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



This bill has received Royal Assent and is, or will soon become, law.


This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.


All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.


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

National Defence ActGovernment Orders

October 15th, 2018 / 5:15 p.m.
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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.

National Defence ActGovernment Orders

October 15th, 2018 / 5:15 p.m.
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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?

June 19th, 2018 / 4:45 p.m.
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Jody Wilson-Raybould Liberal Vancouver Granville, BC

As the member knows, the removal of section 159 by Bill C-75 is something that has been long-standing since we introduced Bill C-39 to ensure that we do some charter cleanup.

Section 159 in the Criminal Code has been rendered unconstitutional. It is discriminatory. Our government is committed to ensuring the rights of all Canadians and equality for all Canadians.

Another example would be the introduction and passage of Bill C-16, which you're very familiar with, with regard to gender identity and expression. It's an ongoing commitment to ensure the human rights and equality of all individuals.

Pride MonthStatements By Members

June 8th, 2018 / 11 a.m.
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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 C16, 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.

June 5th, 2018 / 4:10 p.m.
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Jody Wilson-Raybould Liberal Vancouver Granville, BC

I appreciate the question. I will say from the outset that the commissioner, Marie-Claude Landry, would have the ability to answer that question specifically, I know, but with respect to Bill C-16, which was about gender identity and gender expression and adding those as prohibited grounds in the Canadian Human Rights Act, as well as amending the Criminal Code, it was an extraordinary process and bill to move through Parliament.

It was legislation that for years was advocated for by so many people who may express themselves differently in terms of their gender. It was an incredibly proud moment for me and I know for many Canadians across the country in feeling that there is recourse in terms of discrimination based on gender identity and expression.

In terms of the Canadian Human Rights Commission, I know that they have been engaged in information gathering in terms of providing educational materials on gender identity and gender expression, and they recognize that there will be an increase in terms of the cases that are before the Canadian Human Rights Commission. In terms of numbers and the substantive information, the educational exercises, and the engagements they've been having across the country, I would say that the commissioner would probably be better placed to speak to her important work.

June 5th, 2018 / 4:10 p.m.
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Ali Ehsassi Liberal Willowdale, ON

I will now switch to Bill C-16, which received royal assent in June of last year. Under that bill, the grounds for discrimination in the Canadian Human Rights Act have been broadened, namely, by adding “gender expression” and “gender identity” as well. Would you mind explaining to us what you think the impact of these changes will be on the commission? Is this in any way responsible for the increase in the number of complaints that have been received by the commission?

Human RightsStatements By Members

May 10th, 2018 / 2:15 p.m.
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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 ProgramBusiness of SupplyGovernment Orders

March 1st, 2018 / 12:55 p.m.
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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?

Opposition Motion—Canada Summer Jobs ProgramBusiness of SupplyGovernment Orders

March 1st, 2018 / 12:30 p.m.
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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.

Opposition Motion—Canada Summer Jobs ProgramBusiness of SupplyGovernment Orders

March 1st, 2018 / 10:45 a.m.
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Cape Breton—Canso Nova Scotia


Rodger Cuzner LiberalParliamentary 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 SystemGovernment Orders

February 14th, 2018 / 8:45 p.m.
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Eglinton—Lawrence Ontario


Marco Mendicino LiberalParliamentary 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 ActGovernment Orders

December 13th, 2017 / 4:30 p.m.
See context


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.

Expungement of Historically Unjust Convictions ActGovernment Orders

December 8th, 2017 / 10:05 a.m.
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Ajax Ontario


Mark Holland LiberalParliamentary 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 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 CanadiansRoutine Proceedings

November 28th, 2017 / 3:40 p.m.
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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 RightsOral Questions

November 27th, 2017 / 2:40 p.m.
See context

Ahuntsic-Cartierville Québec


Mélanie Joly LiberalMinister 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—