An Act to amend the Canadian Human Rights Act and the Criminal Code

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination.
The enactment also amends the Criminal Code to extend the protection against hate propaganda set out in that Act to any section of the public that is distinguished by gender identity or expression and to clearly set out that evidence that an offence was motivated by bias, prejudice or hate based on gender identity or expression constitutes an aggravating circumstance that a court must take into consideration when it imposes a sentence.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from 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-16s:

C-16 (2022) Law Appropriation Act No. 1, 2022-23
C-16 (2020) Law Appropriation Act No. 4, 2020-21
C-16 (2020) Law An Act to amend the Canadian Dairy Commission Act
C-16 (2013) Law Sioux Valley Dakota Nation Governance Act

Votes

Oct. 18, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Criminal CodePrivate Members' Business

November 22nd, 2016 / 5:55 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, it is a great pleasure to rise in support of Bill C-305, introduced by the member for Nepean.

The bill is both timely and important in our community. The member for Nepean read a long, very impressive list of groups that are supporting the bill. That tells us a lot about the significance of promotion of hatred in North America at this time.

The bill would do two basic things. One is to expand the number of places that are defined as protected under law against hate-motivated damage, basically from religious property to community institutions like day cares, schools, universities, town halls, senior centres, and sports arenas. This is admirable, because we know that those who want to promote hatred do not pick on churches alone. Although they quite often do pick on churches, we have all seen these messages scrawled elsewhere in our communities. This is the essence of why this is an important bill.

The second part is important to me, as one of the six out gay members of Parliament. It tends to expand the grounds for protection of groups to include sexual orientation and gender identity. That is laudable. We have made progress over the years in extending protections to people of my community, but it has always been done in a piecemeal fashion, kind of step by step. I accept that this is another step in that progress.

Some people are surprised to know that sexual orientation was not originally included in the Charter of Rights and Freedoms. Of course, I am old enough to have been around at that time. In fact, I was actually here in Ottawa at that time, and I was not a supporter of the Charter of Rights because it did not include my rights. That was corrected through decisions of the Supreme Court of Canada.

In 1996, Parliament, and again, a Liberal government, brought forward a government bill to add sexual orientation to the Canadian Human Rights Act. In 2004, the section we are really dealing with in this bill was brought forward by Svend Robinson, a New Democrat member of Parliament, and the first out gay member of Parliament. His private member's bill succeeded in working its way through Parliament to add sexual orientation to the hate crime section of the Criminal Code.

Of course, I am very proud that Bill C-16 has now passed in the House of Commons. It would extend that same protection against hate crimes to those who are gender diverse, non-gender binary, or those who are called transgender. Bill C-16 would also add this to the Canadian Human Rights Act.

When this bill gets to committee we will be asking for one small amendment, and that is to make its wording consistent with Bill C-16. That will take a very small amendment, but I am confident that the member for Nepean had no intention of narrowing the bill. I hope to have a good discussion with him about the possibility of that. I regard it as a technical amendment that really meets the objectives of what he laid out in the bill.

When it comes to hate crimes, we know the groups that are most often subjected to them because of the statistics that are kept. However, I would point out in the chamber, as I did in debate on my private member's bill in the last Parliament, and as I did on Bill C-16, that we do not keep good statistics on hate crimes that are committed on the basis of gender identity or gender expression, because these are not explicitly embedded in the law. They are lumped together usually, when they are considered at all, with sexual orientation, which is quite a different matter than gender identity and gender expression. Again, I hope we can make the bill more consistent.

We need a larger debate about hate crimes in this Parliament at some point. I am not faulting the bill. It is not the purpose of the bill, but I would look forward to a discussion, because unfortunately, in the last Parliament, in June of 2013, we passed a bill that removed section 13 from the Canadian Human Rights Act, which would have allowed the Canadian Human Rights Commission to do more proactive work against hate crimes in our society.

The very fact that this is coming forward as a private member's bill gives me some confidence that we can probably find a consensus in this Parliament to actually restore the power to the Canadian Human Rights Commission to do that preventative work that would prevent the kinds of crimes that Bill C-305 is talking about.

I look forward to finding a forum where we could have that broader discussion among MPs.

I would hope that the government might bring forward such a bill as part of its agenda. Again I have to question why this important bill is a private member's bill and not part of the government's agenda. In response to my question, the member for Nepean said he hoped to have the support of his frontbench and the Minister of Justice for this legislation. That is a bit of a waiver for me in terms of my confidence. I hope that we can and will see the government, particularly the frontbench, support the bill and not kill a private member's bill as it has done to other Liberal backbenchers.

When it comes to hate crimes, the crimes that the bill focuses on are the most common. I do have to note once again that the groups most likely to be subject to violent hate crimes are the LGBTQ community and, in particular, transgender Canadians, and within that group, first nations or two-spirited people.

I am pleased that on Friday and Saturday in my riding, the Victoria Native Friendship Centre is putting on a workshop for two-spirited British Columbia youth from across the province to help them build confidence in themselves and to confront the prejudice and the violence they often face. I intend to be at that conference on Friday and to bring news, I hope, that we have support for adding gender identity and gender expression to help protect two-spirited first nation youth in this country against these kinds of hate crimes.

Who is in favour of this legislation? I guess my question should be, who in Canada would not be in favour of this legislation? Quite often because of the immense overflow of American culture and American politics into Canadian society, we get caught up in the negativity that goes on there, particularly the negativity of the presidential campaign, and the increased frequency of hate crimes reported throughout the United States as a result of the unfortunate encouragement of prejudice and hate by some very prominent citizens, including the current president-elect of the United States, whose name I always avoid saying.

As previous speakers have done, I am not going to review some of the incidents that have taken place. We all know about them. It is a bit like my own personal habit of not mentioning the perpetrators of crime, but instead talk about the victims and how they recover from that crime. It is important that we recognize the reality, and I thank the member for Nepean and the member from Edmonton for bringing that to our attention again.

I know my time is drawing short, but let me go back to what I said at the beginning of my remarks. I extend my thanks to the member for Nepean for bringing this forward. I encourage him to talk to the frontbench of his party seriously to make sure that those members will support this legislation. We have found some support, I hope broad support, within the Conservative caucus. The member will find universal support in the NDP caucus for his bill. We will ask for what I regard as a technical amendment to broaden the legislation a bit to make it consistent with Bill C-16. We look forward to this legislation's passing through the House expeditiously.

Business of the HouseOral Questions

November 17th, 2016 / 3:05 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, this afternoon, we will continue our debate at second reading of Bill C-26 on the Canada pension plan.

Tomorrow, we will resume debate on Bill C-16 on gender identity. If time permits, we will also examine Bill C-25, the business framework bill.

On Monday, I will call Bill C-30, the CETA implementation legislation, for consideration at second reading. The bill will be on the agenda for Monday, Tuesday, and Wednesday. It is my hope that this bill will be referred to committee on Wednesday evening.

On Thursday, we will consider second reading of Bill C-23 respecting pre-clearance.

Next Friday, I will call Bill C-18, the Rouge national park legislation, for second reading debate.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

November 4th, 2016 / 12:10 p.m.


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Liberal

Anthony Housefather Liberal Mount Royal, QC

Mr. Speaker, I have the honour to present, in both official languages, the sixth report of the Standing Committee on Justice and Human Rights in relation to Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code.

The committee has studied the bill and has agreed to report the bill back to the House without amendment.

Business of the HouseOral Questions

November 3rd, 2016 / 3:05 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, this afternoon we will continue to debate the Conservative Party motion.

Tomorrow, we will resume debate on Bill C-26, on the Canada pension plan.

Next week, as the hon. member said, we will be working hard in our constituencies and attending Remembrance Day ceremonies on Friday to collectively stand in honour of all who have fallen in the service of Canada.

When we return on Monday, November 14, the House will then have the fifth day of second reading debate on Bill C-26, the CPP enhancement bill. On Tuesday, the House will also have the fifth day of second reading debate on Bill C-29, the second budget implementation bill.

On Wednesday, the House will consider Bill C-16, the gender identity bill, at report stage, and hopefully at third reading. On Thursday, the House will debate Bill C-25, the business framework bill, at second reading.

Business of the HouseOral Questions

October 6th, 2016 / 3:15 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, I want to start off just by saying quickly that I know on these complex consular issues emotions can run high. I also know that by working together we can make progress on consular cases, and that I will continue to advocate for decorum and respect in the House. That is part of the conversation we have been having today.

Today we will continue the debate on the Standing Orders. Tomorrow, we will discuss Bill C-4, on unions, and Bill C-24, An Act to amend the Salaries Act.

Next week, we will all be working hard in our constituencies, and I wish everyone well and I wish them a happy Thanksgiving. Upon our return, we will have two opposition days, the first on Monday, October 17, and then on Thursday, October 20.

On Tuesday, we will commence second reading debate of Bill C-16, the gender identity legislation, and also report stage and third reading of Bill C-13, concerning the World Trade Organization, provided the bill is reported back to the House tomorrow.

Last, on Wednesday, we shall call Bills C-4 and C-24 with the hope we can dispose of the union bill that day and have it sent to the Senate.

Criminal CodeGovernment Orders

May 20th, 2016 / 1:10 p.m.


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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I thank my colleague from Elgin—Middlesex—London. I know her predecessor. I am not sure what they put in the water in that riding, but I do notice that both she and her predecessor demonstrated respect for the institution and its members. I thank her for her tone and the arguments she presented.

The only real collaboration between the government and the opposition on this extremely important issue happened while the report to the government was being written. I was present at one of the meetings. It was an exceptional instance of collaboration among senators and MPs of all stripes. Unfortunately, the bill before us is very different from the recommendations in that report. That should be cause for concern.

The government is so focused on meeting the supposedly incontrovertible June 6 deadline, failing which, it says, there will be a disastrous legal void. I do not buy that, because the Supreme Court set up a legal framework within which we can operate, at least temporarily.

Can my colleague speak to the steps available to the government to truly work collaboratively on Bill C-16 and, as in Quebec, achieve the greatest consensus possible on the issue, knowing that unanimity is not possible in any case?

Life Means Life ActPrivate Members' Business

May 19th, 2016 / 5:30 p.m.


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Conservative

Ron Liepert Conservative Calgary Signal Hill, AB

moved that Bill C-229, An Act to amend the Criminal Code and the Corrections and Conditional Release Act and to make related and consequential amendments to other Acts (life sentences), be read the second time and referred to a committee.

Mr. Speaker, I rise today to speak to Bill C-229, which would amend the Criminal Code and the Corrections and Conditional Release Act. Before I outline my reasons for bringing this bill forward, I want to make a few general comments, primarily for the members of the opposition who, I am sure, when speaking to this bill, are likely to say that it is just another approach to legislation by a hard right-wing Tea Party Conservative member.

However, I supported Bill C-14 at second reading and in all likelihood will support the bill at third reading. I will be supporting Bill C-16 because I believe all Canadians should be treated with equality and, frankly, it is the motivation behind proposing this legislation, which I will explain in a moment.

I am sure we can all agree that Canada has a reputation as a peaceful country of compassionate neighbours who live in relative comfort and security. We are fortunate that as a country our crime rates are low and we are generally able to walk our streets without fear. However, we must also acknowledge that there are some in our country who seek to do harm. There are some individuals who do not respect our values of peace and compassion. These individuals seek to harm others and make us feel unsafe in our homes, on our streets, and in our communities.

In our country, we perceive that people are innocent until proven guilty beyond a reasonable doubt, and that principle should never change. However, when someone is proven guilty beyond a reasonable doubt of heinous crimes such as multiple murders or murders which are so brutal that they upset us to even hear about them on the evening news, that person must be seriously punished for his or her actions. When a life is taken in such a manner, the families and loved ones of the victims are in essence given a life sentence with no chance of ever seeing that loved one again.

In the past 10 years, the former Conservative government introduced and passed over 60 substantive pieces of legislation to help keep criminals behind bars, to protect children, to put the rights of victims ahead of criminals, and to crack down on drugs, guns, and gangs.

I want to highlight some of the former Conservative government's justice accomplishes. They include the Serious Time for the Most Serious Crime Act, the Tackling Violent Crime Act, the Canadian Victims Bill of Rights Act, the Tougher Penalties for Child Predators Act, the Safe Streets and Communities Act, the Abolition of Early Parole Act, and the Drug-Free Prisons Act.

The most serious offence in the criminal code is murder. First degree murder, a murder that is planned and deliberate, carries a mandatory penalty of life imprisonment with an ineligibility of parole for 25 years. Murders that are not planned and deliberate carry the same penalty where they are committed in certain circumstances, including where they involve the killing of a police officer or sexual assault.

Through previous legislation, the former Conservative government strengthened penalties for murder, including eliminating the faint hope clause, which allowed a murderer to apply for parole after 15 years, and enabling consecutive periods of parole ineligibility for multiple murderers so they would no longer receive a sentencing discount.

Today, I am introducing the life means life act to ensure that the most heinous criminals would be subject to mandatory life sentence without parole. The life means life legislation would ensure that offenders who were convicted of heinous murders and those who were convicted of high treason would be imprisoned for the rest of their natural lives with no access to parole. This would include murders involving sexual assault, kidnapping, terrorism, the killing of police officers or corrections officers, or any first degree murder that would be found to be of a particularly brutal nature.

The life means life act would amend the Criminal Code to make a life sentence without parole mandatory for the following crimes: first degree murder that is planned and deliberate and that involves sexual assault, kidnapping or forcible confinement, terrorism, the killing of police officers or corrections officers, or conduct of a particularly brutal nature; and high treason.

The bill also gives courts the discretion to impose a sentence of life without parole for any other first degree murder where a sentence of life without parole is not mandatory, and second degree murder where the murderer has previously been convicted of either a murder or an intentional killing under the Crimes Against Humanity and War Crimes Act.

The law allows a criminal serving life without parole to apply for exceptional release after serving 35 years. This application would be made to the Minister of Public Safety and the final decision would rest with cabinet. The family of the victim would be able to provide input before any decision. This is consistent with the traditional approach of granting clemency and addresses legitimate constitutional concerns.

I recognize that some of my colleagues will object to this bill. They will say it is wrong to lock up someone for life because the person can be rehabilitated. To them I say, no amount of rehabilitation can bring back the victim of a murder. No amount of rehabilitation can bring back the stolen birthdays, holidays, and special moments in that victim's life. No amount of rehabilitation can bring back that victim to his or her family.

I believe Canadians will largely agree that some crimes should result in the murderer never walking free again. The victims of these murders deserve nothing less. As I said at the outset of my remarks, some of my colleagues will say this is just another Conservative tough-on-crime bill. Well, I am a Conservative and this does fit the definition of tough on crime. Similar laws already exist in the United States, the United Kingdom, New Zealand, and Australia. These governments have found similar measures to protect victims and their families.

To those who would call the bill another Conservative tough-on-crime bill, I would say to them that they are right. As mentioned earlier, when in government, our party introduced a series of measures to restore the balance between the rights of the criminal and those of the victim's family. I believe this bill is the final piece of the Conservatives' efforts to ensure that the scales of justice in the future are never tipped in favour of those who commit heinous crimes at the expense of the family of the victim.

Motions in amendmentCriminal CodeGovernment Orders

May 17th, 2016 / 3:50 p.m.


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Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

Madam Speaker, I rise on a point of order. If you seek it, I hope you will find unanimous consent for the following motion: That Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code, be deemed to have been read a second time, referred to a committee of the whole, reported to the House without amendment, concurred in at report stage, read a third time, and passed.

Copyright ActGovernment Orders

May 17th, 2016 / 12:30 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Mr. Speaker, I rise on a point of order. I was very pleased this morning that the Minister of Justice introduced Bill C-16, which would guarantee equal rights for transgender and gender-variant Canadians. This bill passed in the House of Commons in 2011 and passed again in essentially the same form as a private member's bill that I introduced in 2013. I was very pleased the minister made a commitment to deal with this bill expeditiously.

Therefore, I would like to move the following motion: That, notwithstanding any Standing Order or usual practice of the House, Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code, shall be deemed to have been read a second time and referred to committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage, and deemed read a third time and passed.