Bill C-16 (Historical)

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

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.

Canadian Human Rights Act

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, much like my colleague, I am thrilled that this bill has been introduced, so that trans and non-binary individuals can finally enjoy the same rights and protections as all other Canadians. It is the very least we can do.

I am sure all New Democrats are delighted, because this bill is basically a carbon copy of bills we have been introducing for quite some time. We have been working on this file for quite a while now, and we really hope that it goes through, because it is so crucial.

Of course this is an important step, but it does not mean that the entire issue is resolved. LGBTQ communities still face problems and challenges.

I do not like putting the cart before the horse, but I want to ask my colleague what he sees as the next challenges and concerns to overcome.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, I thank the hon. member for her work in her riding on behalf of the LGBTQ community, and also here in the House for her constant support.

Many of the social problems of discrimination in housing and employment fall under provincial jurisdiction, but there are some very fundamental things that are in the hands of the federal government.

One of those is access to passports and identity documents that will help transgender people travel, be employed, and help them in all facets of their daily life.

A second one is a particular concern of mine that I raised in the House in 2012 and unfortunately in committee where we were laughed at for raising this concern. That is the concern of the emphasis on gender in airport screening, which has nothing to do with security but often causes humiliation and embarrassment to transgender people who are not currently in possession of documents that match their gender identity.

A third, which is very important and I have also worked on for a long time, is federal corrections and making sure that inmates are assigned to the proper correctional facility, because if they are not assigned to the proper correctional facility they face great danger of violence. This also applies to those under immigration detention who are quite often not in federal facilities but face the same kinds of problems if they are placed in the wrong institution.

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, today I rise to speak on an issue that is close to my heart. It is an issue that my colleague, the member for Esquimalt—Saanich—Sooke, has fiercely dedicated himself to over the years. We just heard about the long struggle and fight he had. I am humbled to share my time with him today, and I want to formally thank him for fighting to include explicit protection for gender identity and gender expression in the Canada Human Rights Act.

I also want to add my tributes to the groundbreaking work of former parliamentarians, Svend Robinson, Bill Siksay, and Craig Scott, all of whom were instrumental in bringing us closer to the inclusive society we want to create.

As the deputy critic for LGBTQ issues, I want to acknowledge the work that the government has done to bring this file forward. I applaud it for bringing this first critical step forward, with the introduction of Bill C-16.

Let me begin by reminding the House, as my colleague has, that this legislation should come as no surprise. Identical legislation has been presented numerous times to the House over the last five years, most recently in 2015, when the bill was left to die on the Senate's Order Paper at the time that the election was called.

This bill has been studied, reviewed, and, most importantly, it has been accepted by elected members of the last Parliament. Now Bill C-16 presents an opportunity for this government and this Parliament to show leadership at a time when our country and our global community needs it the most. We know that existing provincial patchwork legislation is not sufficient. We know that only seven of the 13 provinces and territories currently protect against discrimination based on gender expression and identity in their human rights codes. Canadians deserve swift federal action to provide leadership and to ensure protection in federal law against discrimination.

Earlier this year, people around the world witnessed the heartbreaking and gruesome events in Orlando. Words cannot convey how needless this tragedy was. The recent election in the United States, sadly, has given all of us even more reason to fear for our safety and our rights. May it serve as a heavy reminder that our global community remains unsafe for people who identify as LGBT or Q, and may we redouble our efforts to end bigotry and hatred.

Canada has an opportunity to show leadership within the international community. I suggest that we remember our responsibility as a signatory state to the UN declaration on sexual orientation and gender identity. Let us affirm our commitment to these obligations and secure equal rights for trans and gender-variant Canadians by adding gender identity and expression as prohibited grounds for discrimination under the Canada Human Rights Act.

As our country strives to be more inclusive, I will reflect upon the past, which unfortunately is riddled with instances of discrimination and violence toward the LGBTQ community. Thankfully, it is also full of tales of hope and resistance.

Not so long ago, on February 5, 1981, more than 250 gay men were arrested in Toronto for visiting bath houses. Many of those arrested in Operation Soap were publicly humiliated and faced lifelong repercussions as a result of this assault. I urge that we do not forget these dark moments in our history, as we forge our way forward to a future that is more fair and just for all Canadians.

In my riding and the surrounding area, we have a strong record of organization and activism around LGBTQ issues, from the Saskatoon gay liberation, led by Gens Hellquist in the 1970s; to Gay and Lesbian Health Services of Saskatoon, started in 1991, which continues its important work today as OUTSaskatoon; to the annual Breaking the Silence Conference, now in its 20th year, organized by education professor Don Cochrane at the University of Saskatchewan.

In 1999, Mount Royal Collegiate, a high school in my riding, was the first high school in the province to have a gay-straight alliance for students, spearheaded by teacher Patti Rowley. In June of this year, Beardy's & Okemasis First Nation held the first-ever Two-Spirit Pride Festival and parade on a first nation in Saskatchewan. We are lucky to have a robust history of community activism and work.

This activism has pushed governments to recognize the rights of the LGBTQ community, and has in many cases provided essential services to those who need them most. However, organizations and community activists alone cannot ensure that the rights of the LGBTQ community are respected. We need federal protections that explicitly prohibit discrimination on the basis of gender expression and identity. We need Bill C-16.

When the Minister of Justice introduced the bill, she noted that all Canadians should be safe to be themselves. I do not believe any one of us would disagree with that.

However, the hard truth of the matter is that not all people in Canada are safe to be themselves. Systemic discrimination toward the LGBTQ community persists across Canada, and perhaps most notably in our schools. LGBTQ students are three times more likely than heterosexual students to be bullied. Roughly 74% of trans students report having been verbally harassed about their perceived gender identity or sexual orientation, and nearly 40% of trans students report having been physically assaulted.

The bravery displayed by our young people who report physical and verbal assault after it happens is truly remarkable, but I am heartbroken, as many are, and utterly dismayed by the fact that seven out of 10 trans students are being harassed because of who they are.

It is not just young trans Canadians who desperately need a more compassionate Canadian society. Trans and gender-variant Canadians of all ages face unique barriers.

Many Canadians are unable to secure identification that correctly reflects their gender identity, which in turn imposes severe restrictions on their mobility and limits access to essential services. Those who identify as trans or gender-variant face a real struggle to earn a decent standard of living. They are discriminated against in the workplace and are often unemployed or underemployed.

We cannot stand idly by while such discrimination takes place in the workplace. In 2016, we need safe gender neutral spaces, including public washrooms. For Canadians who identify as trans or gender-variant, this challenge can be at best a nightmare, or at worst, life threatening. It is unacceptable that so many Canadians face these challenges each and every day.

We must do better, and we can start by extending trans and gender-variant Canadians the same rights and protections that all Canadians enjoy under the Canada Human Rights Act.

We have so much work to do in order to achieve the inclusive Canada we all envision. However, we have an exciting opportunity before us to make the lives of trans and gender-variant Canadians better, by supporting Bill C-16. The bill is an important and critical step forward on a long, slow, but steady march forward in the struggle to enshrine in law equality for all.

Next week, on Sunday, communities all over Canada and around the world will pause on November 20 to observe the Transgender Day of Remembrance. On that day, we will remember and honour those who have died due to transphobia.

Let us not just remember, let us not just honour, but let us act. I urge the government to act, to pass this long overdue legislation without delay. I urge all members of this house to support Bill C-16 to ensure the protection of human rights for all Canadians.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, I thank my colleague from Saskatoon West for the work she has done in this House on LGBTQ issues and for her support today for Bill C-16.

Earlier in one of the questions on the bill, the member for Churchill—Keewatinook Aski raised the question of two-spirited Canadians. I want to mention the conference taking place in my riding on the 25th and 26th, at the Victoria Native Friendship Centre, called 2 Spirits, One Heart, One Mind, One Nation. It is a B.C. aboriginal youth conference.

What I have heard many times, and I am asking the member if she has heard the same thing, is that some of the most discriminated against people are in fact transgendered aboriginal Canadians. Quite often they have the worst employment situation, the worst housing situation, and the worst alternatives facing them.

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, I want to thank my colleague for giving me the opportunity to speak momentarily on the issue of racism, sexism, and transphobia, and how those barriers and those issues in the community intersect. We do find, particularly in my community and in Saskatchewan, where young people are not only faced with the racism of being first nations, but are also dealing with many barriers. They are dealing with significant violence and discrimination because they are young aboriginal people and are transgendered.

I was very proud of the Beardy's & Okemasis first nation standing up for two-spirited people in Saskatchewan and across Canada, having a pride parade, raising the flag, having a celebration, and telling all people that they are welcome on that first nation.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, I noted in my colleague's excellent speech the discussion of some of the discrimination that is facing transgender people. I had the privilege of being with the member on the pay equity committee, but we focused mainly on the wage gap between women and men and not necessarily transgendered people, who are suffering from precarious work and discrimination against them in the workplace. I wonder if there is anything that the member would suggest to the government that could be done on that same pay equity path.

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, I thank my colleague in the House and on the pay equity committee for reminding me of some of the broader issues that we talked about at the committee. However, the scope was very focused. Our ability to start looking at the intersection of sexism, and, in this case, transphobia, in a wage gap between transgendered people and non-transgendered people, I think most of the committee members agree is the next step. As we look at pay equity for women, we will start to open up to look at the broader issues of when sexism, racism, homophobia, and transphobia intersect, and the real way that it impacts people's lives, including their ability to make a good quality of life and have a good standard of living.

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

Mr. Speaker, I thank my colleague for her excellent speech.

I was in the House during the last Parliament when my colleague, the member for Esquimalt—Juan de Fuca at the time, managed to get a similar bill passed, but we know that it did not pass in the Senate. In fact, it was not even debated in the Senate.

Is my colleague at all concerned about what might happen in the Senate should this bill pass here? Does she take any comfort in what she has heard so far from the government?

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, given the track record of the bill, one has to not take anything for granted. I think most of us are empowered to feel that in this day and age, surely the Senate will move forward, that it will not look back at the House and not follow through on what I hope is the passing, finally, of Bill C-16. One does wonder, when a bill like this has gone through the House so many times and has not been passed by the Senate. My hope would be that finally the day will come and we will see equal human rights for all Canadians.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Mr. Speaker, it is an honour today to speak in support of Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code, particularly because today we are on the eve of the Transgender Day of Remembrance, which is Sunday, November 20.

It is a day that gives us a chance to remember and reflect upon the discrimination that has been suffered and continues to be suffered in our country by the transgender community but also to give strength and think about how we go forward.

Today my heart has been warmed to hear the debate and the very non-partisan nature in which we have exchanged ideas. That helps to pave the way forward as we look at a bill such as Bill C-16.

Since I have taken my seat in this place, I have taken a lot of time to think about what it is I treasure about our country and about Canadian values. To me, it is being a safe and welcoming place and celebrating our diversity. The two are interconnected, because we cannot celebrate our diversity if we are not a safe and welcoming place. This bill helps us to become a safer and more welcoming place.

I grew up in the 1970s. There was a record that was very popular at the time called Free To Be You And Me. It said:

Don't dress your cat in an apron
Just 'cause he's learning to bake.

There were all sorts of other songs and poems, but the theme, the lesson for all of us, was that we all had the opportunity to grow up being true to ourselves and who we were and that no one should be defining us.

That is something that, as a parent today, I take very seriously. I want my children, all of our children, people growing up in this country, to know that they have that freedom. They should be comfortable and safe being true to who they are.

It goes to principles. An organization called Gender Spectrum states that a person's gender identity is “[o]ne’s innermost concept of self as male or female or both or neither—how individuals perceive themselves and what they call themselves”.

That is what we are talking about today. Bill C-16 creates a protection for gender identity and gender expression that helps pave the way. It states:

This enactment amends the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination.

We have had some discussion about that today, and it has already been pointed out that this is not the first time this type of protection is being added to human rights codes. In fact, across our country, most of our provinces and territories have already adopted such protections. We are catching up federally. It is an important step we must take. Discrimination is still an issue, and it is something this legislation needs to address.

Trans Equality Canada has provided some statistics. The unemployment rate in Ontario for transgender people is three times the national average. Nationwide, from a survey of transgender youth, three-quarters of transgender youth have faced verbal harassment in school, and 37% have faced physical violence.

If we want to be that safe and welcoming place that I believe our country is and should be, then we need to step up and provide these protections.

The bill also makes amendments to the Criminal Code. It expands the Criminal Code prohibition against hate propaganda to include protections for gender identity and gender expression. It also requires sentencing judges to consider whether an offence was motivated by bias, prejudice, or hate based on gender identity or gender expression.

These amendments to the Canadian Human Rights Act and the Criminal Code are particularly important, as I have said, as we lead into the Transgender Day of Remembrance and we take stock and reaffirm our commitment to ensuring that this does not continue to happen.

Transgender Europe is a European advocacy group. They monitor violence against transgender communities and gender-diverse communities worldwide. From October 1, 2015 to September 30, 2016, they recorded 295 murders. That is a tremendous number, and that is only what was reported and recorded. These are individuals who deserve our protection.

Bill C-16 is a first step in that direction. It is a first step for us federally to provide further protection.

I want to take a step back and acknowledge that it is not just legislation that is going to get us there. That has been mentioned in this place before. We are going to have to look at how we can be a safe and welcoming society. It is not just a matter of legislation, but it is a first step.

I want to acknowledge the work that is being done on the ground by so many people. I would like to begin by acknowledging the work that has been done by the member for Esquimalt—Saanich—Sooke on this issue. He has been working on it for a long time. It is important to have advocates who make sure that we keep working on issues.

My own community has the Triangle Program, which is Canada's only LGBTQ high school. It celebrated its 20th anniversary this year, which is really quite amazing. A member of my community, John Campey, helped to create that high school, and it is a safe and welcoming place.

Other individuals in my community work very hard. One is Susan Gapka. I am sure that Susan Gapka is watching closely as we continue this debate today. Another individual is Rachel Lauren Clark. These are two individuals who work fiercely to advance these issues.

We also have MCC Toronto, the Metropolitan Community Church. It works hard to build a safe place within a faith community.

There is a trans-resource education and advocacy team. I love that the acronym is TREAT. It creates an education network and an advocacy network for gender-diverse people and allies.

On Canada Day this year, I had the opportunity to go to the trans fair and see so many people taking on these roles. I have named some here today but there are many people who are working hard in our communities. They need to be honoured, because that is how we are going to make progress beyond having a bill, which as I said, is a first step.

Parliament has a poet laureate, George Elliott Clarke. I asked if he could write a poem to do with Bill C-16 and transgender and gender-diverse communities. He wrote quite a beautiful poem that really captures a lot of what we are talking about today.

I should mention that an excellent translation of the poem was done by Robert Paquin.

Today I will read the English version of the poem only.

Now, you and me and he and she and they
Are pronouns defining Humanity,
But they're not—really not—definitive:
For how we lean determines how we live.
Note that he is within she or that she
Includes he: fluid is identity;
Male is partly female, because female
Carries male. To whit, Gender's not a jail.
So, to be transgender is to be free
To be one's entire personality,
A chosen body, unfrozen from Fear,
Liberated from Custom, free to dare,
To wear what fits, not what suits restrictions,
And to be facts, not plausible fictions.
Transgender's transgressive because it frees
Masculine and feminine, as they please.

I would like to thank our poet laureate for that lovely poem that really summarizes a sentiment that I believe underscores Bill C-16 and why we need to move forward with this legislation.

It has been an honour to speak today in support of this legislation. I am hoping that we can stand up as a House and support this important step.

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, I want to thank my colleague for sharing wise words and support for a very important bill, which would grant human rights to all Canadians. Today we are talking about making sure that transgender and gender-variant Canadians receive the same protection as other Canadians.

I am wondering if my colleague might comment on the long road it has taken to get Bill C-16 here and why it is important at this time that the federal government take leadership. Perhaps she could share with us how speedily we can see this come forward and make a difference in people's lives.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Mr. Speaker, our government made the tabling of this bill a priority very early on in our first session in Parliament.

My colleague is correct. It has taken a very long time to get to where we are now. However, we are here. Our government has tabled this bill. I have heard very hopeful comments across the way. In the vote at second reading we saw hopeful signs that we can push this forward. I will advocate for it, and I am hoping that I can depend on my colleague to do the same.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, I understand that there is a special adviser who has been appointed. I am wondering if the member can lay out some of the initiatives that will be undertaken with the work of the special adviser.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Mr. Speaker, as my colleague has mentioned, the parliamentary secretary for Canadian heritage is now the special adviser on LGBTQ2 issues. Having someone who will be an outreach and point person is an important signal and an opportunity to help this government make sure we do what we have promised to do, which is create a safe and welcoming country where we take into account diverse perspectives.

I am a strong advocate of gender-based analysis. That is something I like to see applied in everything I do in this place so that we bring in different perspectives. I hope our special adviser is someone who can make sure that this voice is not lost as we continue our debate.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, now that the legislation will pass, I know that with the number of cases of discrimination and hate crimes that exist, we are likely to see more activity there. I wonder if the member could comment on what additional resources or actions we need to take to make sure we can handle that caseload.