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.

Gender Equality

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

Mr. Speaker, I rise to present petition e-4666, signed by some 11,000 Canadians from every province and territory.

The petition notes that, despite legal progress made with the passage of Bill C-16 in 2017, transgender and gender-diverse people continue to be denied full equality and denied the safety and acceptance that every Canadian deserves.

The signatories call on the Government of Canada to implement the 29 recommendations of the “White Paper on the Status of Trans and Gender Diverse People” tabled in the House last June. Action to implement the recommendations in the white paper would allow trans and gender-diverse people to live free from violence and hate and to have access to gender-affirming health care, access to housing and, most of all, freedom to live as their true and authentic selves.

I want to thank the author of this petition, Fae Johnstone, trans activists and the thousands of people who stood together in solidarity with transgender and gender-diverse people by signing this petition.

Diversity and Inclusion

[Lloyd Longfield, Liberal, Guelph, ON]

Mr. Speaker, I have the honour to present in both official languages a petition from the members of the Dublin Street United Church in Guelph that draws the attention of the House to their concern about the growing rhetoric against trans and non-binary people. They are calling on the House to issue a strong government statement supporting gender identity, gender expression and the protection of trans people, including children; to enshrine into the Charter of Rights and Freedoms the important rights for trans and non-binary children, youth and adults already cited in Bill C-16; and to implement other awareness-raising measures to help counter this dangerous anti-trans rhetoric.

I thank the members of Dublin Street United for their advocacy.

Criminal Code

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

Madam Speaker, conversion therapy has been found by all experts to be fraudulent and harmful. It is not sanctioned by any professional organization and many Canadians are surprised this practice still goes on in Canada. However, we heard powerful testimony at the justice committee, documenting the fact that conversion therapy still took place in both what I would call its traditional form, focusing on sexual orientation, and in a new form that argues that those who are transgender, non-binary or gender diverse ought to be talked out of their personal identity.

The New Democrats and almost all members of the SOGI community have long been calling for a complete ban on conversion therapy in all its forms. What we have before us, after amendments at the committee, is a bill that comes close to a complete ban, as close as possible without actually being one.

The Minister of Justice has repeatedly said that the reason for not going ahead with a complete ban is his fear that it would not survive a charter challenge on the basis that it would restrict the rights of consenting adults to freely choose to subject themselves to conversion therapy.

There is an alternative argument that says a complete ban would indeed likely survive a charter challenge because there are strong legal precedents that argue that no one can actually consent to being defrauded or injured. The clearest parallel in the Criminal Code is the case of fight clubs, which remain illegal, as one cannot consent, no matter how freely, to being physically injured. Therefore, if the evidence is undeniable that conversion therapy is inherently fraudulent and harmful, the same legal principles should apply.

What is banned in Bill C-7? The strongest provision in the bill is a complete ban for minors, including the offence of transporting a minor outside the country to undergo conversion therapy, which is a much more common practice than most Canadians would assume.

Growing up in a society that remains heteronormative and intolerant of any challenges to the binary cisgender norms is challenging enough for queer youth without ending up being pressured into therapy whose goal is to get them to deny who they actually are.

Though Bill C-6 does not institute a complete ban on conversion therapy, it will establish an effective ban on the practice as it prohibits generally what might be called the business practices around conversion therapy. This means there will be a ban on charging for, or profiting from, conversion therapy and a ban on paid or unpaid advertising of conversion therapy.

Working together at committee, we did strengthen Bill C-6, although the Conservatives are acting like no amendments actually took place at committee. One of the most important improvements was to alter the original language in Bill C-6, which proposed banning conversion therapy “against a person's will”. This was vague language with no parallel elsewhere in the Criminal Code of which I know. My amendment was adopted to change this language to a ban on conversion therapy “without consent”.

Using the language of without consent clearly situates the ban on conversion therapy within the well-understood and well-developed Canadian jurisprudence on what does and does not constitute consent. I was disappointed that a second amendment, which sought to spell out the specific limitations on consent that would apply in the case of conversion therapy, was defeated. The testimony we heard from survivors about the kinds of duress they were almost universally under to subject themselves to conversion therapy would clearly obviate any claim of consent.

The second important improvement made at the justice committee was to expand the scope of the definition of conversion therapy to include gender identity and gender expression. This makes the language in Bill C-6 consistent with our existing human rights legislation and the hate crimes section of the Criminal Code as amended by Bill C-16. This is important as the new forms of conversion therapy I mentioned are directed at transgender and gender diverse individuals and at the attempt to get them to deny their gender identity under the guise of helping individuals “adjust”.

A third change to Bill C-6 made at committee was to add to the definition of what was in effect a for greater certainty clause stating what was not covered in the ban, something the Conservatives say they wanted and something they are certainly ignoring as it is now in the bill.

Bill C-6 now makes clear that it does not ban good faith counselling. Let me cite the specific definition again, as I did in my question earlier, as it could not be more clear. This definition “does not include a practice, treatment or service that relates to the exploration and development of an integrated personal identity without favouring any particular sexual orientation, gender identity or gender expression.” That is specifically in the bill.

Opponents of Bill C-6 continue to insist that the bill will somehow prevent conversations between parents and children or pastors and their faithful on the topics of sexual orientation or gender identity. There is no truth to this claim. The only way these conversations could be captured is if, in fact, they were part of a sustained effort to change someone's sexual orientation or gender identity that constitutes a practice or service under the bill. It would be a giant stretch to characterize efforts of parents or pastors to “try to talk their kids out of it” as a practice, service or therapy.

The vehemence of the debate on Bill C-6 around gender identity certainly reflects the fact that trans and gender-diverse Canadians face the highest levels of discrimination of any group in Canada. That discrimination results in high levels of unemployment, difficulties in accessing housing and high levels of violence, including the murder of two transgender Canadians in the last year alone, just for being trans.

During hearings in committee there was a wave of hatred expressed toward me as an individual on social media, which showed me the level of hostility generally toward trans and gender-diverse people in our country. The insults thrown at me ranged from interfering with parental rights to supporting mutilation of children and, most absurdly, being in the pay of big pharma, apparently because transitioning involves hormones. That is a particularly ill-informed charge against someone who has fought all my time in public life for reducing the power of pharmaceutical companies through shorter patents, expanded use of generics, bulk-buying to bring down costs and, ultimately, the establishment of universal pharmacare.

Those insults also included direct threats of violence directed at me, but, again, I remind myself that the hatred I saw, and will inevitably see again after this speech today, provided only a small glimpse into what transgender and gender-diverse Canadians face every day of their lives.

Many of those objecting to the bill have used what I call a “false detransitioning narrative”. To be clear, I am not rejecting the validity of the stories of individuals who may have chosen to detransition, but opponents of Bill C-6 have adopted those stories to construct a false narrative about the number who choose to detransition and their reasons for doing so. Professional, peer-reviewed studies from the U.K. and Scandinavia tell us that very few transgender people actually later detransition. Both major studies cite a number of fewer than five in 1,000 who detransition, and, even more interesting, both studies report that most of them say they detransitioned not because it was not right for them, but because they did not get support from family, friends and the community they live and work in.

The implication by critics seems to be that there is something in this bill that would prevent counselling concerning detransition, when this is absolutely not the case. Using the detransition narrative to detract Bill C-6 is false, in that I am pretty sure this argument often actually has nothing to do with the ban on conversion therapy being proposed; it is an argument about the very validity of transgender Canadians.

Let me say that I find these arguments against the bill, and being at my most charitable, are at a minimum parallel, if not identical, to those that continue to cause harm to trans and gender-diverse Canadians, and they indicate why we need this ban. At some point, some might ask why have a bill at all, when CT is universally condemned as fraudulent and harmful. Again, as many members have pointed out, studies show that literally tens of thousands of Canadians have been subjected to this practice.

It is important to listen to the voices of survivors of conversion therapy; only then can we understand the need for this bill. Once again, I want to extend personal thanks to two survivors, Erika Muse and Matt Ashcroft, who spent a lot of time with me trying to give me a better understanding of the horrors they faced and their own challenging roads to recovery.

On a personal note, let me say again that I have seen progress in my lifetime for some in the sexual orientation and gender identity community, but we have a much longer road to follow when it comes to those who are transgender and gender-diverse. What a ban of conversion therapy really says is this: we know it is impossible to change someone's sexual orientation, gender identity and expression, and trying to change or repress one's identity is harmful. Let's stop literally torturing young Canadians for being who they are. Let's put an end—

Transgender Day of Remembrance

[Wayne Long, Liberal, Saint John—Rothesay, NB]

Madam Speaker, trans rights are human rights. That is why I was proud to vote in favour of Bill C-16, which entrenched trans rights in the Canadian Human Rights Act in the last Parliament. It is also why I was proud to vote in favour of banning conversion therapy by voting in favour of Bill C-6 at second reading last month. However, despite the tremendous progress we have made toward ensuring the protection of the rights of trans Canadians over the past five years, we still have much work to do to ensure that we eradicate transphobia in Canada.

On this Transgender Day of Remembrance, let us reflect upon the lives that have been lost as a result of transphobia, and the hatred, violence and discrimination it fosters. Let us redouble our commitment to tackling the scourge of transphobia and ensuring that the rights of all trans Canadians are protected.

Criminal Code

[Pam Damoff, Liberal, Parliamentary Secretary to the Minister of Indigenous Services]

Madam Speaker, I will be sharing my time with the member for Outremont.

I would like to start by acknowledging that I am speaking from the traditional territory of the Mississaugas of the Credit First Nation.

I am proud to speak today in favour of Bill C-6, an act to amend the Criminal Code in regard to conversion therapy. The bill would amend the Criminal Code to criminalize conversion therapy related conduct. The proposed amendments would protect minors from conversion therapy both within and outside of Canada, adults who are vulnerable to being forced to undergo conversion therapy and Canadians from the commercialization of conversion therapy.

Conversion therapy refers to alleged treatments that seek to change the sexual orientation of bisexual, gay and lesbian individuals to heterosexual, a person's gender identity to cisgender and to repress or reduce non-heterosexual attraction or non-conforming sexual behaviour. This outdated and much maligned practice comes in many forms including counselling, behaviour modification and talk therapy.

In our 2019 platform, the government made a commitment to protect the dignity and equality of LGBTQ2 Canadians by ending the dehumanizing practice of conversion therapy. The bill supports that promise and builds on other related measures, including those from the last Parliament when we strengthened protections for transgender people in the Criminal Code and the Canadian Human Rights Act, through the former Bill C-16.

I had the pleasure of joining the health committee in the last Parliament for the study on the health of LGBTQ2 Canadians. A number of witnesses spoke about the negative impact that so-called conversion therapy has. I always hesitate to use the word “therapy” because therapy to me implies something positive while there is nothing at all positive about this discriminatory practice.

While many witnesses spoke about this issue, I want quote Dr. Travis Salway, post-doctoral research fellow at the school of population and public health at the University of B.C. who testified at committee. He said:

Conversion therapy is an umbrella term for practices that intend to change an individual's sexual orientation and gender identity. It is among the most extreme forms of psychological abuse and violence, leaving those exposed to manage the stress associated with a severe form of withholding for many years. ...conversion therapy has been unequivocally denounced by the Canadian Psychological Association and multiple other professional bodies.

Despite those denouncements, in a recent Canadian survey, 4% of sexual minority men reported having attended conversion therapy. On this basis, as many as 20,000 sexual minority men and countless more sexual minority women and transgender people have been exposed. Exposure to conversion therapy was associated with numerous health problems in the study we conducted. Most notably, one-third of those who had completed conversion therapy programs attempted suicide.

Sexual minority youth are especially vulnerable to being enrolled in conversion programs against their will, yet in Canada we lack federal policies to protect our youth from these harmful practices. Many, if not most, conversion programs are practised outside health care providers' offices. Thus, the current situation in which some provinces ban conversion practices by a subset of providers is insufficient and inequitable....

Suicide attempts, suicide ideation, treatment for anxiety or depression and illicit drug use were all higher in those who had attended conversion therapy. The health consequences are quite large. That suggests to me that as an infringement, as an assault, putting someone into conversion therapy, especially youths who aren't able to choose for themselves, is quite a serious offence....

Dr. Salway's testimony was echoed by other witnesses, which led the health committee to recommend, “That the Government of Canada work with the provinces and territories to eliminate the practice of conversion therapy in Canada and consider making further modifications to the Criminal Code.” The bill we are debating today fulfills this recommendation, as well as the calls from advocates and the medical profession and our own commitment to end the abhorrent practice of conversion therapy.

Yesterday, the member for Esquimalt—Saanich—Sooke spoke eloquently and passionately about the bill. He quite accurately described a number of red herrings that are circulating to discredit the bill and create confusion in the public. The bill would in no way criminalize affirming support to those struggling with their sexual orientation or gender identity, given by friends, family members, teachers, social workers or religious leaders.

I have seen a flyer circulated by Campaign Life Coalition claiming that the bill would “deny spiritual guidance and pastoral care for people who identify as LGBT even if they ask for it”, and that “Many Canadians have seen their lives turned around by turning to clinical therapy, prayer and spiritual counselling to overcome unwanted same sex attraction”.

There were more absurd and troubling claims made, but I am not going to justify them by repeating them here in the House of Commons. I am deeply disturbed by these claims, which are fundamentally based on the belief that sexual orientation and gender identity are a choice that an individual makes. They ignore the very real harms of conversion therapy: self-hatred, depression, suicidal ideation and suicide attempts.

These claims and the practice of conversion therapy as a whole also perpetuate harmful myths and stereotypes about LGBTQ2 people, in particular, that sexual orientation other than heterosexual and gender identities other than cisgender can and should be changed. This type of discriminatory messaging stigmatizes LGBTQ2 persons, undermines their dignity and goes against our shared goal of equality.

Given conversion therapy's proven harms and its impact on the most marginalized among us, this bill would define conversion therapy for Criminal Code purposes as “a practice, treatment or service designed to change a person’s sexual orientation to heterosexual or gender identity to cisgender, or to repress or reduce non-heterosexual attraction or sexual behaviour.”

Secondly, this legislation will criminalize causing minors to undergo conversion therapy, removing minors from Canada to undergo conversion therapy abroad, causing a person to undergo conversion therapy against their will, profiting or receiving a material benefit from the provision of conversion therapy and advertising an offer to provide conversion therapy.

Our government's approach will protect all minors from conversion therapy because we know that minors are disproportionately impacted by this harmful practice. The offences I listed above, taken together, fill a gap in the criminal law by specifically addressing conversion therapy conduct. They respond to the evidence and, together with existing offences that address aspects of conversion therapy such as assault and forcible confinement, create a comprehensive criminal law response to the harms that conversion therapy is known to cause.

The proposed offences in the bill would not include legitimate therapies, primarily because gender-affirming practices, treatments and services do not aim to change a patient's sexual orientation to heterosexual or gender identity to cisgender, nor are they aimed at repressing or reducing non-heterosexual attraction or sexual behaviour. For greater clarity, the legislation also states that these types of practices are not captured by the definition of conversion therapy.

I want to emphasize that this legislation does not seek to, nor would it, ban open-ended conversations between an individual and a parent, another family member, faith leader or anyone else about their sexuality. Despite the claims of the Leader of the Opposition and organizations like Campaign Life, this legislation would not ban talking, but it would criminalize a heinous practice that inflicts very real and documented harms to LGBTQ2 Canadians.

We want a country that respects the differences between us. In Canada, everyone must not only feel safe to be who they are, but actually be safe. Bill C-6 would assist in ensuring that everyone feels considered, accepted, respected, valued and safe. I urge all members of this House to support this important bill.

[Larry Maguire, Conservative, Brandon—Souris, MB]

Mr. Speaker, I will be splitting my time with my colleague from Fundy Royal.

I want to start by saying that there is nothing more important in life than being true to oneself. People only live once and there are no mulligans or do-overs. During one's short time on this earth if one can find love and, in return, be loved back, there are no words to appropriately describe that partnership. Likewise, little is as important to the core of one's being than the ability to express who one truly is.

At this very moment, there are LGBTQ2 Canadians who are listening to us debate this legislation while they are struggling to be who they are. Some are afraid of what others will think or say. Some are concerned people will disown them or think less of them. Some think there is something wrong with them. Here is the thing: There is nothing wrong with them.

Just two weeks ago, it was National Coming Out Day. Every year, people across the country come out and say they are proud of who they are. When many people shared this with their closest family and friends, they did something brave, which was to tell the world who they were. It has not always been that way. During the 19th century, same-sex activity between consenting adults was considered a crime punishable by imprisonment. The mental health professionals of that era deemed homosexuality as a mental illness. If we fast-forward to modern times, it was not too long ago when people had to live in the shadows. Many were targeted. They were discriminated against because of who they dated or fell in love with. Some lost their jobs or were looked over for a promotion.

While we have made tremendous strides toward equality, there is more work to be done. As a Conservative, I have advocated for fundamental freedoms my entire life: freedom of speech, freedom of religion, freedom of conscience, freedom of assembly and association, and that every individual has the right to equal protection and equal benefit of the law without discrimination. Those are not just words. They are in our Charter of Rights.

I support the end goal of the legislation before us today because I am a Conservative. Back in 2016, I voted in favour of Bill C-16, which amended the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds for discrimination. We know that transgender Canadians face elevated levels of sexual violence. They have been bullied and have had to face discrimination in applying for jobs and securing housing. Many within the transgender community have taken their own lives due to depression and feeling that there was no future.

I believe in the right of individuals to live their lives as they see fit. Liberty as defined by the Oxford Dictionary is:

The state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views.

The spirit of liberty must be renewed in all of us, for if we waver or deny our fellow citizens the same freedoms that we so cherish, we will have failed to protect them in their time of need. If we are free to decide where we work, go to school, practise our religion and whom we vote for, then it is within that spirit that people must be free to be who they are. We must protect them from those who wish they were someone else.

In almost every other example of trampling on one's fundamental freedoms, such as forcing someone against their will to change religions or their political allegiances, there would be an uproar and rightfully so.

At its very core, the end goal of this legislation is to defend freedom. As a Conservative, I believe that we as parliamentarians have a role to do just that.

During this debate, and inevitably at the justice committee, we will get into the finer details such as the definition of conversion therapy, as explained in the bill. For those who worry that this legislation would criminalize private conversations, spiritual guidance or infringe on religious liberties, the best approach to resolve those concerns is to specifically carve out what the legislation does not do. When there are concerns about the clarity or implications of a bill, the obvious remedy is to provide them those reassurances.

For example, back in 2016, when we were debating Bill C-14, the government's medical assistance in dying legislation, the phrase “does not” was used six times to provide clarity for what the legislation covered and what it did not cover. If we take that same approach to this legislation, we immediately resolve many questions while improving the bill. In fact, we do not have to look too far as the government's own press release contains some of the language that we could insert into the bill to alleviate concerns.

When the original legislation was tabled on March 9, the Liberals' press release stated that the legislation “would not criminalise private conversations in which personal views on sexual orientation, sexual feelings or gender identity are expressed such as where teachers, school counsellors, pastoral counsellors, faith leaders, doctors, mental health professionals, friends or family members”.

Inserting this clarification in the bill would go a long way to better clarify what would be fenced off from the five new proposed Criminal Code offences. It is my sincere hope that the Minister of Justice reaches out to his fellow MPs and incorporates their views and insights, particularly when he needs the support of opposition parties.

If the Liberal government is determined to ignore the following advice, it was due to its own political calculations, as I believe there is a path to garner even further support from all MPs regardless of their political persuasion. As the leader of the official opposition said, we will put forward amendments. We want the legislation to be crystal clear in its intentions and ensure that it meets its intended goal, which is to ban the practice of forcing individuals and minors to undergo conversion therapy.

Since my good friend from Durham became the leader of the official opposition, I have been impressed with his message and how he is building bridges to those who have not traditionally seen themselves as Conservatives, which includes those in the LGBTQ2 community. I know he is sincere in getting this legislation right. He wants to ensure that no Canadian is ever forced to undergo this dangerous and discredited practice that has already hurt so many.

According to a study released by the Community-Based Research Centre, as many as one in five sexual-minority men has experienced sexual orientation change efforts. The long-lasting harm done to survivors is real and far too many Canadians have taken their lives. Both the Canadian Psychiatric Association and the Canadian Psychological Association oppose any therapy that tries to change a person's sexual orientation. Expert after expert has proven that conversion therapy can lead to depression, anxiety, drug use, homelessness and suicide. No longer will people be forced against their will to change who they are.

When this legislation is referred to the justice committee, I know the members will hear the horror stories from Canadians who have been unjustifiably subjected to this harmful practice. They will hear how close people went to the very edge of committing self-harm.

Let me be clear: For the millions of Canadians who are part of Canada's LGBTQ2 community, being who they are is not a defect, it is not an illness and it is certainly not something that needs to be changed. The expression of their identity and uniqueness is welcomed and celebrated in Brandon—Souris, throughout Manitoba and across Canada. This bill is not merely symbolic. It is an important step forward in protecting and upholding Canadians' charter rights. This is about ensuring that all Canadians can live their lives as they see fit.

It is with that in mind that we must turn our efforts to making sure we get this right. I urge every MP to review the legislation and to put our collective heads together to ensure the definition of conversion therapy as defined in this legislation is succinct and will meet its intended goal for the benefit of all Canadians.

[Bardish Chagger, Liberal, Minister of Diversity and Inclusion and Youth]

Mr. Speaker, I want to begin by acknowledging that the House sits on the ancestral lands of the Algonquin Anishinabe.

It is a privilege to be here to take part in the second reading debate of Bill C-6, introduced by my colleague, the Minister of Justice, on October 1.

The bill's intent is clear: to ban conversion therapy in Canada.

Conversion therapy is rooted in the wrongful premise that an individual's sexual orientation, gender identity or gender expression can and should be changed to a narrow ideal of what is natural or normal.

Conversion therapy is harmful and degrading, and it has no place in Canada.

Today, I again call on all members of the House to stand in solidarity with LGBTQ2 individuals who are subjected to one of the most heinous and violent attacks on their gender identity, namely, conversion therapy.

It is important we all do everything we can to protect the Canada we know and love. Our communities should be places where everyone is free to be authentically who they are, free from violence or discrimination. On behalf of all those who are being hindered in their ability to truly be themselves, to love who they love and to live fulfilling lives and fully contribute to our society, I ask all members to support the bill and send it to committee.

Too many people in Canada are still the innocent victims of conversion therapy. That is not the Canada we want. We must abolish this practice once and for all and we must do it quickly.

Everyone in the country is standing shoulder to shoulder right now, as we face one of the greatest challenges in our history, the COVID-19 pandemic. As a society, we are blazing new trails. There is no clear path laid out. As a government, we are more determined than ever to build on this collective solidarity to build a more inclusive Canada. The pandemic has opened our eyes. It has revealed unacceptable injustices. It has made the most vulnerable communities even more vulnerable, and it has hit the LGBTQ2 community particularly hard.

The COVID-19 pandemic has shown us that there is still much work to be done to build a truly safe and inclusive Canada. Since March, we have been navigating this crisis together. We all remain cautious and follow the advice of local officials and public health authorities.

Faced with a crisis of this scope, we must rethink our laws and policies and expand our efforts to be inclusive. That is the commitment our government made in reintroducing bill.

The Speech from the Throne emphasizes that the country we are protecting against COVID-19 is a country that is proud of the contribution of its LGBTQ2 communities, an inclusive country. I am sure my colleagues in the House would agree that the best Canada is an inclusive Canada. We must do all we can to achieve equity and inclusion for all Canadians. I am dedicated to this objective and, as members likely know, it forms an important part of the mandate given to me by the Prime Minister.

My parents immigrated to Canada before I was born and worked hard to provide a good life for us. Their belief was that in Canada anything was possible. We all have the possibility of living free from prejudice and discrimination, of expressing our identity and exercising our rights. People deserve the freedom to be who they are, free to love who they love. We all have a role to play so that LGBTQ2 persons feel safe and welcome, to be their authentic selves.

One of our government's roles is to move towards this objective. By reintroducing this bill, we are taking a major step. We are moving towards the elimination of conversion therapy, which is unacceptable in Canadian society today.

The changes to the Criminal Code proposed in Bill C-6 will go a long way to protect the dignity and equality rights of lesbian, gay, bisexual, transgender, queer and two-spirit Canadians.

The bill proposes to criminalize certain aspects of conversion therapy. This harmful and outdated practice seeks to change a person's sexual orientation by forcing them towards heterosexuality, to repress or reduce non-heterosexual attraction or sexual behaviour and to change a person's gender identity to conform to their sex at birth.

It is important to note that the proposed changes are not intended to reach far beyond a rational scope. We recognize that it is crucial to protect those who offer affirming and supportive guidance or advice to anyone who has questions or is coming to terms with who they are. In the same spirit of wanting all Canadians to be true to who they are, we also want all Canadians to be free to follow their faith as they interpret it for themselves of their own volition. Our legislation aims to balance this to support and protect the rights of all Canadians.

We need to address the myth that gay, lesbian, queer, trans and non-binary identities are pathologies that can and should be changed. Diverse forms of gender identity, gender expression and sexual orientation are simply part of human diversity. The proposed legislation aligns with our government's commitment to put an end to conversion therapy in Canada by amending the Criminal Code with new penalties for those who conduct the practice, in particular, against minors.

We must adopt legislation that protects the dignity and equality rights of all Canadians, especially those of LGBTQ2 individuals and youth. This legislation will ensure that every Canadian is not afraid to be who they are and to live a full life.

The types of changes we are now proposing to the Criminal Code are also aligned with approaches already implemented elsewhere, and I will offer here just a few examples.

Ontario, Nova Scotia and Prince Edward Island have enacted legislation specifying that conversion therapy is not an insured health service and have banned health care professionals from providing treatment to minors unless they are capable of consenting. Some Canadian municipalities, such as Vancouver, Calgary, Edmonton, St. Albert and Strathcona County have also banned businesses from providing conversion therapy within their city limits.

Internationally, Malta is the only other country known to have criminalized aspects of conversion therapy, while the United Kingdom and its LGBT action plan has committed to further explore the issue. In the U.S. several states have put in place bans that resemble provincial and municipal bans in Canada.

I would like to thank all those dedicated to building a fairer and safer society. I would like to especially thank my colleagues, our partners and stakeholders, who are working hard to ensure that Bill C-6's amendments to the Criminal Code are adopted.

The amendments that we propose in Canada are yet another step along the way toward a safer and more inclusive country. I am proud of the concrete actions our government has taken to date.

Our Prime Minister apologized to LGBTQ2 people in Canada for the past injustices experienced at the hands of their government. Our government passed legislation, Bill C-16, to protect against discrimination based on gender identity and expression. We transformed the former Status of Women Canada into a full department, the Department of Women and Gender Equality, with an expanded mandate to advance social, political and economic equality with respect to sex, sexual orientation, gender identity and gender expression.

We made a historic investment of $20 million to help build the capacity of Canadian LGBTQ2 organizations to address the unique needs and persistent disparities facing LGBTQ2 communities, and, proudly, my appointment in November by the Prime Minister as Minister of Diversity and Inclusion and Youth, supported by Canadian Heritage, where the LGBTQ secretariat is now housed.

Before the COVID-19 pandemic, I led several round tables with key stakeholders from across the country to discuss LGBTQ2 issues. We spoke primarily about conversion therapy. The Minister of Justice also spoke about this issue with different stakeholders, in particular his provincial and territorial counterparts.

As members can see, the process leading to the proposed change to the Criminal Code to address the harmful practice of conversion therapy has been informed by the lived experiences of LGTBQ2 communities. This work has come from LGBTQ2 communities. It has come from advocacy. It has come from a place of struggle and pain but also of resiliency and strength. Most important, we are indebted to survivors for their bravery in helping and pushing this road forward for us and with us.

As I have mentioned a few times, our government is committed to continuing our conversations and working together until the full implementation of these proposed changes to the Criminal Code.

We also recognize the importance of continuing our work to prevent conversion therapy, to support the communities to make them even stronger and more resilient, and to deconstruct the myths about sexual orientation and gender identity. Together, we must end the stigmatization and discrimination of LGBTQ2 communities.

We are here today as a direct result of the collective strength of survivors and their steadfastness in the face of adversity. We honour them and those who came before them.

In our society, every individual has a unique and important role to play to make Canada inclusive and safe, a Canada where every person can thrive. Not so long ago, solidarity with LGBTQ2 communities was not part of any government agenda. Today, we are trying to promote LGBTQ2 equality, protect the rights of LGBTQ2 individuals and fight discrimination against LGBTQ2 communities. All these commitments require that our elected officials listen to the communities and work tirelessly to create the Canada that we want to leave to future generations.

We cannot change the past, but we can learn from it and do better. Like everyone else, I still have a lot to learn and a lot to do. Like everyone else, I am here to ensure that every human being is respected because I have hope that we will one day live in a country where everyone is treated with dignity and respect, period.

While the past has not always been easy, today is a hopeful day. By acting on historical injustices we are building a better future for all. It is our duty to do everything we can to make a better future for the children in this country. When children arrive in the world they are full of love. They have not learned to hate. A child is taught to hate or discriminate, taught to be ashamed of who they are, and taught there are only certain ways to live. We have to provide a better future, a different future, for the next generation. We know that with these proposed amendments to the Criminal Code we are helping LGBTQ2 people feel safe and enabling them to participate fully in Canadian society.

Our work does not stop there. We are determined to continue the dialogue and work closely with LGBTQ2 communities right across the country.

I have a mandate to consult with LGBTQ2 communities to lay the foundation of an LGBTQ2 action plan that will guide the federal government's work on important issues affecting them. My mandate also involves investing more in LGBTQ2 organizations.

This will offer future opportunities for community-led interventions, because one of my goals is also to build stronger and more resilient LGBTQ2 communities through local, regional and national organizations that can respond to the evolving needs of their communities.

Together, we can help create a country where everyone is free to be who they are, and where human rights are human rights for all. Our Prime Minister often says that, in Canada, diversity is our strength. We are a diverse country made up of people from all types of backgrounds. Our Canada includes everyone, of every colour, of every background, of every identity. LGBTQ2 people exist in our communities. They are our friends, neighbours, colleagues and families. They are people, people we love and cherish.

The proposed amendments help get us once step closer to equality and recognition for LGBTQ2 people. We need to ensure that Canada is a country where everyone, regardless of their sexual orientation, gender identity or gender expression, can live in equality and freedom. Our task is clear. The time to act is now. I urge all members to support this historic groundbreaking legislation as we advance protections for LGBTQ2 communities together.

[David Lametti, Liberal, Minister of Justice]

moved that Bill C-6, An Act to amend the Criminal Code (conversion therapy), be read the second time and referred to a committee.

Madam Speaker, it is my pleasure to commence second reading debate on Bill C-6, which proposes to criminalize conduct related to conversion therapy, a cruel exercise that stigmatizes and discriminates against Canada's lesbian, gay, bisexual, transgender, queer and two-spirit communities.

Bill C-6 is identical to former Bill C-8, which I introduced on March 9, 2020. Bill C-6 and former Bill C-8 signal our government's continuing commitment to eradicating a discriminatory practice that is out of step with Canadian values.

Our government is committed to protecting the human dignity and equality of members of the LGBTQ2 community by ending conversion therapy in Canada.

The bill delivers on that commitment and complements other measures, including former Bill C-16, which provides increased protection for transgender Canadians in the Criminal Code and the Canadian Human Rights Act.

I am pleased to present another initiative that will further protect LGBTQ2 people from discriminatory practices.

So-called conversion therapy refers to misguided efforts to change the sexual orientation of bisexual, gay and lesbian individuals to heterosexual; change a person's gender identity to cisgender; or repress or reduce non-heterosexual attraction or sexual behaviour. Conversion therapy can take many forms, including counselling, behavioural modification and talk therapy, and may be offered by professionals, religious officials or laypersons.

This practice is a manifestation of the myths and stereotypes surrounding LGBTQ2 individuals. More specifically, it suggests that sexual orientation other than heterosexual and gender identity other than those genders can and must be corrected. This type of discriminatory message stigmatizes LGBTQ2 individuals and violates their dignity and their right to equality.

Conversion therapy has also been discredited and denounced by many professional associations as harmful, especially to children. For example, in its 2014 position paper on mental health care for people who identify as LGBTQ2, the Canadian Psychiatric Association stated that it opposes the use of conversion therapy given that the practice is based on the assumption that LGBTQ2 identities indicate a mental disorder and that LGBTQ2 people could or should change their sexual orientation or gender identity. The Canadian Paediatric Society has identified the practice as “clearly unethical”, and the Canadian Psychological Association, in its policy statement on conversion therapy, opposes the practice and takes note of the fact that “Scientific research does not support [its] efficacy”.

The position of these professional associations and of many other Canadian and international associations reflects the scientific evidence that people subjected to this practice must deal with its negative effects such as anxiety, self-hate, depression, suicidal ideation and attempted suicide.

Studies indicate that children are particularly susceptible to these negative effects. For example, research shows that negative mental health outcomes among youth who have been exposed to conversion therapy include, in addition to the negative impacts I have already mentioned, high levels of depression, lower life satisfaction, less social support and lower socio-economic status in young adulthood.

What do we know about conversion therapy in Canada?

Thanks to the community-based Sex Now survey, we have a better picture of who is most affected by conversion therapy. The survey's most recent results, from 2019-20, indicate that as many as 20%, or one in five, of respondents had been exposed to the practice, so we know that this harmful practice is currently happening in Canada. Moreover, a recent Canadian Journal of Psychiatry article that interpreted the Sex Now survey's previous results indicates that transgender, indigenous, racial minority and low-income persons are disproportionately represented among those who have been exposed. It also notes that transgender overrepresentation “may be explained by the ‘double stigma’ experienced by those who simultaneously occupy sexual minority and gender minority social positions.”

This data is significant cause for concern. Not only does conversion therapy negatively affect marginalized persons, but it negatively affects the most marginalized within that group.

Given the inherent cruelty of conversion therapy and the evidence of its effects, which are not only harmful but also discriminatory for the most marginalized, Bill C-6 proposes amendments to put an end to this practice.

First, the bill would define conversion therapy, for the purposes of the Criminal Code, as a practice, treatment or service to change a person's sexual orientation to heterosexual or gender identity to cisgender, or to repress or reduce non-heterosexual attraction or sexual behaviour.

I note that Bill C-6's proposed definition of conversion therapy is restricted to practices, treatments or services that are aimed at a particular purpose, that is, changing a fundamental part of who a person is. Accordingly, practices, treatments or services designed to achieve other purposes would not be captured by the definition, such as treatments to assist a person in realizing their choice to align their physical appearance and characteristics with their gender identity, and therapies that assist a person in exploring their identity, known as gender-affirming treatments.

However, out of an abundance of caution, the bill contains a “for greater certainty” clause, which clarifies that the definition would not capture certain practices, services or treatments, specifically those that relate

(a) to a person’s gender transition; or

(b) to a person’s exploration of their identity or to its development.

This clause comprehensively responds to any concern that the definition could be misinterpreted to include legitimate gender-affirming practices that help people explore their identities or realize their choice to gender transition. It is also consistent with the 2009 report of the American Psychological Association's Task Force on Appropriate Therapeutic Responses to Sexual Orientation, which describes affirmative therapeutic interventions for those experiencing distress, for example, because of same-sex sexual attraction. Specifically, the report notes that legitimate interventions involve exploring and countering the harmful impact of stigma and stereotypes on the person's self-concept and maintaining a broad view of acceptable choices. To be clear, legitimate gender-affirming interventions do not share the same purpose as treatments that are designed to change or suppress who a person is.

Consequently, the offences proposed by Bill C-6 do not apply to recognized therapies, first, because the main objective of gender affirming treatments is not to change a person's sexual orientation to heterosexual or to restrict their gender identity to cisgender only, or to repress or reduce attraction or sexual behaviour. In case this is still not clear, the proposed legislative measures specific to these types of practices are not included in the definition of “conversion therapy”.

Since this seems to be very important to the Leader of the Opposition, I want to explicitly reassure him. This bill does not prohibit conversations about sexuality between an individual and their parents, family members, spiritual leaders or anyone else. The legislative measure we are debating today does not prohibit these conversations, but criminalizes an odious practice that has no place in our country.

Building on its clear definition of conversion therapy, the bill would also create five new Criminal Code offences to criminalize causing minors to undergo conversion therapy, removing minors from Canada to undergo conversion therapy abroad, causing a person to undergo conversion therapy against their will, profiting or receiving a material benefit from the provision of conversion therapy and advertising an offer to provide conversion therapy.

This approach will protect all minors who are disproportionately affected by conversion therapy, whether it be provided in Canada or elsewhere. No one would be able to provide conversion therapy to minors, and no one would be authorized to take a person who is ordinarily resident in Canada abroad to receive conversion therapy.

The approach would also protect persons who are at risk of being forced to receive conversion therapy. No one would be allowed to cause another person to undergo conversion therapy.

The approach would also protect all Canadians from the commercialization of conversion therapy. No one would be allowed to profit from the practice, regardless of whether it is provided to minors or adults.

Finally, the approach would protect all Canadians from public messaging suggesting that a person's sexual orientation or gender identity can and should be changed. No one would be allowed to advertise conversion therapy, regardless of whether a fee is charged for it. Courts would also be authorized to order the seizure and forfeiture of conversion therapy advertisements or their removal from the Internet, which is similar to existing powers with respect to hate propaganda.

I cannot emphasize enough that telling someone they cannot be who they are is wrong and needs to be condemned in the strongest possible terms. The balanced approach in this legislation factors in the interests of every implicated person.

To be clear, the bill's main purpose is to protect the equality rights of marginalized people in Canadian society, but we know that conversion therapy not only causes individual harms to those subjected to it, but also causes harm to all of society by sending the message that a fundamental part of who a person is, their sexual orientation or gender identity, is a transitory state that can and should be changed. Such messaging is anathema to Canadian values, as reflected in our charter, which protects the equality rights of all Canadians, including LGBTQ2 people. Respecting equality means promoting a society in which everyone is recognized at law as equally deserving of respect and consideration. This starts with promoting a society in which everyone can feel safe to be who they are. The law must provide the same protection for LGBTQ2 people as it does for others.

To promote these values, we need legislation to discourage and denounce a practice that hurts LGBTQ2 people and perpetuates the myths and stereotypes surrounding LGBTQ2 people.

As stated in the preamble of the bill, it is our duty to discourage and denounce the provision of conversion therapy, in light of all of the social and individual harms it causes. It is our duty to protect the human dignity and equality of all Canadians. That is precisely what we are doing with Bill C-6.

We recognize the proposed amendments limit certain choices, including, for example, for mature minors. We made this policy decision because research shows us that all minors, regardless of their age, are particularly vulnerable to conversion therapy's harms. Moreover, if mature minors were allowed to consent to receive conversion therapy, it would be the providers who would have to determine whether the child is mature enough to consent, but most so-called conversion therapy providers are not medical professionals and are not in a position to assess whether a minor is truly capable of making their own treatment decisions. That is why we have drawn a hard line at 18 years of age. That is the best way to protect the most vulnerable among those who are at risk of being subjected to this abhorrent practice.

We also recognize that criminalizing profiting from conversion therapy means that consenting adults would be prevented from accessing conversion therapy unless it is available free of charge. That is because deterring this harmful practice requires placing limits on its availability, and these limits assist in avoiding psychological harm to the individuals who may be subjected to it, as well as harm to the dignity and equality rights of a marginalized group.

Criminalizing advertising conversion therapy furthers that same important objective and reduces the presence of discriminatory public messaging.

Significantly, nothing in the bill limits a person's right to his or her own point of view on sexual orientation and gender identity, nor the right to express that view, including, for example, in private conversations between individuals struggling with their sexual orientation or gender identity and counsellors, family members, friends or religious officials seeking to support that individual. Ensuring everyone's ability to express his or her point of view is fundamental to a free and democratic society, and this is true regardless of whether there is agreement on that point of view.

Now that I have described the proposed amendments and what they will and will not prevent, I would like to commend former Senator Joyal for his work on this issue. He introduced former Senate public bill, Bill S-202, an act to amend the Criminal Code regarding conversion therapy, which was taken over by Senator Cormier after Senator Joyal retired. This bill had previously been known as Bill S-260.

The proposed offences in the legislation fill a gap in the criminal law because we currently have no offence directly targeting the heinous practice of conversion therapy. Together with existing offences, the new offences would create a comprehensive criminal law response to the harms posed by conversion therapy.

Let us not forget that criminal law responses would complement existing provincial and municipal responses as well. Three provinces, Ontario in 2015, Nova Scotia in 2018 and Prince Edward Island in 2019, have enacted legislation under their responsibility for health-related matters. This legislation specifies that conversion therapy is not an insured health service and bans health care providers from providing conversion therapy to minors.

Significantly, other Canadian jurisdictions are following suit. Earlier this year, both the Yukon and Quebec introduced bills that would implement similar reforms. Although Bill C-6 is an exercise of criminal law because it would amend the Criminal Code, it is consistent with provincial health regulation.

Some Canadian municipalities, such as Vancouver, Calgary and Edmonton, have also prohibited companies from providing conversion therapy in their cities. All levels of government have roles to play in eliminating this harmful practice. I was pleased to get the support of my provincial and territorial colleagues when we met in January to discuss Criminal Code reforms to address conversion therapy.

There is no reason for anyone in the House to oppose this bill.

We are proud that so much is being done in Canada to address this destructive practice. Our efforts place us at the vanguard of the international community. For example, Malta is the only jurisdiction known to have criminalized various aspects of conversion therapy. Its approach criminalizes conversion therapy to vulnerable persons, which is defined as persons under the age of 16 years, persons with a mental disorder or persons considered by the court to be at risk. Malta also criminalizes advertising conversion therapy as well as involuntary conversion therapy.

The approach that we are proposing goes even further. We are proposing to protect all children under the age of 18 from conversion therapy in Canada or abroad. We are also proposing to protect all Canadians from the negative messages associated with the advertisement of this harmful practice and those profiting from it.

We hopefully will be joined by others soon. For example, in March of 2018, the European Parliament passed a resolution condemning conversion therapy and urging European Union member states to ban the practice. Shortly thereafter, in July of 2018, the United Kingdom government announced that it intended to bring forward proposals to ban conversion therapy. I understand that work is ongoing.

In short, there is growing recognition worldwide of the destructive nature of this practice and acknowledgement that the criminal law is an appropriate way to address that harm.

Department of Justice—Main Estimates, 2019-20

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Mr. Chair, I will take your comments to heart and continue in the same vein the committee of the whole has proceeded to this point.

I will be providing 10 minutes of remarks, followed by some questions.

I am very proud today to take the floor to share with Canadians some of our government's accomplishments in recognizing, promoting and protecting the equality rights of LGBTQ2 communities.

From the beginning of our government's mandate, we have demonstrated our commitment to diversity and inclusion in the hope that all Canadians can participate fully in Canadian society and be recognized as deserving of the same respect, deference and consideration. This commitment equally extends to members of the LGBTQ2 community.

Canadians expect their government to respect their human rights and to promote these rights. As the Minister of Foreign Affairs once stated in this very chamber, LGBTQ2 rights are human rights, and human rights have no borders. It is a commitment our government takes very seriously abroad and here at home.

ln budget 2017, the Government of Canada set aside $3.6 million over three years for the creation of the LGBTQ2 secretariat within the Privy Council Office. The secretariat works with LGBTQ2 stakeholders across the country. This important work keeps our government informed about the challenging situations affecting LGBTQ2 Canadians and the potential solutions.

The secretariat also supports the integration of LGBTQ2 considerations in the day-to-day work of the federal government across all ministries. These efforts really help the government ensure that federal policies, programs and laws related to gender expression, gender identity and sexual orientation are all within the same spirit and the same view to equality, inclusion and diversity.

ln November 2016, I was honoured to be appointed the Prime Minister's special adviser on LGBTQ2 issues. My role is to advise the Prime Minister on how to develop and coordinate the Government of Canada's LGBTQ2 policies and laws. This includes informing cabinet, parliamentarians and committees and engaging with LGBTQ2 organizations from across the country and around the world to promote equality, and listening to LGBTQ2 people and communities and identifying solutions to improve their lives.

In addition to the excellent work of the LGBTQ2 secretariat, all ministries of our government have a responsibility to improve the lives of LGBTQ2 Canadians, and that includes the Department of Justice.

Early in our government's mandate, we also introduced and passed Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code. This bill conferred greater protection on members of LGBTQ2 communities who experience discrimination and even violence because of their gender identity or expression. Bill C-16 added gender identity and expression to the list of prohibited grounds of discrimination set out in the Canadian Human Rights Act. This law promotes the principle that all individuals should have an equal opportunity to make for themselves the lives that they are able and wish to have, without being hindered by discriminatory practices.

Bill C-16 has also expanded hate crime offences in the Criminal Code to protect groups that are targeted because of their gender identity or gender expression.

Unfortunately, in Canada, transgender people are at high risk of verbal or physical violence and sexual harassment. Given this high degree of violence or threatened violence, it is only fair that our criminal law specifically denounce violence committed against a person as a result of the person's gender identity or expression.

The Prime Minister's apology to LGBTQ2 communities was another significant milestone in recognizing LGBTQ2 communities and protecting them as equal members of Canadian society. On November 28, 2017, the Prime Minister delivered a formal apology in this very House to individuals harmed by federal legislation, policies and practices that led to the oppression of and discrimination against two-spirit, lesbian, gay, bisexual and transgender people in Canada.

The Prime Minister apologized specifically for the shameful LGBT purge, the historical unjust treatment of LGBTQ2 federal public servants, including those in the Canadian Armed Forces and the Royal Canadian Mounted Police. This discriminatory treatment resulted in the loss of livelihoods, dignity and even lives.

There was a time in this country when people could be charged, prosecuted and criminally convicted simply because of their sexual orientation. To address this grave injustice, this government introduced Bill C-66. Now records of convictions involving consensual sexual activity between same-sex partners of legal age can be destroyed.

We are hopeful that this change will provide some relief to the many LGBTQ2 Canadians for whom the pain, trauma and fear have been all too real for all too long a time. Such discrimination has no place in Canada today. With Bill C-66, we took responsibility for recognizing and rectifying this historic injustice.

Since the government is taking measures to rectify historic discrimination based on unfair laws and policies, it is taking steps to remove from the Criminal Code an anachronistic offence that was used to target consensual sexual activities between gay men.

Under section 159 of the Criminal Code, unmarried persons can consent to engage in anal intercourse at age 18. The age of consent for any other form of non-exploitative sexual activity is 16 years old. Section 159 makes an exception for consensual anal intercourse between married spouses if they are of the opposite sex, but not if they are of the same sex. This is discriminatory policy, and several appellate courts have found that this provision violates the equality rights guaranteed by section 15 of the charter. Repealing section 159, as Bill C-75 proposes to do, will prevent the laying of charges against people who engage in non-exploitative, consensual anal intercourse.

The Attorney General of Canada recently issued a directive on the prosecution of HIV non-disclosure cases for federal prosecutors, which applies in our territories.

Presently, the Standing Committee on Justice and Human Rights is undertaking a study that deals with the issue of HIV criminalization. The committee has heard from numerous witnesses about the negative impacts, not just on people's lives but on the public health system, of criminalizing HIV non-disclosure. I look forward to the continued work of the justice committee and to its report, and I look forward to the government's responding in a robust way to this very serious issue.

Returning to the directive, I note it is based on current scientific evidence regarding the sexual transmission of HIV and applicable criminal laws, as clarified by the Supreme Court of Canada in the Mabior case. The directive recognizes that the non-disclosure of HIV is, first and foremost, a public health issue. It is also important to note that public health authorities have many tools at their disposal to ensure that people do not engage in reckless behaviour. Those tools would not require that such a provision be in the Criminal Code.

The Attorney General of Canada also issued a directive on the prosecution of HIV non-disclosure cases for federal prosecutors, which applies in our territories. It is important that we work with the provinces. Right now, Ontario and British Columbia have policies and directives, but there are several territories in Canada that do not have such a directive. The directive is based on current scientific evidence regarding sexual transmission of HIV and the applicable criminal law.

Today I have touched on only a few of the many actions our government has taken to advance the full recognition, protection and participation of our LGBTQ2 communities. Our government will continue to demonstrate its commitment to promoting an inclusive society that works for all Canadians.

Before I get to questions, it is important to note that when we open up committee to civil society organizations and hear witnesses from coast to coast to coast, we let people who are not within 15 minutes or even two hours of Ottawa know that this government is their government. We let them know that the House and our parliamentary committees are designed to understand the issues that matter to them. It is important that we continue to open our committees to a diversity of voices, such as indigenous voices, the voices of depressed and marginalized people, and the voices of the LGBTQ2 community.

The health committee is right now wrapping up a study that was unanimously accepted by all members, about the health indicators of LGBTQ2 people. Our health indicators for this group are only slightly above those for indigenous people.

We have a lot of work to do in this chamber. We have a lot of work to do in advancing legislation and a lot of work to do to make lives better for all Canadians.

Now I have a few questions for the minister.

Could the minister share with us why it is important for us to continue our work on the prosecutorial policy directive as it pertains to the prosecution of HIV disclosure?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Chair, with respect to the LGBTQ2 issue, the minister raised important aspects of Bill C-16. I wonder if he could comment on Bill C-75, which I also understand would take an anomaly in the Criminal Code, which is that consensual sexual relations of same-sex couples who are adults are not criminalized, but currently consensual sexual relations between youth ages 16 and 17 are criminalized. How would Bill C-75 address that point?

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Chair, I will provide 10 minutes of remarks and then I will welcome questions from my parliamentary secretary, the outstanding member for Parkdale—High Park.

I would first like to recognize the Algonquin nation, on whose traditional territory we are gathering this evening.

I will briefly describe how the funding allocated in the main estimates 2019-20 will support our work at the Department of Justice.

I would like to remind the committee that the department strives to promote and maintain a fair, transparent and accessible justice system. The department also helps guide the modernization of the justice system. What is more, it provides the federal government with legal services and support.

The Department of Justice has a total budgetary authority of $744.52 million through 2019-20 main estimates, which is an increase of $46.77 million from the previous fiscal year. This additional funding is for major priorities, including but not limited to innovating and modernizing how regulations are drafted and implemented, enhancing the integrity of Canada’s borders and asylum system, providing Canadians with better access to public legal aid education and information, and supporting renewed legal relationships with indigenous peoples.

Much of this year's authority will support the administration of justice and the Canadian legal framework by directing funding to the provinces and territories, with whom we share the responsibility in this important area.

The funding will also help maintain and support our bilingual and bijural national legal framework. It will also support the department’s ability to transform and modernize the justice system, while protecting and promoting the rights enshrined in the Constitution and the charter.

I would like to outline some of the key funding we have received and the initiatives that it will help support.

First, we are currently conducting a comprehensive review of the criminal justice system in order to determine how effective it is in protecting Canadians. The review, which involved extensive public consultations, will also help ensure that our laws hold offenders accountable, that they are fair and equitable, that they respect the charter and that they show compassion and support for victims.

This ongoing review has already helped inform the initiatives and reforms we have introduced.

For one thing, the review contributed to Bill C-75. With this bill, our government is fulfilling its promise to move forward with substantive criminal justice reforms that will have a real and lasting impact on court delays. It will help increase efficiencies and reduce delays for all those involved in the criminal justice system while respecting their rights and protecting public safety. This important legislation is now before the other place, and I look forward to seeing it passed during this Parliament.

We are deeply committed to reconciliation and to transforming our relationship with indigenous peoples.

The directive on civil litigation involving indigenous peoples was released in January 2019. It supports our commitment to reconciliation and rights recognition by providing advice on the approaches, positions and decisions taken in the context of civil litigation involving indigenous peoples and related issues.

I would also add that we recognize the importance of revitalizing indigenous legal systems and the important role that indigenous law institutes can play in understanding, developing and implementing indigenous laws.

To this end, budget 2019 proposes $10 million over five years, starting in 2019-20, in support of indigenous law initiatives across Canada through the justice partnership and innovation program, JPIP, to improve equality for indigenous peoples in Canada's legal system. This builds on the $9.5 million per year we already provide for the delivery of indigenous courtwork services through the indigenous courtwork program. With their knowledge of indigenous culture, language and traditions, court workers provide direct support before, during and after court proceedings.

We are also continuing our efforts to fill judicial vacancies and increase diversity in the Canadian judiciary. The appointment process for superior court justices that we introduced is more transparent, inclusive and responsible.

We have made over 300 judicial appointments since November 2015. These exceptional jurists reflect the diversity that gives Canada its strength. More than half of those judges are women, and 30% are functionally bilingual. The appointments reflect an increased representation of visible minorities, indigenous peoples, people from the LGBTQ2S community, and people who identify as living with a disability.

While on the subject of diversity, it is important to highlight our continued support for protecting the rights and freedoms of the LGBTQ2S community. One example is our Bill C-16, which received royal assent in June 2017. It amended the Canadian Human Rights Act to add two prohibited grounds of discrimination: gender identity and gender expression. It also amended the Criminal Code by adding gender identity or expression to the list of identifiable groups that are protected from hate propaganda. Finally, it made clear that hatred on the basis of gender identity or expression should be considered an aggravating factor in sentencing for a criminal offence.

We are also very proud of Bill C-78, which is currently before the other place. The legislation seeks to modernize federal family law and put the needs of the child first.

The last time our family laws have undergone significant amendments was 20 years ago. They fail to address a number of difficult issues, including relocation and family violence. I hope the reform will pass quickly.

Completing this legislation is our expansion of unified family courts. In budget 2018, our government funded the creation of 39 new judicial positions beginning April 1, 2019. Twelve of these new appointments were recently made to Ontario's Unified Family Court.

We are also maintaining and strengthening access to justice in both official languages.

Budget 2019 would give the Department of Justice $21.6 million over five years, starting in 2020-21, to support the legislative changes in Bill C-78 that seek to increase access to family justice in either official language.

This funding builds on our efforts in budget 2018, which provided an additional $10 million over five years and $2 million per year ongoing for Justice Canada's access to justice in both official languages support fund.

Another top priority for our government is ensuring that victims receive the support they need.

In 2019-20, the victims fund at the Department of Justice will provide $28.72 million in grants and contributions to support research and innovative pilot projects, as well as front-line services for victims and survivors of crime across Canada.

The Department of Justice is also committed to helping immigrants and refugees. Budget 2017 included funding for immigration and refugee legal aid on an ongoing basis: $62.9 million was identified over a five-year period, with an additional $11.5 million per year thereafter. This funding helps prevent delays in immigration and refugee processes and, most importantly, helps ensure access to justice for economically disadvantaged immigrants and refugees.

Budget 2019 builds on previous investments and commits an additional $52 million over three years, primarily for immigration and refugee legal aid, but also to support the delivery of legal services.

I want to thank the committee for giving me an opportunity to speak to them today. The work of the Department of Justice is complex, and my brief comments offer merely a glimpse of the excellent work done by department employees.

Report Stage

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Mr. Speaker, I rise today to express my support for Bill C-75. I would like to use my time today to discuss the proposed changes to this bill that would affect the LGBTQ2 community, human trafficking and the victim surcharge.

As special adviser to the Prime Minister on LGBTQ2 issues, I am particularly proud of the work of our government in advancing the rights of LBGTQ2 Canadians and the work of the Standing Committee on Justice and Human Rights in making concrete, tangible legislative changes that would improve the lives of lesbian, gay, bisexual, transgender, queer and two-spirit Canadians.

Today, on the the International Transgender Day of Remembrance, when we pause to reflect on the lives of transgender people here in Canada and around the world that have been lost to murder, suicide, hatred and discrimination; the lives diminished due to overt transphobia and misogyny; and the daily discrimination faced by trans children, siblings, parents and their loved ones, I am proud, as the first openly gay MP elected from Alberta to the House, that Parliament passed Bill C-16 to protect trans persons in the Criminal Code and the Canadian Human Rights Act. I am particularly proud that our government led this charge.

I am also proud of the work of our government in passing legislation to enable Canadians who have criminal records for same-sex consensual activity to have these records expunged, and I acknowledge the leadership of the Minister of Public Safety and Emergency Preparedness on this file.

I would also like to thank the Minister of Justice and Attorney General of Canada for including in Bill C-75 the removal of section 159, which discriminates against young gay or bisexual men. That would now be removed from the Criminal Code with the passing of Bill C-75.

I also applaud the work of the committee and the ministry in responding to expert testimony for the repeal of the bawdy house and vagrancy provisions that were used by police forces to arrest gay men who frequented gay clubs and bathhouses. Men arrested in these police raids, many now in their 60s, 70s and 80s, still face criminal records as a result of these charges. We heard the testimony, and the committee and the ministry responded. Should Bill C-75 pass, these odious provisions in the Criminal Code would be removed and amends could thus be made.

Parts of the bill pertain to human trafficking and the victim surcharge.

I think it is very important to clearly state that human trafficking cannot be tolerated and that our government sees it as a very serious concern. That is why we continue to work closely with the provinces, territories, law enforcement agencies, victim services groups, organizations representing indigenous peoples, and other community groups, as well as our international partners. We are working together to combat all forms of human trafficking in Canada and abroad, to provide victims with special protection and support, to bring the perpetrators of these crimes to justice and to ensure that their punishment reflects the severity of the crime.

Human trafficking is a very difficult crime to detect because of its clandestine nature and victims' reluctance to report their situations out of fear of their traffickers. We heard testimony about that when the Standing Committee on Justice and Human Rights travelled across the country to listen to victims of human trafficking and to see how we could change the Criminal Code to provide more opportunities for police to work with those organizations that work with victims.

The legislative changes within Bill C-75 would provide police and prosecutors with additional tools for investigation and prosecution. These measures would bring the perpetrators of human trafficking to justice so they can answer for the severity of their actions.

The amendments proposed in Bill C-38 would bring into force amendments that have already been passed by Parliament, but were not promulgated in the former parliamentary initiative, Bill C-452. They would also strengthen the legislation to combat all forms of human trafficking, whether through sexual exploitation or forced labour, while respecting the rights and freedoms guaranteed in our Constitution.

We heard of heinous crimes being committed not just against those who are unknown to the perpetrators, but also against family members. Family trafficking exists in this country, and we must make sure that police forces are armed with the tools they need to be able to put an end to such heinous crimes.

More specifically, the proposed changes will make it easier to prosecute human trafficking offences by introducing a presumption that will enable the Crown to prove that the accused exercised control, direction or influence over the victim's movements by establishing that the accused lived with or was habitually in the company of the victim.

In addition, these changes would add human trafficking to the list of offences to which the provisions imposing a reverse onus for forfeiture of proceeds of crime apply.

I would now like to discuss the changes that would affect the victim surcharge. Bill C-75 proposes to restore judicial discretion to waive the victim surcharge by guiding judges to waive the victim surcharge only when the offender is truly unable to pay. For certain offences against the administration of justice, where the total amount would be disproportionate in certain circumstances, the bill would also provide for limited judicial discretion to not impose a federal victim surcharge amount per offence.

The federal victim surcharge, which is set out in the Criminal Code, is imposed on a sentencing basis, and revenue is collected and used by the province or territory where the criminal act was committed to assist in the sentencing process for funding victims services. Bill C-75 would maintain that the federal victim surcharge must be imposed ex officio and must apply cumulatively to each offence. However, to address concerns about the negative impact of current federal victim surcharge provisions on marginalized offenders, the bill would provide limited judicial discretion regarding the mandatory and cumulative imposition of the surcharge in certain circumstances.

Bill C-75 would provide clear direction as to what would constitute undue hardship. These guidelines would ensure that the mandatory exemption, or waiver, would be applied consistently and only to offenders who were truly unable to pay the surcharge. In addition, the bill would state that undue hardship would refer to the financial ability to pay and was not simply caused by harm associated with incarceration. We are trying to avoid the criminalization and over-criminalization of people simply because of their inability to pay a federal victim surcharge.

For certain offences against the justice administration, in the event that the cumulative surcharge was disproportionate to the circumstances, Bill C-75 would contain provisions allowing an exception to the victim fine surcharge ratio. This exception would apply to two types of offences against the administration of justice: failure to appear in court; and breach of conditions of bail by a peace officer or court order, and only when said breach did not cause any moral, bodily or financial damage to the victim.

Studies show that marginalized offenders, especially indigenous offenders and offenders with mental health and addiction issues, are more likely to be found guilty of offences against the administration of justice.

Under the existing victim surcharge provisions, it is unlikely that much of the money collected in the federal victim surcharges that are paid out to the provinces and territories comes from groups of offenders who are unable to pay the victim surcharge or who are only able to pay part of the surcharge because of their personal situation or because of their multiple offences against the administration of justice.

In addition, offenders who suffer undue hardship as a result of the mandatory victim surcharge are, by the current application of the provisions, hampered in their ability to regain financial stability. This places them in a situation where the surcharge does not allow them to successfully reintegrate into society after serving their sentences or paying their outstanding fines, and they risk reoffending. These types of situations do not help survivors or victims of crime or the provision of services to help them. This proposed exception would be consistent with the principles of fairness and equity.

I am confident that by maintaining a higher mandatory surcharge, this proposed legislation would support the objective of the victim surcharge to provide a source of funding for provincial and territorial victim services while strengthening offender accountability regarding victims and society in general. At the same time, the bill would be in keeping with the principles of proportionality, fairness and respect for the Canadian Charter of Rights and Freedoms.

Not having gone through law school, I can say that it is an honour to serve on this committee and to be part of making Bill C-75 appear in the House today.

National Defence Act

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, I look forward to supporting Bill C-16 so that it can go to committee and that section of the bill can be carefully looked at.

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

Madam Speaker, one of the big issues in my community, and a real moment of celebration as far as legislation that was passed, was Bill C-16, which added rights to our Human Rights Act and the Criminal Code about gender identity and gender expression. Does my colleague across the way not feel that it would be a great improvement to add to this bill that an aggravating factor to be included when considering a sanction is whether the service infraction was motivated by bias, prejudice or hate based on sexual orientation or gender identity or expression?

Pride Month

[Sean Fraser, Liberal, Central Nova, NS]

Mr. Speaker, Happy Pride to Central Nova.

I rise to declare myself an ally, and to extend support and kindness to the entire Pride community. The rainbow will be easy to spot around my riding this month. In particular, I want to congratulate the town of Westville on its first-ever flag-raising ceremony.

I sometimes hear people asking members of the LGBTQ2 community why they keep marching when they already have the right to marry. They keep marching because only with our government's new bill, Bill C-16, have identity and gender expression been recognized as grounds of discrimination. They keep marching because, not too long ago, an attack in an Orlando nightclub claimed the lives of 49 people because of whom they loved.

This June, let us take time to celebrate everything the LGBTQ2 community has contributed to our country. However, we should not lose sight of the fact that we are not done yet. We have a very long way to go. Therefore, let us continue to work along with every Canadian to ensure that no matter whom people love, they are treated as equals.

Happy Pride Month.

Human Rights

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

Mr. Speaker, I rise today to mark the International Day Against Homophobia, Transphobia and Biphobia on May 17, and the urgent need to combat hatred and discrimination against the LGBTQ community here at home and around the world.

While Canadian law now guarantees equal rights for all LGBTQ2 Canadians, on the ground things are still quite different. Trans rights guaranteed in Bill C-16 still have not been fully implemented. The gay blood ban remains in place. Discrimination and violence remain all too common.

In 113 countries, members of my community have no legal protections from discrimination. In over 77 countries, we face lengthy prison sentences, violence, and even death because of who we are or who we love. Indonesia is now considering criminalizing the LGBTQ community, the largest rollback of gay rights in history.

Today I call on the government to speak up more forcefully on the world stage for the universal values of equality, inclusion, and respect. I call on all members of Parliament to work together toward the elimination of all forms of homophobia, biphobia, and transphobia.

Opposition Motion—Canada Summer Jobs Program

[Vance Badawey, Liberal, Niagara Centre, ON]

Mr. Speaker, we know that the Leader of the Opposition, the member for Regina—Qu'Appelle, has a long-standing relationship with the Canadian Centre for Bio-Ethical Reform, an organization that fights against a woman's right to choose. With the support of the Centre for Bio-Ethical Reform having been so critical to his leadership victory, it is not difficult to understand why the Leader of the Opposition has a vested interest in ensuring the centre can continue to rely on taxpayer funds to promote its anti-abortion agenda.

The Leader of the Opposition also gave a statement where he affirmed that he voted against transgender rights in Bill C-16. We know the Leader of the Opposition is against LBGTQ2 rights. He is against a woman's right to choose, and is against transgender rights.

I would ask the member, should attestation attach itself to the beliefs of the organization or to the belief that individuals who are applying for jobs not be discriminated against?

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Mr. Speaker, I appreciate this opportunity to provide our government's perspective on an issue that is at the heart of our employment objectives for our young people, which is the issue of access to good-quality jobs.

Canada summer jobs has been a very successful Government of Canada program that has offered thousands of youth job opportunities since it was first created. The program has been reaching its objectives to give young people the opportunity to acquire work and life experience while supporting community-based initiatives. Fundamentally, this is about jobs for kids.

These are simple objectives. The spirit of the program is to open doors for young people and give them a good start to their working careers.

It has been my honour as a member of Parliament to approve this list for hundreds of young people in our community and to ensure that at every point in every year I was able to make those kinds of calls, no discrimination was taking place.

In this context, the organizations that provide quality employment to young people through the Canada summer jobs program are as varied as the economic sectors in the country. The CSJ program provides funding to not-for-profit organizations, public sector employers, and small businesses with 50 or fewer full-time employees. The range of activities is therefore almost unlimited.

There are, and have been, a number of eligibility criteria that employers must meet, but there is one key requirement that underpins eligibility, and that criterion is respect.

This program, which has certainly already proven itself, provides subsidies to employers so that they can create valuable summer jobs for students enrolled in secondary or post-secondary studies. This can include employers in the public sector, private companies with fewer than 50 employees, and non-profit organizations. Religious and faith-based organizations are of course eligible for program funding, as in past years, and we strongly encourage them to submit an application.

However, it is important to remember that one of the fundamental principles our government believes in is upholding the rights of Canadians, especially the rights guaranteed by the Canadian Charter of Rights and Freedoms. That is why, after we learned that funding through this program had been used to undermine the rights of some Canadians, we took the necessary steps to ensure that it never happens again. As the government, we had a duty to consider the fact that some organizations were not allowing young people from the LGBTQ2 community to attend their summer camps or they were distributing images of aborted fetuses. That is why we had to ask organizations to clarify their mandate and their primary activities before giving them funding under the Canada summer jobs program.

Our government and members of the government have been clear and vocal about our basic values over the course of our two-year time in government, values like inclusion, compassion, respect, and no discrimination. We have been trying to integrate those values into our policies and programs, like our progressive trade agenda and the inclusion of human factors in environmental assessments.

This year, the CSJ program includes an element whereby applicants are required to attest that both the job and the organization's core mandate respect individual human rights in Canada, including the values underlying the Canadian Charter of Rights and Freedoms as well as other rights. We know there were comments and conversations about this and that there were constructive conversations between reasonable people. The Prime Minister spoke with the cardinal of Montreal, and the cardinal encouraged all Catholic parishes to apply to the fund. That is a fantastic example of constructive dialogue between government and faith organizations.

There is an old line that my uncle would use when we would all get together at Christmastime. He would tell all sorts of hilarious jokes and wild stories. If anybody ever questioned him about the details of his jokes, he would say, “Never let the truth get in the way of a good story.” I have to compliment the opposition members today for bringing me back to those Christmas dinners, because they obviously feel they have a great storyline but the truth has nothing to do with it.

The arguments of the Conservative Party have nothing whatsoever to do with the actual content of the attestation or our government's policy on the Canada summer jobs grant. The attestation makes it crystal clear that it has nothing to do with an individual's personal beliefs, but everything to do with the nature of the jobs that organization is hiring for and the nature of the organization's core mandate, the core mandate not their personal beliefs.

The motion talks about organizations whose mandate is to feed the homeless. There is nothing in the attestation talking about core mandates of feeding the homeless. I want to see an end to homelessness. I want to ensure that all homeless people are fed, and so does our government.

The motion talks about organizations that help refugees. There is nothing in the attestation about having a core mandate to help refugees.

The opposition is pulling its hair out over a problem that simply does not exist. I sympathize with pulling one's hair out because I do not have much left to pull out. However, the Conservative Party is looking for headlines. The Conservatives see an opportunity to scare Canadians into thinking the government is coming for them and their private beliefs. Nothing could be further from the truth. People are protected by the Canadian Charter of Rights and Freedoms, with the freedom to worship in our country.

Let us talk about what is in the attestation. In particular, I want to talk about a key aspect of the attestation that has not received much attention in this discussion. It is the requirement to attest that the job and the organization will respect the right to be from discrimination on the grounds protected by the Canada Human Rights Act, including sexual orientation, gender identity, and gender expression.

Some 15 months ago, the House passed Bill C-16 to protect Canadians from discrimination on the basis of their gender identity or gender expression. It explicitly protects transgender and non-binary Canadians from being discriminated against in employment. Bill C-16, as members well know, is now law, and it passed the House with the support of members from all parties, including the mover of today's motion. Perhaps those members can explain why they voted for a law that protects gender-diverse Canadians from discrimination in employment, but are now angry that the Government of Canada will not fund organizations that want to discriminate in employment against these very gender-diverse Canadians.

Individuals are entitled to their personal beliefs. However, it is a reality that there are organizations that hold LGBTQ2 people like me with contempt and believe they are entitled to discriminate against me and others because of who we love or how we express our gender. That is why governments have passed laws to protect me and members of my community from that discrimination. Yet, it seems, from the arguments I hear today, that there is a belief that these organisations are not only entitled to discriminate, but they deserve a big government effort and government financing to help them fund that effort.

Our government has taken a stand that if an organization's mandate is to turn back the clock and take away the rights and human dignity of LGBTQ2 Canadians, or women, or indigenous people, or people with disabilities or people of visible minority background, it has the right to do so but it does not have the right to expect LGBTQ2 Canadians and other taxpayers to pay it to do it.

The other piece of this discussion is with respect to abortion. Once again, individuals are entitled to have different views on this issue. For 10 years, the previous government refused to fund international organizations that performed abortion services overseas. The Conservatives had said that if an organization was involved in abortion, it did not get Government of Canada funding. I remember those days. I do not remember a single member opposite speaking out about it. The members seemed perfectly fine to deny needed medical services to women based on a viewpoint on abortion. However, our government refuses to pay organizations to hire individuals to protest outside of an abortion clinic to scare or abuse women, or pay organizations to hand out grotesque pamphlets on the streets. We have a problem with that.

Again, people are absolutely entitled to their own points of view in our country. They are entitled to hold those views and apply for or receive a summer job grant. However, if they choose to discriminate in their employment or want to hire people for no other job than to turn back the clock on women's rights, on LGBTQ2 rights, on the rights of persons with disabilities, on indigenous rights, then this government will decline their requests for such a cheque.

Who is supporting us in this matter? Abortion Support Services Atlantic, Alberta Pro-Choice Coalition, Shelter House Thunder Bay, Ontario Council of Agencies Serving Immigrants, the Canadian Centre for Gender and Sexual Diversity, as well as the Canadian Association of Elizabeth Fry Societies.

Is it too much to ask that a Government of Canada program respect the individual rights and values underlying the Canadian Charter of Rights and Freedoms? That all seems reasonable to our government as well as to major stakeholders, including the National Association of Women and the Law. I hope all members in the House will come to the same conclusion.

We are forging ahead with our goal of strengthening the middle class and creating a level playing field where everyone has the chance to succeed. That is our vision. That is our commitment.

[Rodger Cuzner, Liberal, Parliamentary Secretary to the Minister of Employment]

Madam Speaker, as parliamentary secretary, I am very pleased to stand today and join in this debate.

I want to recognize my colleague from Hamilton West—Ancaster—Dundas for, even in her question, providing that clarification had been circulated. The NDP has identified that as well. The clarifications were provided quite some time ago to all members of Parliament and community groups.

My friend and colleague from Elgin—Middlesex—London, a member whom I like a great deal, referred to the attestation as “BS”. If the “BS” stands for a “brave stand”, then I agree with her. This is all about a government that is standing up for the rights of Canadians, rights that were fought for by women, immigrants, and the LGBTQ2 community. These rights have long been fought for, and there is an expectation of the government of the day to stand by those citizens and defend those rights, which is exactly what we are doing through this initiative. Therefore, I am very happy to stand and speak to the motion today.

It is not news to any Canadian that prosperity depends more and more on a solid start for the next generation of workers. It also depends on the work experience they can gain to succeed in their careers to continue to boost our national economy and help our middle class prosper.

A summer job is an important opportunity for young people to get that kind of valuable work experience for which employers are looking. We hear time and time again that, “Yes, we'd like to give you the opportunity, but you have no experience”. Well, it is tough to get that experience if young people are not presented with that opportunity. This type of job also enables students to earn some money to help offset the cost of the school year ahead.

This is why our government is taking action right away. As a result of our government's increased investments in 2017, the number of jobs offered to young Canadians through the Canada summer jobs program nearly doubled compared to 2015 with the outgoing Conservative government.

The Canada summer jobs program is about creating quality work experience for young Canadians right across the country. When we learned that funding through the Canada summer jobs program had been used to undermine the rights of some Canadians, we took the necessary steps to ensure those rights were respected.

In the past, funding was used to support organizations like the Canadian Centre for Bio-Ethical Reform, which put kids to work distributing graphic images of aborted fetuses, and other organizations that did not welcome youth from the LGBTQ2 community in their summer camps. We know the Conservative Party has a different opinion on some of these issues.

On April 26, 2017, weeks before the Conservative leadership vote, Jonathon Van Maren, the communications director for the Canadian Centre for Bio-Ethical Reform, wrote in a blog post endorsing the current leader of the opposition as one of the top three choices in the leadership race. He reached out to the leader and gave him a statement in which he affirmed that the leader of the opposition had always voted in favour of anti-choice legislation.

The leader of the opposition is against our $650 million investment in maternal health so women around the world can have safe access to the abortion health services they require. The leader of the opposition affirmed that he voted against transgender rights in Bill C-16. He believes that Jordan Peterson is correct on his views of gender pronouns. We know the leader is against LGBTQ2 rights. He is against women's right to choose and against transgender rights, as his own words have confirmed.

The Government of Canada is committed to respecting the fundamental rights of all Canadians, including the LGBTQ2 and women's rights. We also support the freedom of conscience and religion guaranteed under the Canadian Charter of Rights and Freedoms. There is nothing controversial about that.

We have taken concrete steps to prevent federal funding from going to create jobs that do not respect the rights of all Canadians.

As a result, the Canadian summer jobs 2018 application form asks organizations to confirm that both their core mandate and the jobs in question respect individual human rights and labour laws and do not support discriminatory practices. It is a question of justice and equality for everyone, not a question of beliefs. It is another example of the traditional Canadian approach of diversity and inclusion.

The opposition keeps talking about critics, but let me take a different view.

We want to talk about the many supporters of the attestation. Major Canadian organizations are supporting our approach. In fact, our government received an open letter from the National Association of Women and the Law saying how supportive it was of this year's eligibility requirements for CSJ applicants. A number of my colleagues in the House today know that the women in law group testified yesterday at committee on Bill C-65. They know that it is a highly regarded organization nationally, if not universally.

The association wrote, in black and white:

Significant misinformation has been widely circulated in the media about the nature of the attestation that is now required by organizations that wish to apply for federal government grants for student jobs through the CSJ program. We are confident that the safeguards introduced to the CSJ program are not discriminatory, and do not represent any infringement on freedom of religion, conscience, or any other rights that people in Canada enjoy.

This comes from an organization that promotes the equality rights of women in our country. This organization has played a major role in major milestones toward women's equality in Canada, such as the inclusions of sections 15 and 28 in the Canadian Charter of Rights and Freedoms; amendments to sexual assault laws, positive changes to family law and to the divorce act; rape shield legislation; and criminal harassment legislation.

There is more.

An open letter of support was signed by 80 major organizations from across Canada. Let me name a few. There is Oxfam Canada, YMCA Canada, The Canadian Centre for Gender and Sexual Diversity, Women's Human Rights Education Institute, Abortion Support Services Atlantic, Alberta Pro-Choice Coalition, the Network of Black Business & Professional Women, Canadian Research Institute for the Advancement of Women, Canadian Health Coalition. The list of supporting organizations goes on and on. Strong voices across the country are raising in support of this year's eligibility requirements for CSJ applicants. Who is in a better position than these organizations to speak out on the issue that concerns us today?

This display of support is just one example. There are many more supporters of the attestation that is required by CSJ applicants.

However, people may ask what the Canada summer jobs program consists of. It is a federal program that aims to provide salary subsidies to employers so they can create jobs for high school and post-secondary students. It provides financial aid to the not-for-profit organizations, public sector employers, and small businesses with up to 50 employees. This funding enables the creation of summer job opportunities for youth between the ages of 15 and 30, who are studying full time and are planning to go back to school for the following year. As was the case in years past, religious and faith-based organizations are eligible for funding through the program and are invited to apply.

To better meet the changing needs of the new increasingly globalized economy, our youth employment strategy helps young Canadians receive valuable work experience and skills development in support of their future career. It includes three program streams.

First, the skills stream helps youth facing barriers to employment develop the skills they need to find a job or go back to school. The focus is on single parents and newcomers, as well as youth with disabilities, indigenous youth, and youth in rural and remote areas.

The second stream, career focus, helps post-secondary graduates find a job through paid internships. It provides these youth with the information and experience they need to make an informed decision about their career, find a job, or pursue graduate studies.

Finally, the summer work experience stream offers subsidies to employers for them to create summer jobs for high school and post-secondary students and includes the Canada summer jobs program. Each year we invest over $330 million in this strategy and we have committed to investing an additional $340 million over three years to create up to 35,000 additional summer jobs for youth.

In fact, I would be remiss if I did not mention that in budget 2018, our government proposes to provide an additional $450 million over five years, starting in 2018-19, for the youth employment strategy. This funding will support the continued growth of the number of job placements funded under Canada summer jobs in 2019-20. It will also provide additional resources for a modernized youth employment strategy in the following years, building on the input of the expert panel on youth employment. As well, a renewed youth employment strategy will be announced over the course of the next year.

All this to say, we are doing this for Canadian youth.

Let us go back to the issue today.

Under Canada summer jobs, employers are invited to submit an application that meets the program's national priorities, which were established to better meet the current and future needs of the labour market and improve the situation of youth in the labour market. This means that we prioritize jobs created by employers that intend to hire youth from under-represented groups, including new immigrants or refugees, indigenous people, people with disabilities, and visible minorities.

The program will also favour small job creating businesses, organizations that support employment opportunities for official language minority communities, and organizations that offer services or support to the LGBTQ2 community.

Canada summer jobs will also place a particular focus on organizations that support job opportunities in science, technology, engineering, and mathematic sectors, as well as the information and communications technology sectors, particular for women.

For this reason, the CSJ program will not provide funding to organizations whose main activities include partisan political activities or seek to remove or undermine established individual rights for Canadians. To clarify, our government has taken the principled stand that we will not fund groups that distribute graphic pictures of bloody fetuses to school-age children. Any organization whose activities aim to limit women's existing reproductive rights will not be eligible for this funding. The same goes for a summer camp that would submit an application to hire students as camp councillors at a camp that would not welcome youth from the LGBTQ2 community.

On the other hand, many other faith-based organizations would be eligible for the program. Say, for example, a faith-based organization with anti-abortion beliefs applies for funding to hire students to serve meals to the homeless. The organization provides numerous programs in support of its community. The students would be responsible for meal planning, buying groceries, serving meals, etc. This organization would be eligible to apply.

Say another faith-based organization that embraces the traditional definition of marriage but whose primary activities reduce social isolation among seniors applies for funding to hire students. The students would be responsible for developing and delivering programs for all seniors, regardless of sexual orientation, gender identity, or expression. This organization would be eligible to apply.

Another example would be an organization with anti-abortion beliefs that runs a summer camp for underprivileged youth. It would be eligible to submit an application. This would enable it to offer students summer jobs as camp counsellors.

Applicants have to confirm that they meet the new requirement through an attestation included in the application form. They are not required to share their points of view, their beliefs, or their values, because these are not taken into consideration in the program application process. That an organization is affiliated with a religion does not make it ineligible. Service Canada evaluates the applications based on the eligibility and assessment criteria, including national and local priorities. All the eligible applications in a constituency are ranked accordingly.

Each year, members of Parliament are invited to take part in certain activities related to the Canada summer jobs program. This means that elected officials can help promote the program, establish local priorities, confirm the list of projects, inform the selected employers, and take part in announcements related to those programs. Members of Parliament are invited to take part in these aspects of the CSJ program, but their participation is, of course, voluntary.

In cases where members of Parliament do not take part in the process, Service Canada establishes the list of projects for their constituencies. Summer job priorities will not be the same in Nunavut as they are in Toronto or Calgary or Vancouver or Cape Breton—Canso. They will not be the same in Prince Edward Island as they are in Saskatchewan.

The Canada summer jobs program is not a government program just like any other. It meets the needs of a young, dynamic workforce while at the same time meeting the current needs of each region across this country during the summer period. Above all, it meets young people's need to get rewarding summer work that will help them gain much-needed experience to start their professional lives.

Our government is committed to ensuring that government funding respects Canadians' hard-won rights, particularly those of women and the LGBTQ2 community. We have taken the principled stand that we will not fund groups that distribute graphic pictures of bloody fetuses to school-age children or any groups whose jobs will limit the protections Canadians depend on.

We know that religious- and faith-based organizations, which are primarily focused on compassion and helping those in our society who are most in need, offer valuable services to our communities. The changes we have made to the CSJ program will ensure that youth who get jobs funded by the government will be working in an environment that respects the rights of all Canadians.

Indigenous Peoples and Canada's Justice System

[Marco Mendicino, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, it is a privilege to rise on this day, a day on which the Prime Minister stood in this House to announce that we will introduce legislation to enshrine, finally, the recognition and implementation of the rights of indigenous peoples as the basis for all relations between indigenous peoples and the Government of Canada.

I was also proud to join the Minister of Justice in this take-note debate as she described in detail the hard work and great progress we have made on criminal justice reform. The many examples include Bill C-51, which would strengthen sexual assault laws; Bill C-46, which would strengthen our impaired driving laws; and Bill C-16, which would protect gender expression and identity under the charter. We have also made significant progress in renewing our relationship with indigenous peoples, one that is based on respect and the right to self-govern.

How are we doing this? We are doing it in a number of ways: one, by implementing the RCAP recommendation to create two separate departments, one that is mandated to focus on indigenous-crown relations and the other a department to focus on the provision of indigenous services; two, by embracing the UNDRIP principles; three, by the creation of the working group, which is currently reviewing all federal laws and policies to ensure that Canada is fulfilling its constitutional obligation with indigenous peoples; and four, by creating and enshrining 10 principles which inform our relationship. This is merely a starting point, in a renewed approach, where we are supporting the rebuilding of indigenous governments and nations while, in turn, reducing the use of the courts to resolve conflict.

Ultimately, this work will help assist Canada to overcome the legacy of colonization and achieve true reconciliation with indigenous peoples. This is a historic moment, one for which indigenous peoples have been advocating for many decades. As we move toward the next 150 years of Canada, we envision a country that is more inclusive of first nations, Inuit, and Métis peoples. Making the shift is fundamental to the growth and prosperity of Canada.

In terms of this take-note debate, let me say a few words.

Indigenous peoples are concerned because they do not know if the criminal justice system will treat them fairly, whether they are victim or accused. As the government strives to establish a nation-to-nation relationship with indigenous peoples, we must recognize and resolve these problems.

Let me speak for a few moments about the very well-documented, systemic challenges which currently exist in our criminal justice system. In this regard, the statistics reveal a number of concerning trends.

Indigenous people are more likely than any other Canadian to be victims of crime. Indigenous people are more than twice as likely to be victims of violent crimes than non-indigenous people. Indigenous women are also three times more likely to experience sexual assault.

Over 1,200 indigenous women and girls have gone missing or have been murdered. Sixteen per cent of all women murdered in Canada from 1980 to 2014 were indigenous, although they make up 4% of Canada's female population.

In 2015-16, indigenous adults accounted for 27% of admissions to custody in provincial and territorial institutions, and 28% of admissions to federal institutions. This is about seven times higher than the proportion of indigenous adults in the Canadian adult population. The overrepresentation is more pronounced for indigenous women than it is for indigenous men. In 2014-15, 38% of female admissions to provincial custody and 31% of female admissions to federal custody were indigenous women. Indigenous youth are also overrepresented in our jails. They are only 7.5% of the Canadian youth population, but they account for 35% of admissions to provincial and territorial correctional services.

These statistics are telling, and they call on us to do the important work that is before us now. What is that work?

In light of these trends, we are taking action to improve the experience of indigenous people in the criminal justice system. Specifically, we have taken steps to strengthen programming to improve outcomes for indigenous people when they come in contact with the criminal justice system as both victims and accused.

The 2017 budget set aside approximately $11 million in permanent funding for the indigenous justice program, and the 2016 budget boosted permanent funding for the indigenous courtwork program by $4 million. These programs offer support to reduce recidivism and tackle the root causes of delinquency among indigenous individuals in an effort to reduce their contact with the criminal justice system.

Alongside the National Inquiry into Missing and Murdered Indigenous Women and Girls, the Department of Justice has also undertaken two new victim service initiatives to provide direct assistance to families. The first is funding the creation of family information liaison units, a new service to help families access available information about their loved ones from multiple government sources. Second, the department is providing additional funding for indigenous community-based organizations, non-governmental organizations, and victim services to support the delivery of culturally responsive and trauma-informed services for families of missing or murdered indigenous women and girls.

Of course, we know that funding alone is not enough. That is why our government has also been engaging with indigenous people and with all Canadians to assess the problems faced by indigenous people in the criminal justice system. This engagement has taken place through round tables on our indigenous justice program. I have been privileged to participate in that broad national round table engagement process along with the Minister of Justice.

More broadly, under the leadership of the Minister of Justice, our government has also undertaken a review of Canada's criminal justice system to ensure that it is just, compassionate, and fair, and promotes a safe, peaceful, and prosperous society.

What we are hearing is that the challenges facing Canada's indigenous community, including overrepresentation, which I have already alluded to, are top of mind when it comes to this government's agenda, when it comes to consultations and reform.

As our government continues the important work towards reconciliation with indigenous peoples, we have also developed 10 principles respecting Canada's relationship with indigenous peoples, principles which base the relationship between indigenous peoples and the federal government on the right of self-determination, and relationships based on recognition and implementation of rights. The 10 principles are intended to be a starting point for a recognition-based approach to changing federal laws, policies, and operational practices that recognize indigenous peoples.

Lastly, the national inquiry into missing and murdered indigenous women and girls was established in December 2015, and work began in September 2016.

The independent commission was tasked with examining the systemic causes behind the violence that indigenous women and girls experience and their vulnerability to violence, as well as the institutional policies and practices put in place as a response to violence, including those that have been effective in reducing violence and increasing safety. The commission was then asked to make recommendations on concrete measures to end this national tragedy and honour and commemorate missing and murdered individuals.

What are the steps moving forward? While the important initiatives I have described are critical to improving the experience of indigenous peoples, our government recognizes that we can and must do better for all Canadians. While it would be inappropriate for me to speak about the specific circumstances around the Stanley case, we must recognize the historic patterns that exclude and victimize indigenous Canadians. Part of our work in understanding and recognizing victimization is to meet with and listen to indigenous Canadians. Listening to Canadians in this way and expressing our empathy does not undermine the operation of the criminal justice system; rather, it will serve to strengthen it. Some of the concerns we have heard this week relate to the jury selection process, and the Minister of Justice has indicated our government's willingness to look at those provisions as part of our overall criminal justice review.

More broadly, our government, led by the Department of Justice, is currently developing an action plan to reduce the overrepresentation of indigenous peoples in the criminal justice system, both as victims and as offenders. The goal of this action plan is to advance federal efforts toward responding to the Truth and Reconciliation Commission's calls to action respecting adult and youth indigenous overrepresentation. We will continue to develop the action plan through engagement with indigenous partners and collaboration with provincial and territorial governments.

In conclusion, all Canadians know that we can and must do more to reshape the experience of indigenous Canadians in our criminal justice system. We must do this work in partnership with indigenous peoples, recognizing our role and our efforts to continue on the path of reconciliation.

Expungement of Historically Unjust Convictions Act

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

Mr. Speaker, as a gay man, I take particular pride in standing in the House today to speak to Bill C-66. For me, the bill is an important and necessary part of the apology delivered by the Prime Minister in the House just a week ago. In that apology, the Prime Minister acknowledged that governments in Canada had run campaigns of humiliation, intimidation, firings, and persecution of fellow Canadians on the basis of their sexual orientation. This ranged from interrogations; to pressure to inform on colleagues, to firings from the public service, the foreign service, the RCMP, and the Canadian Forces; and to campaigns by police targeting gay men for consensual same-sex activity, all of this despite the fact that most forms of same-sex activity were legalized in 1969.

As a gay man of a certain age, I also take a personal interest in the expungement legislation. It was probably more a matter of luck than anything else that I was not caught in the nets cast to capture gay men in public places, like the 146 men arrested in raids on two gay bars in Montreal in 1977, places and a year in Montreal which I am familiar. More than 300 were arrested in raids on four bath houses in Toronto in 1981.

What is important about these two events is that both of them sparked public demonstrations for the first time against these campaigns of arrests. More than 2,000 turned out in Montreal and more than 3,000 turned out in Toronto. These demonstrations marked the beginning of the organized resistance of the LGBTQ community against these campaigns of oppression, resistance which has ultimately led to this legislation being before the House today.

Correcting some of the injustices resulting from these campaigns is indeed the purpose of Bill C-66, as those subject to these campaigns suffered real consequences. However, some of these consequences can never be reversed, especially as many of the resulting charges led to public humiliation when the names of those arrested were released for publication in the media, this at a time when being out was not really a thing and was far from being socially acceptable. Those who were convicted found themselves with severe limitations on their ability to retain jobs or to find new jobs if they were fired, as discrimination on the basis of sexual orientation was only outlawed in most jurisdictions in the 1990s, with the notable exception of Quebec, where it took place in 1977, and Manitoba in 1986.

A settlement of the class action law suit launched by those who were fired from their federal jobs, and on which agreement in principle was reached only days before the apology, will provide some monetary compensation to those still living who lost jobs. However, there are other consequences of convictions resulting from these campaigns against consensual same-sex activity that continue to this day.

Those with criminal records remain prohibited from volunteering with vulnerable people, whether that would be serving as a role model for LGBTQ2 youth, as foster parents, or volunteering to serve seniors with dementia. Of course, criminal records often result in severe restrictions on the ability to travel abroad.

While I am glad to see the legislation being dealt with expeditiously in the House, I have to remind my colleagues that many in my community have waited decades for this moment to come. Many never thought we would see this day and many, in fact, did not live to see this day, some simply because it has taken too long and some because having their lives and careers ruined as a result of those campaigns led them to take their own lives.

In 1992, NDP MP Svend Robinson raised the question of the gay purges with Conservative Prime Minister Mulroney, and he responded that “if” these campaigns had occurred, they would have constituted human rights violations and should have been investigated. However, 25 years ago nothing came of this.

Activists within the LGBTQ community first made formal demands for an apology in 1998, nearly a decade ago, but the Liberal government of the day did not respond. In 2014, long-time NDP member of Parliament and first out lesbian in the House, Libby Davies, introduced a motion calling for an apology. Also in 2014, NDP MP Philip Toone introduced a bill to get rid of these unjust criminal records.

When we look at how the LGBTQ2 community has pursued an apology and expungement of criminal records for 25 years, the words fast and expeditiously need to be used sparingly when it comes to Parliament acknowledging the unjust treatment of the community and responding appropriately.

Nevertheless, I take the apology very seriously. I hope it will be a springboard for action, not just to redress previous wrongs but to launch efforts to remove ongoing discrimination against my community, including ending the gay blood ban, fully implementing Bill C-16 to bring about equal treatment for transgender and gender variant Canadians, and ensuring the concerns of two-spirited Canadians are addressed whenever reconciliation is on the table.

At this point, I should restate the NDP position on the bill, and that is that the bill should go forward quickly, as there are ways within the bill itself to deal with the concerns that have been raised since it was tabled.

It is unfortunate that the community and the many researchers and activists who have been working on this issue were not consulted in the drafting. those like Gary Kinsman and Patrizia Gentile, who we can actually say wrote the book on this, when they published their book The Canadian War on Queers in 2010. For some reason, the Liberal government was determined to keep consultations on redress separate and apart from consultations on the apology itself.

Turning to the contents of Bill C-66, there is of course one big omission in the bill. It excludes bawdy house offences from the list of offences for which one can apply for expungement, never mind that raids on gay bars and bath houses were key parts of the campaign of persecution against gay men. It is a curious omission from the list for which one can seek expungement when the Prime Minister himself clearly labelled use of bawdy house provisions against the LGBTQ2 community as discriminatory, and specifically included both bathhouse raids and entrapment by the police in his apology. Therefore, it seems wrong that the list of offences in the bill is narrower than the apology delivered by the Prime Minister.

One might ask why am I arguing this bill ought to go forward with this gap in it. Clause 23 of the bill allows cabinet to add offences to the schedule by order in council. I trust the Liberal government will consider these issues that have been raised and discussed here today and will fully implement the apology after the bill passes by adding bawdy house offences to the schedule. The New Democrats will be here to remind the Liberals if they should forget or dawdle.

Some have expressed a concern that offences added later would have lesser status and could easily be removed by a future government. Let me point to the testimony by officials in the public safety committee Monday, reassuring us that once offences were in the schedule it would require legislative action to remove them.

On the question of ensuring there are no obstacles to LGBTQ2 citizens being able to use the expungement process, again we heard reassurance from the public safety, justice, and Parole Board officials. First and foremost was the confirmation that we had again here today, that there would be no fee to apply for expungement. Second, there was assurance from the Parole Board that the application process would remain “simplified” and that staff would be made available to help citizens file their applications so they would not be required to retain legal counsel to do so.

Another concern is the question of what would constitute proof of consent for offences, which are often quite old and are convictions for offences for which the question of consent was not germane to the conviction. The bill says that it has to have been consensual sex. Again, officials assured the public safety committee that dealing with this question was the purpose of proposed section 7(3), allowing sworn statements where records, and therefore evidence on the question of consent, are not available. Further, the government's charter statement on Bill C-66, which was tabled yesterday, very clearly says the following, “Pursuant to sections 12 and 13, the Board must expunge if there is no evidence that the applicable criteria are not satisfied...”

With regard to the age of consent provisions, officials again pointed out that the laddering provisions in effect at the time of the conviction allowing exemptions for those close in age would still apply to the expungement.

I stand here today as a proud member of the LGBTQ2 community and a proud member of a House of Commons, which has acknowledged the historical campaigns of persecution against my community, apologized for those injustices, and with this bill, has begun the process of redress that will complete the apology.

My community waited decades for this acknowledgement and apology, so I am glad we have moved quickly on the bill, even if we were very late at getting to the starting line.

Let me stress once again my hope and the hope of my community that the apology will mark a turning point and a springboard not just for action to address the historical injustices, but a springboard for action to remove ongoing discrimination.

Members of the LGBTQ2 community who were the subject of campaigns of persecution should not have to wait longer to see the formal part of these injustices undone. We have come a long way, but there is still more work to do.

[Mark Holland, Liberal, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, it is an honour to rise in the House today to speak to Bill C-66.

I, along with all members, was in the House for the landmark apology that was offered by the Prime Minister to the LGBTQ2 community. The apology was then echoed by every party leader in the House. It was an incredibly moving moment.

I remember debating same sex marriage in the House. I remember how difficult the debate was and how proud I was to support the legislation at the time. To see how much progress we have made on this issue as a country is very heartening.

I attended an event that the Canadian Human Rights Voice hosted, where Todd Ross was honoured, and he shared his story. He served in the Canadian military with distinction. However, as a very young man, he was forced, through lie detector tests, to come out to two strangers in a room that he was gay, before he had the opportunity to come out to anybody else, and he was forcibly removed from our military. To hear him share his story, and what that apology by our Prime Minister and every party leader meant to him was so important. We already see the effects of that apology. However, that apology in and of itself is not enough.

The Prime Minister's assertion that the injustices will never be repeated again, that we will not make the same mistakes is essential. Therefore, it is absolutely critical that we work with the lesbian, gay, bisexual, transgender, queer, and two-spirit communities to make right past wrongs and to ensure this never happens again. We are proud of the relationship we have with this community, but we recognize how much work needs to be done. Bill C-66 is a critical part of that.

It is difficult for many of us to fathom that there was a time in our history where laws allowed persons to be charged, prosecuted, and criminally convicted simply because of who they loved. LGBTQ2 Canadians were humiliated, imprisoned, and saddled with criminal records because of their sexual orientation. They were forced to live with permanent stains on their lives when they had done nothing wrong, until now.

Bill C-66, the expungement of historically unjust convictions act, would create a process to permanently destroy the records of a conviction of offence involving consensual activity between same sex partners that would be lawful today. It would give the Parole Board of Canada jurisdiction to order or refuse to order expungement of a conviction. It would deem a person convicted of an offence for which expungement was ordered never to have been convicted of that offence.

This is very different from other processes that currently exist today. For example, a record suspension or pardon, the purpose of which is to remove barriers to reintegration for former offenders, does not destroy the criminal record. It sets aside for most purposes, but the criminal record could be disclosed or revoked in certain circumstances when public safety is at risk. Also, record suspensions or pardons cannot be granted posthumously, meaning those who have died do not get an opportunity to have their name cleared.

In contrast, the government fully recognizes that those convictions constitute a historic injustice and that they should not be viewed as former offenders. They are not only wrong today but they were wrong then, in violation of our charter, and of fundamental rights. These convictions were for an act that should never have been a crime. However, this expungement process will allow these convictions to be fully and permanently removed from federal databases.

For thousands of Canadians impacted, the process will be straightforward. Applying will be free of charge. Those eligible to apply directly can do so to the Parole Board. In the case of deceased persons, a family member, loved one, or other appropriate representative will be able to apply on their behalf. This is consistent with the recommendation of Egale Canada's human rights trust.

Applicants will need to provide evidence that the conviction meets certain criteria, including that the act was between same-sex individuals, that it was consensual, and that those involved were at least 16 years of age or subject to a close in age defence under the Criminal Code.

Upon confirmation of a successful application, the record of the conviction can be destroyed. That means once the Parole Board orders expungement, the RCMP will permanently destroy any record of the conviction in its custody. It will also notify any federal department or agency that to its knowledge has any records of the conviction and direct it to do the same. Relevant court and municipal and provincial forces will be notified of the expungement order as well.

Expungement offers more than a clean criminal record check. It is recognition that the conviction was unjust and that it never should have occurred in the first place. It is recognition that it was inconsistent with the fundamental rights now protected under the charter of rights and freedoms.

All of this is not to say that there will be blanket expungement. Indeed, we want to ensure we are only catching those who meet the set criteria. Criminal records for individuals convicted of non-consensual sexual activity will continue to be upheld. Applications submitted for an ineligible offence or by an ineligible applicant will also be rejected. Furthermore, an automatic expungement process would be irresponsible as it could result in the expungement of records for acts that are still criminal.

However, those eligible will find the process to expunge their record very straightforward. This includes military service members whose offences sometimes were prosecuted under the National Defence Act. That is why we have allowed for a schedule of eligible offences that will apply to convictions under the Criminal Code as well as convictions under the National Defence Act.

Applications must be for offences listed in the schedule of the act, and initially this will include buggery, gross indecency, and anal intercourse.

The act would allow for the Governor-in-Council, in future, to make other historically unjust convictions eligible for expungement by amending the schedule of eligible offences, and as necessary, criteria through order in council.

Given the historic nature of these offences, if court or police records are not available, sworn statements may be accepted as evidence.

It should be noted that anyone attempting to mislead the Parole Board about a historical offence can be charged with perjury.

To put all of this in place, the government has set side $4 million over two years to implement this new process. Proactive outreach will also be undertaken to increase awareness of the initiative, the criteria, and the application process among potential applicants. The government will work with federal partners and stakeholders from the LGBTQ2 community to inform potential applicants.

It is now incumbent upon us to ensure that happens sooner rather than later.

The moment the bill is passed we can begin accepting applications, which is why I would urge all members to pass the bill as expeditiously as possible. The Parole Board of Canada can begin accepting applications as soon as this legislation is brought into force.

At the same time the government introduced the bill, it announced a settlement in the class action lawsuit for actions related to the purge. This will provide up to $145 million to former public servants and military and RCMP members impacted by state-sponsored systemic oppression and rejection.

The agreement in principle also includes a minimum investment of $15 million by the Government of Canada for projects that will record and memorialize those historic events, so we never forget our past, so we never repeat it again in the future. That includes museum exhibits curated by the Canadian Museum of Human Rights. It includes a national monument located right in Ottawa, along with an education package memorializing the historic discrimination against the LGBTQ2 community.

As I have mentioned, all of this represents an important step but not a panacea. Working to create the inclusive and diverse country we want will take sustained effort and collaboration on all our parts.

As the Prime Minister noted in his apology, “Discrimination against LGBTQ2 communities is not a moment in time, but an ongoing centuries-old campaign. We want to be a partner and ally to LGBTQ2 Canadians in the years going forward.”

That is why we have been and will continue to work hard to address issues impacting lesbian, gay, bisexual, transgendered, queer, and two-spirit individuals.

I am deeply proud of what the government has accomplished to date and of the work that is still ongoing. Just over a year ago, the Prime Minister named the hon. member for Edmonton Centre as his special adviser on LGBTQ2 issues. An LGBTQ2 secretariat has also been established within the Privy Council to support government initiatives on these issues.

With the recent passage of Bill C-16, gender identity and gender expression are now prohibited grounds for discrimination under the Canadian Human Rights Act. Bill C-16 also expands hate propaganda offences in the Criminal Code to protect identifiable groups that are targeted for their gender identity or expression. Another piece of legislation, Bill C-39, has been introduced to repeal section 159 of the Criminal Code.

Work is also under way to develop a long-term vision for blood services that ensures safety and non-discrimination in donation practices. In fact, the Minister of Health was instructed in her mandate letter to work with the provinces and territories toward that very goal.

The government is working toward adopting policies and practices that remove unnecessary collection of gender markings in government forms. We are also working to introduce an X gender designation on passport applications. This would ensure Canadians who do not identify as either male or female receive the same services and support as everyone else does.

The government also plans to commemorate the 50th anniversary of the decriminalization of homosexuality in 2019. It will do so by providing funding for initiatives that increase awareness of the people, actions, and struggles that led to that milestone.

For example, more than $770,000 in federal funding will be provided to the Egale Canada Human Rights Trust to support the “Legalizing Love: The Road to June 27, 1969” travelling exhibit project.

I am also proud to note that Canada is actively promoting LGBTQ2 rights on the international state, including as co-chair of the Equal Rights Coalition.

Since 2014, we have provided $2.9 million in funding for projects that support violence prevention programs, awareness campaigns, and advocacy efforts in support of LGBTQ2 communities abroad. These include initiatives aimed to combat homophobia, transphobia, and biphobia in education systems.

In Canada, we know that LGBTQ2 youth have a disproportionately high rate of homelessness. According to a 2016 Statistics Canada study, while members of LGBTQ2 communities make up between 5% and 10% of our population, they represent between 25% to 40% of our homeless youth. A new and unique facility, currently under construction in Toronto, will be exclusively dedicated to serving this very vulnerable group. The Egale Centre will offer transitional and emergency housing, as well as counselling services, for homeless LGBTQ2 youth.

Last week, the government announced just over $47,800 in federal funding to help improve the Egale Centre's security. The funding will be used for the installation of security cameras and access control systems. The enhanced security measures will mean greater peace of mind and a safer and more secure facility, for the benefit of the Egale Centre's residents, staff and volunteers.

I am proud to stand with a government that is committed to protecting the fundamental human rights of all Canadians. All people, regardless of sexual orientation, gender identity, and gender expression must be able to live their lives free from stigma, violence, discrimination, or prejudice.

Sadly, as we know, there was a time in our history when the prevailing attitude to LGBTQ2 issues was very different from today. People could be criminally charged and convicted simply because of their sexual orientation. The could lose their jobs, their livelihoods, and their loved ones, or be barred from serving their country. They could be bullied, ostracized, and made a pariah by their own government.

The landmark bill we are discussing today is an important and necessary step toward righting the historical discrimination faced by LGBTQ2 Canadians for so many years. It is a key step we are taking, but is only one of many. It is in the context of a world in which calls for equality are slowly being answered.

Just yesterday, the legalization of same-sex marriage occurred in Australia. It joined countries like the U.K., Germany, and many others. They are also looking at making reparations for the historic discrimination that happened to the LGBTQ2 communities within their countries.

We remain in a world in which many LGBTQ2 individuals are still forced to live in fear, fear of being rejected, fear of being hated, fear of facing violence or even facing death, just because of who they love. Sometimes the gaps appear so far apart, they are like worlds we cannot bring together. However, as the proverb goes, a river cuts through rock not because of its power, but because of its persistence, and the calls for an inclusive world in which diversity can thrive are stronger and more persistent than ever. The apology that was given by all of the leaders in this House was demonstrative of that. The fact that we can come together as a House and be able to stand and acknowledge our part with respect to the wrongs of the past, as well as to be able to talk about the future we want, not only for our country but for all people across the world, about basic human rights, and the right as basic and as simple as being able to love the person that one loves without fear of reprisal, is something that we can stand for and propagate.

I am proud to introduce this bill. I urge all members to support it expeditiously.

LGBTQ2 Canadians

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

Mr. Speaker, New Democrats welcome and support today's apology. We join the government in acknowledging the harm that was done to the entire LGBTQ community, but especially the severe impacts that prejudice, discrimination, and persecution have had on individuals. We also want to honour today those many activists who resisted these campaigns and fought back against social prejudice. Today is the vindication of your struggles.

It is high time that we recognized that the careers and lives of thousands of Canadians were ruined, not only through the endemic discrimination, homophobia, and transphobia of the past, but also by government policies and campaigns to single out members of the LGBTQ community for persecution.

It could take several forms. There were countless criminal prosecutions for consensual same-sex activity. Special units were created in the Canadian Forces to ferret out gay and lesbian members and to drive them out of the Forces, either by forcing them to resign, by offering an honourable discharge for their co-operation, or by imposing various forms of less-than-honourable mentions on those who were hounded out.

There was even a secret committee of senior public servants and RCMP officers in Ottawa who sometimes met weekly to conduct a campaign of dismissals from the public service and the RCMP.

Despite the fact that consensual same-sex activity had been legalized in 1969, with the support of both the Liberals and the NDP, these government activities targeting the LGBTQ community continued well into the nineties. Anyone who doubts the relentlessness of these campaigns has only to read Gary Kinsman's book, The Canadian War on Queers, for the proof that these campaigns had devastating consequences: careers cut short, and family and social lives ruined because of the impact of being outed as a result of a firing or an arrest.

As time went on, members of the LGBTQ community began to resist. Long-serving New Democratic member of Parliament Svend Robinson worked tirelessly for change as the first, and for many years only, openly gay member of Parliament in the House of Commons. Among all the issues he tackled, perhaps most significant was his success in having sexual orientation added to the hate crimes section of the Criminal Code with a private member's bill that became law in 2004.

Let us also remember that James Egan and John Nesbit fought in the courts for recognition of equal spousal pension rights, and won, when sexual orientation was added to the Charter of Rights and Freedoms as a prohibited ground for discrimination by the Supreme Court in 1995.

Some 25 years ago this October, a very brave member of the Canadian Forces, Michelle Douglas, challenged her dismissal from the forces in court and won a judgment outlawing dismissal from the Canadian Forces on the basis of sexual orientation.

This apology, nearly 25 years after the end of the discharges from the military and the firings from the public service, and 50 years after the legalization of same-sex activity, comes none too soon for those who were its victims.

Simply the idea of an apology has been on the agenda for a very long time. Long-time NDP member Libby Davies, the first openly lesbian woman in this House, tabled a motion over three years ago calling for a meaningful apology for those fired from the public service.

Today we should also acknowledge the work of those who helped make this apology possible, especially the advisory council that worked with the government to get this apology before us today and the activists from We Demand an Apology Network and Egale's Just Society Committee, which not only made the case for justice but kept up the pressure on the government to act.

Most of all we should thank those survivors of the anti-LGBTQ campaigns who have come forward to tell their heart-wrenching stories yet one more time.

Apologies are in themselves a form of justice. The New Democrats are pleased that the apology was delivered today by the Prime Minister and inserted into the House of Commons record. The New Democrats were afraid that today there would be only an apology, without any mention of restitution. We were pleased to see movement on the part of the government in recent days to include measures that begin to deal with the substance of the harms for which the apology was given.

The New Democrats are committing today to work with the government to ensure that this legislation is passed quickly by the House and that it is exhaustive. We are also committing to continue working with the LGBTQ community to ensure that the legislative changes will become a daily reality, since there is still too much work to be done in terms of justice for the LGBTQ community.

We hope that today will mark a true change of gears for the government on LGBTQ issues, and that it will bring about a renewed climate of co-operation on these issues in Parliament.

New Democrats are also pleased to hear that the government has reached an agreement in principle with the plaintiffs in the class action lawsuit against the government. The lawsuit sought restitution for specific harms to individuals resulting from the government's campaign of firings from the public service, the RCMP, and the Canadian Forces. While the damage suffered was never limited to just financial losses, just compensation is an important part of any effort toward restorative justice.

We acknowledge the openness the Minister of Justice showed in working with the member for Esquimalt—Saanich—Sooke on passing his former private member's bill as a government bill.

There is still much to do to change government policies and practices so they honour the new legislated right to be free from discrimination on the basis of gender identity or expression. Let us get to work, starting today, with transgender and gender variant Canadians on implementing Bill C-16.

When it comes to ending the legal discrimination against the LGBTQ community, there is no question as to what needs to be done.

We are pleased today to see the introduction of a bill to expunge the criminal records of gay men who engaged in consensual sexual activity with same sex partners. However, it is not as though we do not know what such a bill might look like.

Philip Toone, an NDP MP from Quebec during the last Parliament, introduced such measures in 2014 under private member's business. Similar measures were introduced that same day by way of apology by the Australian government in Queensland, by New Zealand, and by Scotland.

Measures to counter this injustice should have been in place decades ago. We must not forget that this bill is not only symbolic. Every day, gay men with unjust criminal records are prevented from travelling or volunteering, and face discrimination when it comes to employment.

We hope to see authorization to proceed in addressing the cases of those kicked out of the Canadian Forces with something less than fully honourable discharges. After all, more than a year ago, the national defence committee unanimously approved a motion from the member for Esquimalt—Saanich—Sooke calling on the Minister of Defence to authorize the military ombudsman to begin revising the service records of those who were driven out of the Canadian Forces based on who they loved. We understand that aspects of dismissals from the forces will be covered in the settlement of the class action law suit, but the revision of service records still needs to happen.

The NDP welcomes the government's promise to move forward with removing section 159 from the Criminal Code, a section under which the age of consent for anal intercourse is different than it is for heterosexual relations.

Although the government introduced a bill to that effect, it has been held up at first reading stage for several months. A similar bill was already introduced in the House in the last Parliament, in 2014, by former NDP MP Craig Scott.

There is, of course, one sense in which this apology risks ringing hollow. That will be if this Parliament fails to act expeditiously to end discriminatory laws and policies that continue to penalize and stigmatize the LGBTQ community. As some have said, this would be a good time to stop doing things the government might have to apologize for in the future.

The discriminatory gay blood ban remains in place, despite the fact that almost every health professional agrees that there is no science behind the ban. This is a policy that not only stigmatizes gay men but continues to restrict the supply of blood and organs at a time when the need is so great.

Members of the LGBTQ community have waited decades for our government to acknowledge the systemic nature of the injustices perpetrated against their community.

Therefore, today is an important day marked by an apology presented on behalf of all Canadians and the government's commitment to make amends.

What we have acknowledged today is that the injustices perpetrated against, gay, lesbian, bisexual and transgender Canadians by the government were both egregious and systemic.

New Democrats hope that today will mark more than simply turning the page on this regrettable part of our history. Instead, this apology should be the springboard for action both here in Parliament and in Canadian society. We must begin by removing the last vestiges of institutional discrimination against lesbian, gay, bisexual, intersex, and transgender Canadians. We must also eradicate the prejudice that lives in our communities and affects our siblings, children, parents, friends, and neighbours.

From Svend Robinson to Libby Davies to the members for Esquimalt—Saanich—Sooke and Saskatoon West, and so many more, the NDP consistently stood with the LGBTQ community and followed its lead on these vital civil rights issues. It is our hope that all Canadians take today as an opportunity to move forward and continue to build the inclusive, accepting country that we all know we can be.

Human Rights

[Mélanie Joly, Liberal, Minister of Canadian Heritage]

Mr. Speaker, as I said already in French, all Canadians should be safe to be themselves, free from discrimination of any kind.

We have already made significant progress in this House on these issues with Bill C-16 and Bill C-39. Our special adviser on LGBTQ2 issues, the MP for Edmonton Centre, has been working with the community concerning the different issues that affect them in their everyday lives.

We have committed to apologize in an inclusive and meaningful manner tomorrow. Our government is working with a national advisory committee representing the community, to make sure that these excuses are—

[Mélanie Joly, Liberal, Minister of Canadian Heritage]

Mr. Speaker, all Canadians should feel safe to be themselves, free from discrimination. We have already made significant progress on these issues with Bill C-16 and Bill C-39.

Our special adviser on LGBTQ2 issues, the member for Edmonton Centre, has been consulting extensively with the community to ensure that we give a full and meaningful apology.

We are committed to making this formal apology tomorrow, November 28. Our government is working with the national advisory committee representing the community to make sure that this is a full apology.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage (Multiculturalism)]

Mr. Speaker, all Canadians should be safe to be themselves, love whom they choose, and be free from discrimination of any kind.

We have already made significant progress on these issues with Bill C-16 and Bill C-39. Our special adviser on LGBTQ2 issues, the member for Edmonton Centre, has been working hard and consulting broadly with the community to ensure that when an apology happens, it will be thorough and complete. That applies to veterans who are LGBTQ as well.

Funds have been allocated for things like the expungement of records. We will be addressing the issues of veterans.

Transgender Day of Remembrance

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

Mr. Speaker, today we are hearing many moving statements on Remembrance Day, but this afternoon I rise to mark another day of remembrance: the Transgender Day of Remembrance on November 20. People in communities across Canada and around the world will be remembering victims of transphobic violence and rededicating themselves to working to end discrimination against transgender and gender-variant people.

Last year there were 317 reported murders of trans people, and many more were victims of violence and discrimination. This includes the murder of Sisi Thibert in Montreal, on September 19. Despite hopeful signs that came this week with the election of several transgender people to public office in the United States, there have still been 23 murders of transgender Americans so far this year.

On this Transgender Day of Remembrance, we in Canada can point to Bill C-16, which guarantees the same rights and protections in law that all other Canadians already enjoy, but it is clear that much more remains to be done to build a more inclusive Canada, one where transgender and gender-variant Canadians can participate fully, on an equal basis, and without fear.

Canadian Jewish Heritage Month

[Michael Levitt, Liberal, York Centre, ON]

moved that Bill S-232, An Act respecting Canadian Jewish Heritage Month, be read the second time and referred to a committee.

Madam Speaker, it is a great honour to be here today as we consider Bill S-232, an act respecting Canadian Jewish heritage month, and I am honoured to be the sponsor of this bill in the House.

I want to acknowledge Senator Linda Frum, who has partnered with me in introducing this bill, which received unanimous support in the other place. I hope today to convince members of the chamber to give it the same enthusiastic support.

I want to particularly thank the hon. members for Thornhill and Esquimalt—Saanich—Sooke for their strong multipartisan support of this bill. I also want to take a moment to recognize the efforts of my friend and mentor, the Hon. Irwin Cotler, whose tireless work as a defender of human rights is a badge of honour for the Canadian Jewish community. Professor Cotler originally introduced the substance of this bill as a motion in 2015. As I stand here today, I want to dedicate my efforts in bringing this bill before the House to Irwin Cotler's honour.

Aaron Hart, widely regarded as the first Jewish Canadian, settled in Trois-Rivières, Quebec, in 1760. In the more than 250 years since then, Jewish Canadians have been deeply involved in building this wonderful country that we are also privileged to call home. Whether coming to Canada in search of economic opportunity, freedom from persecution, or in service to the crown, Jewish Canadians from St. John's to Victoria to Yellowknife have played an active role in the unfolding Canadian story.

The early Jewish immigrants came predominantly from western and central Europe, followed in the late 19th century by increasing numbers of eastern Europeans. Approximately 20,000 Holocaust survivors made it to Canada, followed by Jewish refugees fleeing from the Middle East and North Africa. Throughout the 1970s and 1980s, Jewish immigration from North Africa, particularly Morocco, brought many francophone Sephardic Jews to Quebec. This group is now a large portion of Montreal's Jewish population and a small but vibrant part of Toronto's Jewish community, including la Communauté Juive Marocaine de Toronto in my own riding.

Beginning in 1990, there was a significant Jewish migration to Canada from the Soviet Union, including the Russian Jewish community. Canada is home to nearly 60,000 Russian-speaking Jews, a thriving community represented by institutions like Toronto's Jewish Russian Community Centre. In 1983, my mother Edna and I left our home in Scotland to embark on, as she explained at the time, a great adventure. She brought me to Canada to build a better life and future for us both. Knowing barely a soul, we settled in Toronto because she knew there was a thriving Jewish community that would welcome us and provide us with the support we needed.

I am a proud Canadian, I am honoured to represent the people of York Centre in this House, and I am a proud Scottish Jew, a member of a small but mighty clan whose tartan I proudly wear here today. In many ways, the diversity of Jewish Canadians mirrors the mosaic of our broader Canadian society, each of us bringing with us our own customs and traditions and making Canada even better because of it.

Today I stand in this house as the member of Parliament for York Centre. I stand on the shoulders of the dedicated, brave, and committed Jewish men and women who paved the way before me. It is in their merit that I encourage all members of this House to support this bill.

One of the most inspirational Jewish Canadians for me was the Hon. David Croll, who served as the Liberal member of Parliament representing the riding of Toronto—Spadina for a decade following World War II before being appointed Canada's first Jewish senator. Mr. Croll came to Canada when he was six years old, his family fleeing the pogroms of czarist Russia. Through hard work selling newspapers and polishing shoes, he was able to put himself through law school. In 1930, at the height of the Great Depression, Croll was elected mayor of Windsor, the first Jewish mayor in Ontario, where he instituted welfare programs for the jobless and the poor. Croll became a member of the provincial Parliament in 1934, where he served as Minister of Labour and Minister of Public Welfare, the first Jewish Canadian to be a minister of the crown.

In the first days of the Second World War, Mr. Croll enlisted with the Essex Scottish, one of more than 17,000 Jewish Canadians who answered the call to serve.

As a federal parliamentarian, Croll championed a range of social issues, from health care to pensions, from tax credits for the poor to prohibiting discrimination.

One of his greatest achievements, in my view, was in pushing for the opening of Canada's immigration regime. Between 1933 and 1948, under Canada's notorious “none is too many” policy, only 5,000 Holocaust refugees were admitted to Canada—the fewest of any western country. The most egregious example of this misguided policy happened in 1939 when Canada turned away the MS St. Louis. There were more than 900 Jewish refugees on board, seeking sanctuary here in Canada. They were turned away and forced to return to Europe, where 254 died in the Holocaust. We cannot turn away from this uncomfortable truth and Canada's part in it.

In 1949, however, Canada admitted 11,000 Jews—more than any other country, other than Israel.

Nate Leipciger is one of the survivors who came to Canada. Seventy-three years after having survived the lowest point of his life, Nate returned to Auschwitz, this time as the highest point in his life. He came back by invitation to guide and teach his Prime Minister, the head of government of his adopted country, about the horrors he endured and the lessons we must never forget. He described his return to Auschwitz last year with the Prime Minister as “triumphant”. He said, “They gave me a one-way ticket, but I returned with my wife, daughter and granddaughter and the prime minister.” He came full circle, from dehumanized to sharing some of the most poignant human moments, shedding tears with the Prime Minister.

We as Canadians must remember the lessons taught by history from this awful period. Monuments like the national Holocaust memorial, soon to be opened in Ottawa, and local ones like the Yad Vashem Holocaust Memorial at Earl Bales Park in Toronto form part of the legacy of survivors and their families. They came to Canada and became Canadians in their own right. Their stories are our stories as Canadians.

I am proud that my riding became home to so many Holocaust survivors, emerging from the ashes of Europe to begin building new, vibrant lives here in Canada.

Pola and Zalman Pila were two of them. They both survived the death camps and death marches and were reunited after liberation, the sole survivors of their families. They arrived in Toronto soon after, penniless, not speaking English, a married couple with an infant son. With little formal education, they worked day and night to make a life for their children and later their grandchildren. They took the shattered remnants of their lives and with faith, love, and determination built an inspiring future. Pola delivered food right to the doorsteps of those in need, visited the sick, and provided financial assistance to all who asked. Her contributions and the contributions of Jewish women to Canada have been tremendous.

Let us consider Bobbie Rosenfeld. She was known throughout the 1920s as the superwoman of ladies' hockey. In 1924 she helped form the Ladies Ontario Hockey Association, serving as its president until 1939. Rosenfeld won gold and silver medals at the 1928 Summer Olympics after setting multiple Canadian track and field records. She was also a trailblazer off the field, a strong advocate for women in sports. In 1950, Rosenfeld was voted Canada's female athlete of the half-century by The Canadian Press, which awards the Bobbie Rosenfeld Trophy to Canada's top female athlete every year.

I could go on listing the myriad contributions of Jewish-Canadian women like Tillie Taylor, the first woman to be appointed as a provincial magistrate in Saskatchewan, or Constance Glube, appointed the first female chief justice in Canada on the Supreme Court of Nova Scotia in 1980, or Justice Rosalie Abella, who was born in a German IDP camp and became the first Jewish woman to sit on the Supreme Court of Canada.

However, it is not just the individual achievements that should be celebrated. Indeed, the Jewish contribution to Canada has often been greatest when it has come as the product of communal action and furtherance of a shared purpose.

In 1868, just one year after Confederation, the Toronto Hebrew Ladies Sick and Benevolent Society was established. With no paid staff and a budget of only a few hundred dollars, these visionary women built the foundation of what would become one of the leading family service agencies in North America, Jewish Family and Child. Based in York Centre, I have had the privilege of seeing first-hand how JF&C continues to have a positive impact on the lives of thousands of vulnerable Canadians from every background. JF&C upholds the Jewish value of tikkun olam, the idea that individuals are responsible not only for their own welfare but for the welfare of society at large.

It is one of several inspiring Jewish organizations in my riding that champion this ideal including B'nai Brith Canada, which can trace its roots to 1875; the National Council of Jewish Women of Canada, the first Jewish women's organization in Canada founded in 1897; and Canadian Hadassah-WIZO and the UJA Federation of Greater Toronto, which are both celebrating 100 years of life-changing contributions to Canadian society.

These stories have played out in communities big and small across Canada. I am certain that every member of the House from every province and territory can point to the role that Jewish Canadians play in their communities. As celebrated as these stories are, a darker undercurrent of Canadian Jewish heritage must also be acknowledged. Canada has sadly not been immune to anti-Semitism, a scourge that remains stubbornly in our midst.

On June 13, Statistics Canada released hate crimes data for 2015. Jewish Canadians were once again the most targeted religious minority in the country. As a Jewish Canadian, I find this data to be doubly concerning. Throughout history, the level of anti-Semitism has been a fairly accurate barometer of the overall condition and health of a society. An attack against Jews or any minority is an attack on everyone.

In the face of this persistent problem, we must join together, and state unequivocally that when it comes to incidents of hate and discrimination in Canada, we cannot abide hate and prejudice being targeted against any group. Jewish Canadians have always been at the forefront of standing up and fighting against hate and discrimination.

Consider Canada's first Jewish parliamentarian, Ezekiel Hart, who in 1832 was instrumental in Quebec becoming the first jurisdiction in the British Empire to accord full political rights to Jews, 26 years before Great Britain. This commitment to universal equality, and the fight against hate and discrimination remains a core priority for Jewish Canadians and for me personally, standing here today as a result of Ezekiel Hart's activism.

It being pride month, I want to recognize the efforts of Kulanu Toronto, the voice of the Jewish LGBTQ community in Toronto. I had the honour of attending its pride shabbat dinner last week, a celebration of the Jewish LGBTQ community. This pride month, we can also celebrate Bill C-16, yesterday receiving royal assent affirming and protecting gender identity and expression under the Canadian Human Rights Act, and under hate crime sections of the Criminal Code. I am proud of the active role the Jewish community played in advancing this important legislation. The Centre for Israel and Jewish Affairs served on the steering committee of Trans Equality Canada, a coalition that has worked tirelessly to see this initiative succeed.

The stories I have shared here today are Canadian stories. The values they reflect are Canadian values. The enactment of Canadian Jewish heritage month will ensure that the historic and ongoing contributions of Jewish Canadians are recognized, shared, and celebrated across this great country, cementing their legacy and inspiring future generations to build a better Canada. I encourage my hon. colleagues in the House to support this bill.

[The Speaker, Geoff Regan]

I have the honour to inform the House that when the House did attend His Excellency the Governor General in the Senate chamber, His Excellency was pleased to give, in Her Majesty's name, the royal assent to the following bills:

Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures—Chapter No. 9.

Bill C-18, An Act to amend the Rouge National Urban Park Act, the Parks Canada Agency Act and the Canada National Parks Act—Chapter No. 10.

Bill S-233, An Act to amend the Customs Act and the Immigration and Refugee Protection Act (presentation and reporting requirements)—Chapter No. 11.

Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act—Chapter No. 12.

Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code—Chapter No. 13.

Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act—Chapter No. 14.

Justice

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I am incredibly proud of the work our government is doing.

In Canada we embrace diversity and inclusion. We have to ensure that everybody has the freedom to be who they are. That is why I am incredibly proud that the Senate passed Bill C-16 last week. I look forward to it receiving royal assent and adding to the Canadian Human Rights Code a prohibition against gender identity and gender expression.

We are doing more. We are looking at historic records and the expungement of them for unjust laws. In this month of pride, I want to celebrate and applaud the—

Pride

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

Mr. Speaker, this afternoon, for only the second time in Canada's history, we will raise the Pride flag on Parliament Hill.

Raising the flag to wave proudly on Parliament Hill is an important symbol of our commitment to ensuring Canada is safe, inclusive, and welcoming. With the passage of Bill C-16 from this place and Canada's leadership as the co-chair of the Equal Rights Coalition, important steps are being taken to recognize this commitment.

With the reported persecution of the LGBTQ2 community in places such as Chechnya, celebrating Pride affirms our efforts to advance the rights of LGBTQ2 people around the world.

Across Canada, I invite all Canadians to join the Pride celebrations. I look forward to the Toronto Pride parade, Faith+Pride hosted by the MCC, the Trans March and the Dyke March, started by Lisa Hayes and Lesha Van Der Bij.

Pride is a time to celebrate, support, and remember.

Human Rights

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

Mr. Speaker, all individuals should be treated with respect and dignity, regardless of their sexual orientation, gender expression, or gender identity. From appointing the member for Edmonton Centre as the Prime Minister's Special Advisor on LGBTQ2 Issues to introducing Bill C-16, which is currently before the Senate, our government has consistently demonstrated our commitment to the promotion and protection of LGBTQ rights.

Could the Minister of Foreign Affairs update the House on the two developments announced yesterday that would advance the rights of LGBTQ people globally?

Pride Month

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, June is Pride Month in Toronto. Events will be taking place all month to raise awareness and show solidarity with the LGBTQ2 community, culminating with the Pride parade. I am proud that our Prime Minister was the first-ever sitting leader to march at Pride and is a party leader with the courage and conviction to voice unequivocal support for the LGBTQ2 community in Canada. I am also proud that our government has introduced Bill C-16, to make targeted acts against the trans community a hate crime, and Bill C-32, which makes the age of sexual consent equal for heterosexual and homosexual young couples.

I am most proud of the residents of my riding of Parkdale—High Park, who despite a climate of rising intolerance both internationally and here at home, remain steadfast champions in the fight against homophobia and transphobia, constituents who believe, as I do, in equality for all, regardless of how we identify or whom we love.

This month I urge all members to show their pride and their solidarity.

International Day Against Homophobia, Transphobia and Biphobia

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

Mr. Speaker, I rise today to mark the 13th annual International Day Against Homophobia, Transphobia and Biphobia. This day started in Montreal as an urgent call for an end to the discrimination, hatred and violence that still face the LGBTQ community. It has since grown as well to become a day of celebration of sexual and gender diversity.

Anti-LGBTQ violence is still all often a reality both at home and abroad. Recent events like the ongoing campaign of persecution against gay men in Chechnya and the epidemic of murders of transgender women in El Salvador, 17 so far this year, should be cause for action.

Unfortunately, this day also marks another anniversary, another year of the Senate failing to pass legislation guaranteeing transgender Canadians the same rights and protections the rest of us already enjoy. Once again, the current Senate hearings on Bill C-16 have had the ugly side effects of providing a public platform for transphobia.

Members of the Senate need to respect the will of the elected House, which first passed this legislation six years ago and twice since, and get the job done before they rise for the summer. Otherwise they risk killing this bill again.

Gender Equality Week Act

[Sven Spengemann, Liberal, Mississauga—Lakeshore, ON]

moved that Bill C-309, An Act to establish Gender Equality Week, be read the third time and passed.

Mr. Speaker, it is indeed a pleasure for me to rise today to once again speak in support of my private member's bill, Bill C-309, An Act to establish Gender Equality Week, as it is read a third time. I would like to thank my colleagues in this House for their interest in this bill, for their important contributions to the debate at second reading and at the Standing Committee on the Status of Women, and for their support. I would also like to thank once more the members of my incredible team for their tireless efforts and the stakeholders, community organizations, and Canadians from all walks of life who shared their views with us. In particular, I would like to thank the Strength in Stories team for the ideas and inspiration that helped bring us to where we are today.

Gender equality week would provide us with a critical opportunity to engage and address areas in which gender-based disparities persist. As my colleagues in this chamber are aware, my team and I elaborated on these disparities in the preamble of this bill.

Importantly, gender equality week is not an occasion to celebrate accomplishments, but, as reflected in the preambular paragraphs, it is an initiative that seeks to raise awareness of the most profound remaining challenges and it offers a platform to work collectively on concrete solutions.

The resounding vote of 287-1 in this House to send the bill to committee at second reading, in my view, revealed that acknowledgement of these challenges goes far beyond partisan affiliation. All of us bear individual and collective responsibility in a society that categorically and systematically treats and values genders differently.

In short, if we truly seek to address these challenges, the pivotal steps are to recognize them frankly and to ensure that they are understood. The federal government cannot solve these issues and problems by itself. Gender equality requires awareness and engagement on the part of all Canadians.

To be absolutely clear, I am very proud of what we are already doing to achieve gender equality and equity. I applaud the leadership of our Prime Minister and of the federal government, who are working to address systemic gender-based gaps that have permeated Canadian society since Confederation.

The Prime Minister formed Canada's first cabinet with female and male parity. He also appointed a woman to be the government House leader and a minister who would focus exclusively on gender issues. These were also firsts in Canadian history.

The Government of Canada also launched an inquiry into Canada's missing and murdered indigenous women.

What is more, the Minister of Status of Women is developing a federal strategy against gender-based violence. The government also announced the implementation of gender-based analysis, or GBA+, in all federal government departments to ensure that gender issues are taken into account in all government policies and legislation.

In early December 2016, the Governor of the Bank of Canada, the Minister of Finance, and the Minister of Status of Women announced that Nova Scotia businesswoman and civil rights activist Viola Desmond will be the very first Canadian woman to be featured on a Canadian banknote.

The Government of Canada introduced Bill C-16, which is currently before the Senate. It protects Canadians of minority gender identity and expression by adding gender identity and expression to the list of prohibited grounds of discrimination under the Canadian Human Rights Act.

I would also like to thank my colleague, the member for Edmonton-Centre, and the special adviser to the Prime Minister on LGBTQ2 issues for his tireless work as an advocate for Canadians of minority gender identity and expression.

As my colleagues know, in budget 2017, the federal government has committed to allocating $3.6 million over three years, starting this year, to establish a LGBTQ2 Secretariat within the Privy Council Office.

I believe that this initiative is important to the development and implementation of government-led initiatives for the LGBTQ2 community, and I hope that gender equality week can contribute to these efforts.

On the international stage, Canada has seized the opportunity to serve on the United Nations Commission on the Status of Women, and is a strong supporter of the UN HeForShe campaign.

As a Canadian delegate at the 61st session of the UN Commission on the Status of Women, which was held in New York last March, and together with the representatives of such countries as Pakistan, Burkina Faso, and Cameroon, I committed to making the kind of efforts that Canada and parliamentarians have made to promote gender equality.

I was pleased to hear positive feedback on BillC-309 from representatives and other delegates. In Canada and abroad, there is definitely a will to eliminate the gender gap. I have no doubt that if we continue to work together to eliminate gender disparities in our respective societies, we can find constructive, long-term solutions.

Once again, I wish to acknowledge the leadership of our Prime Minister and the Government of Canada in promoting the equality of men and women.

Important as these and other actions are, more work remains ahead of us than behind us. To close the remaining gaps, the government will need the advocacy, support, and commitment of Canadians.

Bill C-309 recognizes this need and it issues a call to action to all Canadians to become involved: men, women, Canadians of minority gender identity and expression, children, students, educators, civil servants of all levels of government, young and established professionals, new Canadians, our indigenous peoples, Canadians in law enforcement and our armed forces, and seniors.

Involvement in gender equality week could take a wide range of forms, and some of these forms include town hall discussions, university and college colloquia, music, plays, literature, film projects, workplace round tables, formulation and presentation of academic research, public rallies, fundraisers, social media, radio and television events, and campaigns.

Our consultations with various groups, organizations, and levels of government helped us draft a substantive preamble that gives Canadians a clear idea of the challenges we face. Gender-based violence and the gender wage gap are particularly critical obstacles that we, as Canadians, must tackle and eliminate. Active engagement will lead to real progress on both those fronts.

Now that I have had the privilege of hearing different perspectives and working with colleagues from all parties in this chamber on Bill C-309 for the past several months, I look forward to engaging with our counterparts in the Senate in the months ahead.

I encourage fellow members to once again support this bill, as the time to act is now. Canadians want us, as parliamentarians, to address the most critical issues facing our country. Through gender equality week, we would build a platform through which we can generate momentum to resolve a major multi-faceted issue that faces our country today, gender inequality.

This House has the opportunity to send a powerful message to Canadians that their elected representatives in concert seek to engage and work with civil society to address gender-based disparities.

I look forward to continuing to work toward establishing a national annual gender equality week, and I look forward to working on this project with colleagues from this House and the Senate.

Criminal Code

[Marco Mendicino, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, it is a privilege to rise to speak to Bill C-305, an act to amend the Criminal Code (mischief) as reported back to the House of Commons with amendments.

I want to begin by commending the sponsor of the bill, my colleague, the hon. member for Nepean. I also want to take a moment to thank the members of the Standing Committee on Justice and Human Rights for their dedicated work. I also want to commend the hon. member for Esquimalt—Saanich—Sooke for all of his passionate advocacy over the years for the LGBTQQ community, and in particular for the transgender community, without which I do not believe we would be at this historical moment.

Allow me first to set the bill in the context of recent past events. As has been mentioned recently in the House, in January of this year, six people were murdered in a Quebec City mosque, an event that shocked and appalled the nation. In Ottawa there has been a troubling spike in the incidents of hate graffiti on synagogues over the past several months. Such incidents should cause us as legislators to consider how we wish to confront and prevent the commission of hate crimes in our society.

Bill C-305 is an important response to strengthen the ability of the criminal law to adequately denounce and deter hate crimes. It proposes to expand the scope of the current hate-motivated mischief offence now found in subsection 430(4.1) of the Criminal Code. That provision, entitled “Mischief relating to religious property”, currently prohibits mischief committed against buildings or structures primarily used for a religious purpose, such as a church, mosque, synagogue, or cemetery. The offence must be committed out of hatred, prejudice, or bias based on religion, race, colour, or national or ethnic origin.

The current provision carries a maximum punishment of 10 years of imprisonment when prosecuted by indictment and a maximum penalty of 18 months in jail when prosecuted by way of a summary conviction.

The Criminal Code presently has a sentencing provision to address hate crimes. Subparagraph 718.2(a)(i) of the code requires a judge to take into consideration as an aggravating factor for any crime whether the crime was motivated by bias, prejudice, or hatred. This is based on a non-exhaustive list of criteria, including religion, race, colour, national or ethnic origin, mental or physical disability, sex, sexual orientation, or any other similar factor.

Some may argue that given these existing provisions, there is no need to expand the offence of hate-motivated mischief any further, since what is not caught by current subsection 430(4.1) would be addressed at the sentencing stage when the judge must take into consideration whether the offence was motivated by hatred. However, I believe this is an overly narrow interpretation of the law as it stands, and we have an opportunity as legislators to address this.

I acknowledge that judges may rely on the existing sentencing provisions to account for hateful motivation, but I believe that by expanding the actual offence of hate-motivated mischief, we have an opportunity to send a strong message of condemnation to those who would commit such crimes.

Denunciation of this type of offence is not merely symbolic. Hate-motivated mischief carries a heavier maximum penalty on summary conviction than the general offence. In addition, by showing leadership on this troubling issue, we stand to raise public awareness in a real and impactful way.

As a result, while some may perceive a redundancy, others will recognize the benefit of providing a broader range of tools to our police, prosecutors, and other criminal justice professionals and, I would add, justice for victims of this particular type of crime.

I will now address the specific changes proposed in Bill C-305 as well as the amendments passed by the Standing Committee on Justice and Human Rights.

As I noted earlier, the existing offence under subsection 430(4.1) of the code applies only to mischief committed against religious property. While this is one category of property that deserves special recognition, I believe that a broader diversity of Canadians stand to benefit from an expanded application of this section.

Bill C-305 addresses this issue head-on by amending the current hate-motivated mischief offence in two ways. First, the bill proposes to include new buildings or parts of buildings primarily used as educational institutions, including a school, day care centre, or college or university; used for administrative, social, cultural, or sports events or activities, including a town hall, community centre, playground, or arena; or used as a seniors residence.

Upon passage of this bill, therefore, vandalism committed against a Jewish or Muslim community centre would be caught by the expanded hate crime mischief offence and not just vandalism committed against a synagogue or a mosque.

I should note that a major concern for our government was expressed during the debate at second reading. The concern was that the definition of property that it proposed to add to the current offence was overly broad. The list of new properties caught by the bill appeared to be much broader than we believe was intended. For instance, the bill would have likely covered privately owned sports stadiums, as well as any buildings used for social purposes. In other words, it would have covered buildings that have no real connection to groups that are historically targeted by hate-based mischief. As a result, the government felt this aspect of the bill reached too far.

I am pleased to say that this issue was addressed by the standing committee during its study of the bill. Specifically, amendments passed by the committee require a building or space to be “primarily used” by one of the groups protected by the bill. This helps maintain a rational connection between the hateful motivation and the building that is subject to the mischief.

The amendment will help to ensure that subsection 430(4.1) does not accidentally capture instances of mischief committed against property that is not actually connected with one of the protected groups.

The bill proposes to expand the list of “identifiable groups” that are covered by the mischief provision of the Criminal Code to make it more consistent with the groups set out in the section on hate propaganda offences.

The definition of “identifiable groups” for hate propaganda offences covers not only groups that are identifiable by colour, race, religion, and national or ethnic origin—the motivations currently set out for hate-based mischief—but also those identifiable by age, sex, sexual orientation, and mental or physical disability.

Bill C-305 seeks to eliminate that inconsistency by establishing a list of motivations for hate-based mischief that is similar to that set out in the definition of “identifiable groups” under the hate propaganda section of the Criminal Code. In other words, the motivations of age, sex, sexual orientation, and mental and physical disability would be added as motivations for hate-based mischief as soon as the bill is passed.

It is important to note that Bill C-305 proposes adding another item to the list of motivations for hate-based mischief that depends on the passage of Bill C-16 by both the House and the other place.

My colleagues may recall that Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, an act to amend the Canadian Human Rights Act and the Criminal Code, proposes adding gender identity and gender expression to the definition of “identifiable groups” for hate propaganda offences.

My colleagues will also recall that, although Bill C-305, as introduced at first reading, proposed adding gender identity to the list of motivations for hate-based mischief, gender identity was not addressed in the bill. The sponsor of the bill recognized that this was an oversight. The amendments proposed by the standing committee corrected that omission.

As a result, once Bill C-16 comes into force, an act of mischief committed against property primarily used by a group identifiable on the basis of its gender identity where the mischief was motivated by hatred based on gender identity would be caught by this expanded offence.

To summarize, Bill C-305 would expand the current hate crime of mischief to clearly denounce additional types of mischief motivated by hatred against certain historically marginalized groups. It would therefore provide additional tools to our criminal justice system to protect Canadians from hate-motivated crime.

I would once again like to thank the sponsor for his outstanding advocacy on this issue, as well as the standing committee for its excellent work on Bill C-305. I sincerely hope that the hon. members of this House continue to support Bill C-305 in order to more fully protect the diversity of communities in our Canadian society.

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

Mr. Speaker, I am pleased to rise once again to speak in favour of Bill C-305. I would like to echo that thanks to the member for Nepean for bringing this forward.

In the current climate in North America and around the world, where there has been a promotion of hatred against all kinds of groups, a promotion of hatred that has often led to violence, this is a very important expansion of protections in Canada. I do not normally support amending the Criminal Code piece by piece, but the urgency of the situation we are in right now means that we should do this as quickly as we can, so I am very pleased to see this moving forward.

As people know, there are only two very basic things here. The bill says that places that are included in the law against hate-motivated damage should be expanded to include things we would all agree on. Very few Canadians would say we should not protect day cares, schools, and universities. Why would we not protect all those groups that are listed as protected groups under the hate crimes legislation? I think, in many ways, it was an oversight, over time, that this mischief provision was not updated as other laws changed.

Of particular concern to me, as an advocate for the inclusion of transgender rights, is that the original version of the bill actually was not consistent with Bill C-16, so I am very pleased to see that it has come back with a coordinating amendment. I am confident that Bill C-16 will pass through the Senate, even though it has taken an inordinate amount of time for that to happen. The legislation to add gender identity and gender expression to the human rights code and the hate crimes section of the Criminal Code first passed this House in 2011. Here we are, six years later, still waiting for the Senate to add those important protections. Therefore, I am very pleased to see that the bill has that coordinating amendment.

When the bill finally moves in the Senate, and my understanding is that hearings are going to commence tomorrow at the Senate committee, we will look forward to this coming back, I hope, before the House rises and therefore in time for what is known colloquially as the Pride season. It will give some additional thing to celebrate at that time.

I hope this bill will also be expedited in the Senate, if we can get it there, and that it will deal with this one quickly as well.

There are some people, mostly younger than me, who would be surprised to know that the original version of the Charter of Rights and Freedoms did not include protection for sexual orientation, let alone gender identity and gender expression. As I have said before, I was not a supporter of the charter at that time, because there was a debate about the inclusion of my own rights in that charter. A decision was made by Parliament at that time, unfortunately, to exclude sexual orientation. At that time, there was not even a debate about gender identity and gender expression. We have come a long way, and I am here today to salute that progress and to salute the committee for making sure that this progress is reflected in this bill.

It is an unfortunate fact in Canada that hate crimes that result in violence are most often directed at first nations people and transgender people. These are the two groups with the very highest rates of hate-motivated violence, so the bill would be of assistance in helping protect the community places where we would expect to find first nations people and transgender people in a safe place. It would help enhance that safety, which is so important.

I wish it were not true, but I know from the Victoria Native Friendship Centre, which is in my riding, that hate crimes, hate-motivated violence, and even hate graffiti often appear at their community centre. That is a great surprise to me. I do not think of my riding as one where hatred is that strong and where people are that disrespectful of other members of the community, especially the Native Friendship Centre, which is a centre where people who are trying to better their lives go. It focuses on adult education and employment programs. It is a very positive place in all those ways, so it is particularly upsetting when I see those attacks on a place like that.

While we originally started with churches that often do that positive work in our community, it is very appropriate that we expand it to these other places that often make such a positive contribution in all of our communities.

I thought a bit about what I was going to say tonight, and I was not going to go to the obvious place when we talk about the promotion of hatred, which is south of the border. I have to say, however, that in this connection there is an unfortunate spillover into this country. People talk to me about their fears and concerns. They talk to me about things which are not problems in the community which I represent. There are things that they see and hear coming from the United States, and this often has motivated people to be fearful, for instance, currently of refugees.

I had the privilege of meeting earlier today with a coalition of groups that support gay and lesbian transgender refugees from around the world. We talked about the group that has crossed irregularly into Canada. Anecdotal evidence tells us that around 40% of those who have crossed irregularly between the borders are from the LGBT community. Why are they doing that? The Conservative Party has taken a strong stance against the illegality of those crossings, but I argue strongly, as many others do, that under international law those are not illegal crossings. These people are fleeing violence and hatred in the United States. Talking to them about their experiences, especially those who are people of colour, they tell us they have become fearful of living there, and they see Canada as a place where they can find safe refuge.

This legislation illustrates the best of what is Canadian, and why people are attracted to come to this country. They want to find a safe haven. They want to be able to integrate into Canadian society, and make a contribution which will allow them to support themselves and their families. I was pleased to sit down at this meeting today and talk about those kinds of successes.

The Liberals quite rightly raised the goal of having 25,000 Syrians come to this country. In my riding, what was most impressive was how people with no particular connection to Syria stepped forward. They were not Muslims necessarily, and they were not from the Middle East. They did not have any particular reason to step forward, but as Canadians they felt that they should do their part. Many were from families that had immigrated to Canada, some of them from refugee families in previous generations, Hungarians and other people who had fled their homeland. It was so encouraging to see those people step forward and sponsor refugees. When the deadline elapsed saying they were no longer sponsors, there were no examples in my community where those ties that had been built under that refugee sponsorship program were broken.

There is some disappointment among those sponsors and with those in the community who see refugees as threats, and as bringing terrorism into the country. These refugees are fleeing terrorism and extremism, and they have come to Canada because, as the bill says, we are a tolerant country. Canada is a country which will not tolerate hatred and violence focused on religious, racial, sexual orientation, or gender identity grounds.

This is one of those cases where Canada has made progress, but we are not done. We have more to do. If the impact of this legislation is to expand those safe spaces for doing that positive work in our communities, then it has done a great thing. Without the member for Nepean bringing this legislation forward, we would have missed an opportunity to build a better and more inclusive Canada.

I look forward to this legislation making its way to a final vote here in the House and going to the Senate. I was asked, in relation to Bill C-16, to explain to a reporter how things get through the Senate. I said that, unfortunately, I cannot do that, and I am not sure there is anyone who can do that right now because there is a bit of chaos in the Senate over rules and how things proceed.

However, I am going to launch that plea again tonight, that when this legislation gets to the Senate that it be treated in a fashion that expedites its passage, so that we can have this in place as soon as possible, and give yet another symbol of what an inclusive country this is, and how we will stand up for people's rights and make them safe everywhere in our communities.

Preclearance Act, 2016

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, it is a pleasure for me to rise today to speak to Bill C-23 and to argue in support of the reasoned amendment by my colleague, the member for Beloeil—Chambly. His amendment instructs the House to decline to give second reading to the bill because of several important reasons, which I will be happy to explore later in my speech.

I also want to note that it is very unfortunate we are conducting this debate today under a time allocation passed by the Liberal government earlier today.

The tone of this debate on the legislation has heated up considerably over the past few days during which it has been debated. In particular, there have been some misleading and grossly exaggerated statements from Liberal members of Parliament. There has been a general mischaracterization of the NDP's concerns, combined with over-the-top and fiercely partisan attacks, which have at times sunk this debate to a new low.

I hope to raise the tone of this debate with reasoned arguments against letting Bill C-23 pass at second reading.

Let me make one point perfectly clear. The New Democrats are in favour of measures that will facilitate fluid movement across the U.S. border, but not at the expense of human rights, respect for privacy of Canadians, and Canada's sovereignty.

I support pre-clearance as it currently operates. In fact, I have used the service several times in my life at the Vancouver International Airport when travelling to the United States, and it certainly works well as it currently exists.

I understand that pre-clearance is an important part of the Canada-U.S. relationship and to the free flow of trade and travellers between our two countries, but the provisions contained in Bill C-23 are too problematic for me to give my support.

Bill C-23 neglects to take into account the climate of uncertainty at the border following the discriminatory policies and executive orders of the Trump administration. Canada and the United States signed the agreement on land, rail, marine, and air transport preclearance on March 16, 2015, under the previous Harper government.

Bill C-23 was introduced by the Minister of Public Safety and Emergency Preparedness on June 17, 2016. There was little fanfare at the time, as Parliament was more consumed by Bill C-14's progress through the Senate, and we were certainly all looking forward to the upcoming visit of then President Obama and his address to the House of Commons, which I think we can all agree was a tremendous speech.

The times have changed dramatically since that time, and they provide an even starker contrast to the reasons why this bill is so problematic. The Liberals are moving ahead with the agreement signed under Obama's presidency as if everything was simply business as usual. However, we must take into account the change in U.S. leadership.

The legislation was problematic before the inauguration of President Trump, but recent discriminatory orders and invasions of privacy now leave no doubt about the potential dangers and abuses that will result from the agreement. This is a president who excels at making statements with no empirical evidence to back them up. The most recent example is his shocking allegation that former President Obama ordered wiretaps on his phone during the election.

This man has little understanding of what a warrant is, of the checks and balances of the United States system, the constitution, and he has undermined the judiciary of the United States on repeated occurrences.

The U.S. customs and border protection agency is the largest federal law enforcement agency of the United States Department of Homeland Security. It is an extremely powerful arm of the executive branch of government, but it is now headed by someone who I do not think is fit for that office.

Agencies take their cue from the people at the top. This is a fact. Bill C-23 is proposing to give more power to foreign agents that are led by an administration that routinely uses fear, lies, and personal attacks on its political opponents to advance its agenda. I cannot, in good conscience, support such a bill.

The third point I wish to address are the increased powers that Bill C-23 would provide for U.S. officers on Canadian soil, provisions regarding carrying of firearms, the power to conduct strip searches, detention, and interrogation.

In particular, I feel strongly that it is unacceptable to see officers of a foreign country who are in a position of authority bear and ultimately use firearms in the performance of their duties on Canadian soil. As is provided for in the summary of the bill, part 3 of the enactment makes related amendments to the Criminal Code to provide the United States pre-clearance officers with an exemption from criminal liability under the Criminal Code and the Firearms Act with respect to carriage of firearms and other regulated items. Bill C-23 would violate our precious Canadian sovereignty by increasing the powers of American pre-clearance officers on Canadian soil with respect to carrying firearms and by not properly defining a criminal liability framework.

There are those within the Liberal and Conservative ranks who dismiss this concern or see it as simply irrelevant. In fact, repeated speakers from the Liberal Party have used rather poor reasoning, in that U.S. agents would only be granted firearms if their Canadian counterparts were similarly armed in the same area. This sidesteps the issue and avoids the question as to why this measure is necessary.

I fully realize that with the combined Liberal and Conservative support for the bill, it is most definitely going to pass second reading. The troubling thing for me is that not one Liberal or Conservative MP has bothered to raise any concerns about this erosion of Canadian sovereignty.

The Liberals like to call themselves the party of the charter, but not one of them has addressed Canadians' concerns about being interrogated, detained, or turned back at the border based on race, religion, travel history, or birth place, as a result of policies that may contravene the Canadian Charter of Rights and Freedoms. The Liberals have also failed to speak up about the lack of provisions protecting the rights and freedoms of transgendered persons during strip searches, in spite of the government's support for Bill C-16.

The Conservatives like to wrap themselves in the flag, and they talk a good game when it comes to protecting our border and our sovereignty, but not one of them has stood to address the fact that we would be giving more powers to agents of a foreign government on Canadian soil.

The final point I want to make is that Canada Border Services agents and the RCMP are filled with great men and women, who do their job in a most capable way every day. They are required to take the oath of allegiance before they can assume their duties as uniformed officers. Allegiance is given to the crown and other institutions that the sovereign represents within the federal and provincial spheres, including the state, its constitution, and traditions. On the other hand, U.S. customs and border patrol agents give their oath of allegiance to the United States Constitution and promise to faithfully discharge their duties in the office that they are about to enter, which is fully an institution of the United States government. This is the crux of the problem. United States officials operating on Canadian soil owe their allegiance to a foreign government, and yet we are prepared to give them powerful new measures, such as carrying firearms on our sovereign soil.

I think that borders matter and that they certainly need to be treated with respect. Also, sovereignty matters and precedents matter. Therefore, I think this is a slippery slope. If we pass Bill C-23, if we allow agents of a foreign government to operate on our soil in this matter, what more demands will be presented at a future instance from the United States government?

All I ask hon. members to do is pause and think about the wishes of their constituents. Did their constituents send them to this place to pass legislation to give agents of a foreign government the power to carry firearms on Canadian soil? This is a real sticking point for me, and I know from the correspondence that I and many of my colleagues have received that this is a major concern. We will certainly be raising it at every opportunity that we can.

Human Rights

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, again, I would like to thank the hon. member across the way for his tireless efforts in terms of getting us to this place where I was proud, based on his work and the work of many before him, to introduce Bill C-16. I am following this piece of legislation. I think it is incumbent upon all parliamentarians to do what they can to ensure its expedited passage so we can ensure that individuals, all Canadians in this country, are free to be themselves. It is imperative that we move this bill forward.

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

Mr. Speaker, almost a year ago, I stood with the government and celebrated the introduction of Bill C-16, which would extend the same rights and protections enjoyed by other Canadians to those in the trans community. Now this government bill stands stalled in the Senate. It has been over six years since this legislation was first passed in this House, but still transgender Canadians are told to wait even longer, to go on waiting for their rights.

What are the Liberals doing to get Bill C-16 passed into law? Has the minister communicated the urgency of this bill to senators, or will they let trans rights die in the Senate for a third time?

Criminal Code

[Bill Blair, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I am also pleased to join in the second reading debate of Bill C-305, an act to amend the Criminal Code concerning mischief, which was introduced in the House on September 27 by the member for Nepean.

I would like to begin by thanking the member for Nepean for bringing this important issue before the chamber to give this Parliament an opportunity to speak to it.

I also want to thank and commend the member for Victoria and the member for Mégantic—L'Érable for their remarks, which were very timely and appropriate as well.

We have been tragically reminded of the impact that hate in all of its manifestations can have on our society. The horrific attack on the Centre Culturel Islamique de Québec on Sunday night, the hate-inspired acts of terror which occurred that evening taking six of our fellow citizens' lives, injuring so many, and tragically traumatizing a community and a nation must deepen our resolve to confront and prevent hate in all of its manifestations.

In my experience, the issue of hate does not immediately manifest itself in acts of terror and murder, but far more often is expressed in acts of mischief. Our failure as a society to confront and deal appropriately with these acts, to denounce them in our strongest forms, and to resolve them through appropriate serious consequence can have the effect of encouraging them through complacency. We are reminded of the importance of dealing with this issue.

As parliamentarians I believe we could all agree that hate crimes in all of their forms cannot be tolerated in our country. They are a fundamental attack on our values and our principles and on each and every one of our citizens. A crime of hate against any Canadian citizen is a crime of hate against all Canadian citizens.

Our charter of rights and freedoms guarantees that everyone in Canada has a right to equal protection and equal benefit of the law without discrimination and our government is committed to protecting that right. The amendments proposed by this bill would strengthen the message that hate crime will not be tolerated in Canada.

I would now like to turn briefly to where the current law stands in Canada. Currently, there is a specific hate crime of mischief committed against property primarily used for religious worship which is found in subsection 430(4.1) of the Criminal Code, mischief relating to religious property. It is a hate crime because the offence is only committed when such mischief is committed out of bias, prejudice, or hate based on religion, race, colour, national or ethnic origin. The maximum punishment for this offence is 10 years' imprisonment. Subsection 430(4.1) of the Criminal Code was enacted as part of the Anti-terrorism Act of 2001, which was also known at that time as Bill C-36.

Today, hate crime is restricted to property that is primarily used for religious worship, such as churches, mosques, and synagogues, and also includes cemeteries. However, during the committee hearings on Bill C-36, some witnesses, while approving of the creation of a specific hate crime of mischief, argued that the crime should be broader in scope, and if I may, I will cite some examples.

David Matas, lead counsel for B'nai Brith Canada, in his testimony at that time, argued that sex should be added to the list of hate motivations and also that the crime should be expanded to cover schools, organizational buildings, and cemeteries.

As well, on November 6, 2001, before the same committee, Mr. Ed Morgan, who was at that time chair of the Ontario region of the Canadian Jewish Congress, testified that all religious property should be protected by the hate crime mischief offence. He said:

Not just sanctuaries, not just synagogues or churches, but all religious structures, religious centres, religious schools, religious community centres, cemeteries—which are a particular target for hate crimes and desecration—ought to be covered as well.

He also argued at that time, and again I quote from his testimony:

...the grounds of group identification ought to be expanded to include, for example, hate crimes against groups identified by sexual orientation or gender. Gay-bashing is a hate crime, as would be an attack on a women's centre, every bit as much as on a religious community centre.

As a result, subsection 430(4.1) was amended by the House of Commons committee to add cemeteries to the list of properties primarily used for religious worship, but not the other kinds of properties that had been cited in the testimony, such as schools or community centres.

As well, a proposed amendment to add sex as a ground of hate motivation was rejected at that time, because it was seen as not relating logically back to the purpose of the hate crime mischief offence, which was to protect places of religious worship, unlike other hate motivations of race, colour, religion, or ethnic or national origin.

Bill C-305 proposes to add to this mischief offence additional kinds of property. These are buildings or structures used for educational purposes, for administrative, social, cultural, or sports activities or events, or as residences for seniors. As well, the list of hate-motivating criteria would be expanded by adding two new ones: sexual orientation and gender identity.

I wholeheartedly support the principles behind the bill that our criminal law should clearly denounce all hate-motivated mischief. However, it does bring forward some questions about the potentially broad scope of the proposed crimes in this section, which were previously discussed during the first hour of second reading by my colleague and the member for Charlottetown.

The private member's bill in its current form could potentially capture numerous unintended buildings and spaces such as sports arenas or coffee shops. These buildings or structures are currently protected by the general offence of mischief. Additionally, in order to ensure consistency with the existing hate speech provisions in the Criminal Code as well as those amendments proposed under Bill C-16, gender identity, which is currently before the Senate, we need to look more closely at this proposed legislation.

Therefore, the government will support Bill C-305 with a view to amendments to address the potential overbreadth and consistency with other provisions of the Criminal Code. We believe that Bill C-305 should receive second reading and be sent to committee for further study.

I would like to take this opportunity to once again thank the member for Nepean for his commitment in bringing this matter forward. It is a timely piece of legislation. It is work that demands our closest attention.

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I am pleased to rise in strong support of Bill C-305, an act to amend the Criminal Code regarding mischief. I want to thank the member for Nepean for bringing this bill forward.

Bill C-305 would make small but significant changes to the way we handle hate-motivated crimes against communal spaces. There are many things we can do to stand up to discrimination and make our communities safer for all of us. This bill is one good step in that direction, so I hope we can all work together to see it debated, improved, and passed into law.

Canada is thought of, at home and abroad, as an inclusive nation, a place that welcomes all people, regardless of culture, language, or religion, with equality and respect. It is a country where diversity is not just accepted but celebrated. We strive to make Canada a nation free from racial intolerance and xenophobia, but recent events remind us that we still have more work to do.

Here in Ottawa, right here in the nation's capital, we have seen mosques, synagogues, and a Jewish community centre vandalized. We have seen discrimination in communities right across Canada, and in Quebec City this weekend, we saw where hatred can lead.

In Canada, racial and ethnic discrimination motivates about half of all police-reported hate crimes. Another quarter of these crimes are driven by prejudice towards religion, and that number, sadly, is rising. In just the last three years, hate crimes against Muslim Canadians have more than doubled. These statistics should not cause us to despair. They should call us to action.

Bill C-305 would expand the protection we give to communal spaces against vandalism driven by hate and discrimination. As it stands, the crime of mischief in our Criminal Code is punishable by up to two years' imprisonment, but where that mischief is motivated by “bias, prejudice or hate based on religion, race, colour or national or ethnic origin”, it becomes punishable by up to 10 years behind bars. This is only the case, however, when the crime is committed against religious property. It does not apply to other community spaces.

Bill C-305 would extend these legal protections to more communal places, including daycare centres, seniors' homes, schools, town halls, and sports arenas, granting them the same protected status as places of religion.

Let us be clear. This is not just some arcane criminal law question. It is about our values. It is about supporting Canadians' right to live without fear of discrimination and to enjoy spaces free from hateful vandalism. It is about making it clear that hate-fuelled vandalism is a hate crime, regardless of where it is committed.

A second benefit of Bill C-305 is that it would expand the list of discriminatory motives for hate crimes to include “gender identity” and “sexual orientation”.

Ten years ago, New Democrats pioneered legislation calling for the inclusion of gender identity as a prohibited basis for discrimination under federal human rights law. I want to acknowledge the incredible hard work and dedication of my colleague for Esquimalt—Saanich—Sooke, who advanced the cause this far. I want to thank all members from all parties who have joined that cause along the way. Because of the efforts and advocacy of thousands of Canadians, that cause succeeded in passing Bill C-16 recently, which is a milestone in Canada's commitment to inclusion and protection for all.

However, as it stands, the wording of Bill C-305 before us today is inconsistent with Bill C-16 in that it includes gender identity but does not include gender expression. Therefore, for the sake of clarity and consistency, I would propose that both be included and protected by this bill.

We know that one in six hate crimes in Canada is motivated by discrimination toward sexual orientation, gender identity, or gender expression. These are not the most common hate crimes, but they are the most likely to be violent.

I believe an amendment at committee to mirror the language used in Bill C-16 and change “gender identity” to “gender identity or expression” would strengthen the bill and affirm our policy of zero tolerance for transphobic discrimination.

These and other amendments can be considered at committee. However, I want to thank, again, the member for Ottawa West—Nepean for opening the door for much-needed conversation on hate crimes in Canada.

Better laws can counteract these offences. However, changing laws is obviously not enough. We need to teach empathy in our schools, tolerance in our workplaces, and openness and inclusivity in our community centres and spaces. We have a responsibility, now more than ever, to stand up to discrimination. The roots of prejudice are in lack of understanding, and that is within our power to change.

We know that Canada is not immune to the disturbing trends we see south of the border and across Europe. We have seen how playing with the fire of fear and division can spark violence. However, we have also seen acts of great strength. We have seen citizens speaking up for their friends, for their colleagues, or for complete strangers, refusing to let differences divide them. Now is the time when we must look to that strength and reaffirm our commitment to building a safe, resilient, and welcoming Canada for all.

We know what happens when we fail to stand up to those who seek to divide us.

This week, six Canadians were murdered in a mosque, targeted because of their faith. That act of violence shook our country and triggered an outpouring of support for our Muslim friends and neighbours, as Canadians gathered in vigils across the country to remember the victims. However, we cannot ignore that the hatred that led to a gunman in a mosque in Sainte-Foy, Quebec, is not so different from what drives a teenager to spray a swastika on a door in Ottawa or a commuter to hurl racial slurs on a streetcar in Toronto.

It is critical, now more than ever, that we condemn, not only these acts, but also the divisive rhetoric that inspires them.

At a time when so many are fearful, we can lead by example. We can do more to protect the diversity we are so quick to call our greatest strength.

Every individual in Canada has the right to live without fear of persecution. This bill would be one more step to ensuring that right is protected. I urge every parliamentarian to commit to that cause and support the bill.

Gender Equality Week Act

[Sven Spengemann, Liberal, Mississauga—Lakeshore, ON]

Mr. Speaker, welcome back to you and all of my colleagues. It is indeed an honour to speak on the first parliamentary day of 2017, the year of our 150th anniversary.

To start off, I would like to thank my colleagues in the House for their interest in Bill C-309, an act to establish gender equality week, for their important contributions to the debate at second reading, and for their support. I would also like to thank the members of my incredible team for their tireless efforts, and the stakeholders, community organizations, and Canadians from all walks of life who shared their views with us. In particular, I want to thank Rachelle Bergen and the Strength in Stories team for their ideas that helped bring us to where we are today.

This effort is about building a more inclusive society. We think about gender equality week as an opportunity to rally all Canadians around a very important issue and to generate additional momentum for social change. It is not an occasion to celebrate accomplishments, but as reflected in the paragraphs in the preamble, gender equality week seeks to raise awareness of the most profound remaining challenges and offers a platform to work collaboratively on concrete solutions.

To be absolutely clear, I am very proud of what we as Canadians are already doing to achieve gender equality and equity. In November 2015, our Prime Minister formed Canada's first cabinet with female and male parity. Our government has launched an inquiry into Canada's missing and murdered aboriginal and indigenous women, and the Minister of Status of Women is developing a federal strategy against gender-based violence.

The Government of Canada introduced Bill C-16, which protects Canadians of minority gender identity and expression by adding gender identity and expression to the list of prohibited grounds of discrimination under the Canadian Human Rights Act.

In early December 2016, the Governor of the Bank of Canada, the Minister of Finance, and the Minister of Status of Women announced that Nova Scotia businesswoman and civil rights activist Viola Desmond will be the very first Canadian woman to be featured on a Canadian banknote. However, important as these and other actions are, there is more work ahead of us than there is behind us, and to close the remaining gaps, the government will need the advocacy, support, and commitment of Canadians.

Bill C-309 recognizes that need and issues a call to action to all Canadians to become involved: men, women, Canadians of minority gender identity and expression, children, students, educators, civil servants at all levels of government, young and established professionals, new Canadians, indigenous peoples, Canadians in law enforcement and our armed forces, and seniors. Involvement in gender equality week could take a wide range of forms, including town hall discussions, university and college colloquia, music, plays, literature, film projects, workplace round tables, the formulation and presentation of academic research, public rallies, fundraisers, and social media, radio, and television events and campaigns.

Our consultations with various groups, organizations, and different levels of government helped us develop a substantive preamble that gives Canadians a fuller perspective of the challenges that lie ahead. The challenges posed by gender-based violence and the gender wage gap were identified as particularly critical hurdles that we, as Canadians, must address and overcome. Through active engagement, Canadians can achieve real progress on these fronts.

I look forward to working on Bill C-309 with my colleagues on both sides of the aisle of the House in the days, weeks, and months ahead. I encourage my fellow members to support the bill, as the time to act is now. It is only through concerted, sustained action that real and lasting social change can become a reality.

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Mr. Speaker, it is a pleasure to be back in the House today and to speak in favour of the important legislation of Bill C-309, which would establish a gender equality week in Canada. This would provide a week to reflect on the importance of gender equality and the ongoing need to advance the cause of equality in Canada.

I am proud that our government will support the passage of Bill C-309, with amendments that will be brought at committee. I would like to thank my friend the hon. member for Mississauga—Lakeshore for bringing this important legislation forward.

This is an opportunity to remind ourselves of the work that still needs to be done to ensure greater gender equality.

We know that too many women are still facing systemic inequalities in the workplace. We need more women in politics, and we know that we need more women in the judiciary and more women in STEM professions.

We need to seriously address issues of sexual harassment in the workplace, and we have seen shocking examples recently of the harassment that women in public office face. It includes women in this chamber and women who have risen to become premiers of several provinces across this country, including mine. This is unacceptable, and we know that awareness and education are the most important tools in beginning to correct these issues. A gender equality week is a tool for spreading that awareness and bringing change in our country.

It is important to remember, as well, the importance of gender equality for our transgender community. As special adviser to the Prime Minister on LGBTQ2 issues, I can state unequivocally there is much work that needs to be done in this area.

Our government has been clear that equality of transgender Canadians is a priority for us because it is a priority for Canadians. Just this last week, I had the opportunity to hold round table conversations in five cities in our country; it is critical for our government to make sure that both houses pass Bill C-16, which would extend rights to transgendered persons. However, there is so much more to do, and I look forward to working with members of this House and continuing to listen to the trans and non-binary community about further steps that need to be taken. However, we do know that there is a serious need for greater awareness and education surrounding the challenges this community faces. Bill C-309 gives us that opportunity.

There are those who argue that the bill is not necessary. There are some who dismiss Bill C-309 as merely a symbolic gesture on which we should not spend any time. After all, they argue, symbols do not matter. I disagree. Symbols do matter. Symbols send powerful messages, particularly when we are discussing equality and human rights. They rally people to press forward, and they give hope and inspiration to those fighting for a better world.

We should take a look at the symbol of Angela Merkel, female Chancellor of Germany. How many girls have been inspired to rise to the top of their professions, due not only to her amazing work but to the symbol that she provides to the world?

We must not dismiss the importance and impact of symbols. It would be a mistake to pit symbol against substance rather than recognize that they are intertwined. Symbols give rise to substantive change, and substantive change leads to more symbols.

Symbols are influential; they are forces of change. Symbols provide the hope and resolve that mobilize crowds and drive people forward. Symbols unite us in pursuit of a better world.

When we set out to establish a gender equality week, when we speak up for inclusion and respect, when we march for LGBTQ2 pride, when we honour the differences, identities, and genders of every individual, we are actively and symbolically recommitting to supporting rights and equality for all.

When we discuss our gender-balanced cabinet, we know it is both a symbol of equality and a sign of substantial action. Symbols lead to substantive change; substantive change leads to more symbols; and we know that every young girl in this country will be able to point to the symbol of gender balance in our executive council and know that, some day, should they want to work hard for it, they could also have a place at that table. That will also ensure substantive action on the changes we need and the different perspectives we need to take in all elements of Canadian society.

Equality is not something that just happens. Repression and discrimination do not just end overnight. It takes the work of activists and trailblazers. It takes time and self-reflection and tough questions. It often takes the support and leadership of government.

It takes the initiative of members of Parliament to be bold, as my colleague has done. Canadians elected the members of our Liberal caucus to show that leadership, and this is one of the many ways that we are bringing real change to Canada and to all Canadians.

Canada Business Corporations Act

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

Mr. Speaker, recently the Minister of Innovation, Science and Economic Development introduced Bill C-25, an act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act. The proposed amendments by the Liberals to Bill C-25 stem from a House of Commons committee-led statutory review in 2010, which in turn led to a further consultation undertaken in 2014 by our previous Conservative government.

Stakeholders raised many important and complex points on a number of corporate governance issues during the consultations. After our previous Conservative government concluded the consultations in 2014, we made a proposal to modernize Canada's corporate governance framework in our 2015 budget. For those members in the House who are not aware, let me read an except from page 140 of our previous Conservative government's economic action plan 2015:

the Government will propose amendments to the [CBCA] to promote gender diversity among public companies, using the widely recognized "comply or explain" model.... Amendments will also be proposed to modernize director election processes and communications...to strengthen corporate transparency through an explicit ban on bearer instruments.... Amendments to related statutes governing cooperatives and not-for-profit corporations will also be introduced....

Bill C-25 is the minister's second piece of legislation that he has tabled since being in office now for a year. Just like his first piece of legislation, Bill C-25 came straight from our previous Conservative government's 2015 budget.

I am pleased to see that the hard work our previous government did is continuing through the Liberals, in their need to produce some form of legislation while keeping up the facade that they are hard at work. I do not call this hard at work, and neither do Canadians. However, if the Liberals want to continue taking unpassed Conservative legislation and unfinished work and bringing it forward, they will see our support.

The legislation being brought to the House, overall does not speak well for the Liberal government's priorities. With hundreds of thousands of people out of work in this country, trade deals not signed, pipeline deals stalled, and terrorism on the rise, we have spent days talking about Bill C-18, a park in Toronto, and Bill C-16, about protection of rights that already existed provincially and in the Charter of Rights, and then nearly a week talking about changes to the CPP that will not benefit anyone for 40 years. Soon we will be spending our time discussing whether to make it legal to have anal sex between the ages of 16 and 18.

Seriously, these are the priorities of the present government in the face of serious economic and security circumstances? However, I digress.

If adopted, Bill C-25 would result in changes to the corporate governance regime for reporting issuers incorporated under the Canada Business Corporations Act. The CBCA is the incorporating statute for nearly 270,000 corporations. Although most of these are small or medium sized and are privately held, a large number of Canada's largest reporting issuers are also governed by the CBCA.

The proposed amendments cover several key corporate governance matters: majority voting, individual voting, annual elections, notice and access, diversity-related disclosure, and shareholder proposal filing deadlines. I am pleased to see that the Liberals moved forward with the “comply or explain” model that our previous government had proposed. It has been proven that more diverse boards lead to better overall decision-making, better boards, better organizations, and better economies.

Our Conservative Party has never been on the sidelines when it comes to diversity firsts in Canada. It was the Conservative Party that had the first female prime minister, elected the first female MP to the House of Commons, the first Chinese, Muslim, Black, Latino, Hindu, Pakistani, Japanese, and physically disabled MPs, and, of course, the first female engineer in the House of Commons. You knew I was going to say that, Mr. Speaker. Our Conservative Party believes in merit, not quotas, and I am pleased to see that we are not going to be missing out on talent.

Since the Ontario Securities Commission implemented the “comply or explain” model two years ago, the number of women on boards has steadily increased to 20%. However, looking at Canada as a whole, in larger companies, women make up an average of 34% on boards.

Implementing the widely used model is the first step to seeing these numbers increase. If enacted, that change would affect about 600 of the approximately 1,500 companies on the TSX.

As chair of the committee on status of women, I can say that our next study will be on improving the economic circumstances of women in Canada. This legislation is aligned with what we would like to see as end results, more women in executive positions and on boards, more women in science, engineering, technology, and math jobs, and gender parity in the workforce.

Research into the effectiveness of teams shows that teams who work more harmoniously are 10% to 20% more productive. One of the findings is that adding more women to teams makes them more harmonious. I support all of these efforts to drive us in the right direction with respect to diversity and inclusion across our country.

When it comes to modernizing corporate governance and reducing red tape, our previous Conservative government made massive strides. We believed in fostering an environment in which businesses could grow and contribute to Canada's long-term prosperity. We recognized that businesses play a vital role in creating jobs and generating economic growth, and that strong business strategies are central to a company's success in creating and sustaining a competitive edge.

Changes proposed to the Competition Act will do just that. They will reduce business uncertainty, create a competitive marketplace, and prevent anti-competitive practices. These amendments will also reduce the administrative burden on businesses.

Our previous Conservative government set a precedent, the first of its kind in any country, when we introduced the one-for-one rule. It brought a new level of discipline to how governments foster a more predictable environment for business, through the reduction of red tape. We took a number of steps to reduce red tape for businesses. Since 2012, the red tape reduction action plan has been proven to be a successful system-wide control on the growth of regulatory red tape. Our previous government saved Canadian businesses over $22 million in administrative burden, as well as 290,000 hours in time spent dealing with unnecessary regulatory burden.

Further enhancing the changes we had made while in government, Bill C-25 was to be our next step in modernizing corporate governance. More accountability and transparency are key for any organization or government. A high-performance board is accountable.

The right to vote is important for shareholders and fundamental to democracy. I am pleased to see that shareholder democracy and participation will better align with securities rules, and will require corporations under CBCA to hold annual elections, elect directors individually, and use a majority voting standard. This proposal will bring an end to the debate over those circumstances in which an under-supported director could remain on the board.

The proposed amendments in Bill C-25 will further implement many policies and practices that are already addressed under TSX rules and securities laws. Modernizing the acts addressed in Bill C-25 is a welcome improvement to the federal corporate statute, and a reflection of the need to enhance companies' corporate governance practices.

If the minister wants to continue putting forward legislation straight from the Conservative budgets, well, those are welcome too. Certainly, I would love to see some that would bring jobs to our country and address the tax burden that small businesses are facing, especially in light of the additional levels of carbon tax being put in place and the broken promise to reduce small businesses taxes. I would like to see the government move in a direction that will strengthen corporations and small businesses, and actually create jobs to address some of the issues we are facing in the nation.

Obviously, as the chair of the status of women committee, I applaud any moves to accelerate us in getting more women in businesses, on boards, and in senior positions. Certainly, I will be working with the whole committee to look at tangible ways that we can do that. I will bring those forward to the government, in the hope that it will implement that legislation, and those recommendations as well.

Criminal Code

[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 House

[Bardish Chagger, Liberal, Leader 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 Rights

[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 House

[Bardish Chagger, Liberal, Leader 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.

[Bardish Chagger, Liberal, Leader 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 Code

[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 Act

[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 amendment

[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 Act

[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.