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

[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 trangendered 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 more safe and 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]

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 advisor.

[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.

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

Mr. Speaker, at this point, we are setting a legislative framework within the Canadian Human Rights Act to ensure that we have the right protections there. Within our Criminal Code, the sentencing stage will take into account bias as an aggravating factor to prevent the propagation of hate propaganda. Those are the steps we need to take to ensure that we lay the groundwork.

As a community, it is going to take us stepping up and making sure that we point out to everyone in our communities that this kind of discrimination is not acceptable. That is another piece in this, beyond the legislation, if we are to actually see action taken.

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Mr. Speaker, I will focus my comments not on the content of this bill, Bill C-16, but rather on what I believe is a deeply flawed, undemocratic process that has returned this bill from the Standing Committee on Justice and Human Rights to Parliament without hearing from any independent witnesses.

I am supportive of any initiatives that help protect persons from hate speech. I also absolutely agree that there can be no tolerance for bullying or violence of any kind for any reason. Parliamentarians and all Canadians have a responsibility to do their part to confront bullying, hate speech, and violence. My concern is that dissent of any kind will be construed as hate speech and could subsequently lead to Human Rights Tribunal hearings or, worse yet, criminal charges being laid. I am concerned that this bill would cause fear for many Canadians that they would not be able to even discuss public policy issues such as this one because they disagree with the government's imposed agenda.

I believe the government and the Minister of Justice directly owe Canadians a clear answer to the following question: What would the impact of implementing Bill C-16 be on immigrant groups and faith groups who may be at odds with gender fluidity concepts? Would they have the freedom to teach their children and practise their beliefs without being accused of hate speech or being accused of human rights violations? Yes or no?

Any law that limits legitimate discussion and debate of closely held beliefs presents a danger to freedom of expression, a fundamental value held dear by people across the political spectrum. The right to disagree is sacred to freedom in our society. It is the lifeblood of both new ideas and age-old protections. The United Nations Universal Declaration of Human Rights, article 18, 1948, states:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either...in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

For me and millions of other Canadians who acknowledge the supremacy of God, as the first words of our charter affirm, there is the reality that our faith journey is the foundation of our world view. Freedom of religion is a fundamental right, and so it is of paramount importance that Bill C-16 would not infringe upon that fundamental freedom. Today we are debating at third reading a bill that proposes some very fundamental changes to definitions and principles of society. The imposition of a fundamental values system change of this magnitude must be given complete due process here in Parliament.

The current government promised transparency, openness, and accountability. The Liberals assured Canadians that things would be done differently. All members of this House are aware that the normal course of action for a bill that passes on second reading is to send it to the corresponding committee for study, calling of witnesses for input on the content of the bill with the potential for changes or amendments to be made before it comes back for third reading, and a final vote by Parliament. Yet here we are asked to vote on a very substantive bill without the benefit of committee discussion notes or the transcription of witness input to inform our decision. The government has chosen to shortcut the democratic process; a different approach for sure but not what Canadians should expect or have to tolerate from their government. This is a total disrespect of due process.

Those who may see this issue differently are simply being shut out of the debate. Of all the places that should encourage dialogue and debate, certainly Parliament should be at the forefront. Yet here we are choosing not to have an honest debate for fear that we might somehow upset the politically correct apple cart.

We have unfortunately already witnessed this chill on free speech at the University of Toronto as Professor Jordan Peterson is under constant attack for his refusal to use gender-neutral pronouns. Medical experts have lost their jobs not because of scientific knowledge or experience but because their views are out of step with current thinking.

Irene Ogrizek of Montreal wrote:

If Canadians who believe that gender exists on a spectrum are free to choose their words and reality, Jordan Peterson, as someone who interacts with them, has a right to choose his words and reality too, however objectionable that concept of equality might seem. Allowing one group to use freighted words like homophobe or racist or rapist to tarnish an individual’s reputation without proof violates a principle of fairness that some of us hold dear. If hate-speech is to be expanded in our criminal codes, and in Canada that seems inevitable, I suggest we include the egregious misuse of these accusations too. If we are to take the idea of diversity seriously, we can do no less for those who are falsely maligned.

I ask this again. Will parents continue to have their right to teach their children in accordance with their deeply held faith beliefs or will they be subjected to accusations of hate speech for simply living out tried and true principles which are informed by their belief in the supremacy of God, as affirmed in our Charter of Rights and Freedoms? Will faith leaders who teach their congregations to follow the principles clearly laid out in God's word also be subjected to accusations of hate speech, or will they be free to continue to practise with freedom as the UN Declaration of Human Rights declares?

I now echo the Right Hon. John Diefenbaker, whose view of Canadian freedoms expresses what we should all hold dear:

I am a Canadian, a free Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.

In closing, I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

“Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code, be not now read a third time, but be referred back to the Standing Committee on Justice and Human Rights for the purpose of reconsidering all of its clauses with the view to hearing from witnesses in relation to the impact of the bill on freedom of expression”.

[The Deputy Speaker, Bruce Stanton]

The amendment is admissible.

Questions and comments, the hon. Parliamentary Secretary to the government House leader.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I am a little surprised the member chose to introduce an amendment. I know there has been fairly wide expectation that the legislation, having gone through committee, would hopefully pass in a timely fashion. Over the years, there has been a great deal of effort by a wide spectrum of stakeholders, people very passionate about it. It has been debated extensively inside the chamber.

Does the member feel her amendment will do well in trying to advance what has been a very strong and passionate issue in the chamber for a good period of time, as many people seem to want, including the government of the day, to have the legislation passed?

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Mr. Speaker, the House deals with a lot of very passionate issues that have required, even in the last few months, an awful lot of conversation in the House and at the committee level. I hope I have made very clear that my concerns are not in regard to the rights of the individuals who are being presented as the root cause of the bill. My concern is that we hear, and it is made very clear within the House and through committee with witnesses, that the rights of all individuals in Canada to have freedom of expression, quite honestly to have a bias of opinion because we differ, to have that opportunity and not facie any kinds of criminal accusations because of expressing that freedom.

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

Mr. Speaker, I am very disappointed to see this amendment come forward at this late date. In committee, only one person voted against the bill, so it was not a partisan manner, and we had a long discussion about the fact that there had been three sets of public hearings on the Hill on the bill, and those transcripts are available to all members.

On the question she specifically puts in the amendment, it seems passing strange to me that her amendment does not include removing religious freedom from protections against discrimination, or gender, or race, because the argument she is making could be made exactly in the same manner, that we cannot have those in the human rights code because people might not be able to believe things about race or might not be able to believe things about relations between men and women. Obviously, it has not had those impacts. It has not affected free speech of those groups. How is the question of transgender, gender-variant rights any different than the other rights that are already in the Canadian Human Rights Act and the protected section of the Criminal Code?