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

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

Mr. Speaker, I know this is disappointing to him and many others in the House at this point, but I feel it is my responsibility.

Quite honestly, the member for Esquimalt—Saanich—Sooke and I were at an event where the Minister of Immigration presented what was happening with the movement of Syrian refugees to Canada. I was pleased to support him when he stood up and asked the question, “There will be a gay community, we know, coming over as refugees to Canada. How can we as a gay community here know who they are and be available to them to help them settle and assimilate in Canada?”

The minister responded that he did not know exactly who they were or when they would come, but they would certainly make sure that they had that opportunity, which I applaud.

Then I got up and asked the minister if he could clarify for me who the Christians were who would be coming over as part of that Syrian refugee group so that the Christian community in Canada could do the same, to which he replied, “I would hope that all Christians in Canada would be accepting of all refugees coming to Canada, regardless of their faith, to which I replied “Absolutely, of course.” Look at our record in Canada of being there for refugees of any faith, background, or whatever. However, I said, “That's not my question. My question is, can we identify those people.” It was made clear, over the course of time, that ethnic and religious minorities were not the priority of the government.

I had a wonderful conversation with the member afterward. He thanked me for supporting the gay community coming to Canada. I said, “No one should die or be afflicted in any way for their beliefs or their perspectives.”

He said they had to set up separate camps for them because they were being attacked and killed. I made the comment that Christians were not even making it across the water, that they were being thrown off the boat before they got there, to which he replied, “I don't want to argue.”

I replied, “Neither do I. All I want is fairness.” That is what I am asking for with this amendment.

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Mr. Speaker, there is no question that as parliamentarians we value healthy debate. What we must also be very clear about is the attempt we are seeing here to truly stand in the way of a minority community in Canada that has experienced some of the highest levels of violence because of who they are.

It is 2016, and as my colleague from Esquimalt—Saanich—Sooke has explained, this is the only community whose voices have had to come forward three times to change legislation to protect their fundamental human right to safety and security. Therefore, when I hear attempts, as we have seen today, to block this community from achieving the protection that we all deserve and that we all have, it truly saddens me in terms of the state of Parliament and the way we perceive our work in this place.

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

Mr. Speaker, the essence of what I am saying here is being lost on the member, because at this point, it is not about what they are looking for, it is about a balance and a confidence across Canada that everyone's rights are going to continue to be protected.

My fellow member in the House from my own side of the floor, when speaking about the protection of parents to have the right to determine to teach their children to be in the public square, to share that in whatever circumstances, said that she doesn't think that will happen.

I am sorry, but that is not solid enough for me. I want to know that the House supports the rights and freedoms of religious belief as strongly as ever, and I want to see it in witnesses and this issue being dealt with properly within the House.

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

Mr. Speaker, I want to be clear, as I said earlier today in the House, I am in support of Bill C-16, but what I am not in support of is due process not being followed.

There is an example here where they can say that the committee took its majority and basically decided to proceed. This is not the first time. It was also done on the national anthem.

I am against not following due process. This is my issue with respect to this amendment, and I wonder if the member could comment.

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

Mr. Speaker, I thank the member for bringing that back home, because that is truly my concern as well.

We have a responsibility here. I understand that this has been discussed for a long time. There are a lot of issues before the House that have been discussed for a very long time. I have a responsibility within the House, and to my constituents as well, that we follow due process and that we have on the record the things that should be on the record. Again, as I said, we have the opportunity to do that. It is why I put forward this motion.

[The Deputy Speaker, Bruce Stanton]

Is the House ready for the question?

[Some hon. members]

Question.

[The Deputy Speaker, Bruce Stanton]

The question is on the amendment. Is it the pleasure of the House to adopt the amendment?

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, Bruce Stanton]

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

[Some hon. members]

Yea.

[The Deputy Speaker, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker, Bruce Stanton]

In my opinion the nays have it.

(Amendment negatived)

The question is now on the main motion.

Is the House ready for the question?

[Some hon. members]

Question.