 1st session) An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression)
C-279 (41st Parliament, 2nd session) An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity)
C-276 (41st Parliament, 1st session) An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression)
C-389 (40th Parliament, 3rd session) An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression)
C-389 (40th Parliament, 2nd session) An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression)
C-494 (39th Parliament, 2nd session) An Act to amend the Criminal Code (gender identity and gender expression)
C-326 (39th Parliament, 2nd session) An Act to amend the Canadian Human Rights Act (gender identity)
C-326 (39th Parliament, 1st session) An Act to amend the Canadian Human Rights Act (gender identity)

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-279s:

C-279 (2022) An Act to amend the Criminal Code (criminal organizations)
C-279 (2021) An Act to amend the Canada Elections Act (voting age)
C-279 (2016) An Act to amend the Canada Elections Act (length of election period)
C-279 (2009) An Act to amend the Employment Insurance Act (amounts not included in earnings)
C-279 (2006) An Act to amend the DNA Identification Act (establishment of indexes)

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.

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:05 p.m.

NDP

Raymond Côté NDP 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 ActPrivate Members' Business

March 7th, 2013 / 6:15 p.m.

NDP

Jinny Sims NDP 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.

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:25 p.m.

The Acting Speaker Barry Devolin

Resuming debate...? No.

Accordingly, the question is on the Motion No. 1. Is it the pleasure of the House to adopt the motion?

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:25 p.m.

Some hon. members

Agreed.

No.

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:25 p.m.

The Acting Speaker Barry Devolin

All those in favour of the motion will please say yea.

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:25 p.m.

Some hon. members

Yea.

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:25 p.m.

The Acting Speaker Barry Devolin

All those opposed will please say nay.

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:25 p.m.

Some hon. members

Nay.

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:25 p.m.

The Acting Speaker Barry Devolin

In my opinion the yeas have it.

And five or more members having risen:

The recorded division on the motion stands deferred. This recorded division will also apply to Motions Nos. 2, 4, 7 and 8.

The next question is on Motion No. 3.

Is it the pleasure of the House to adopt the motion?

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:25 p.m.

Some hon. members

Agreed.

No.

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:25 p.m.

The Acting Speaker Barry Devolin

All those in favour of the motion will please say yea.

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:25 p.m.

Some hon. members

Yea.

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:25 p.m.

The Acting Speaker Barry Devolin

All those opposed will please say nay.

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:25 p.m.

Some hon. members

Nay.

Canadian Human Rights ActPrivate Members' Business

March 7th, 2013 / 6:25 p.m.

The Acting Speaker Barry Devolin

In my opinion the yeas have it.

And five or more members having risen:

The recorded division on the motion stands deferred. This recorded division will also apply to Motions Nos. 5, 6 and 9.

Normally, at this time the House would proceed to the taking of the deferred recorded divisions at the report stage of the bill. However, pursuant to standing Order 98, the divisions stand deferred until Wednesday, March 20, immediately before the time provided for private member's business.