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.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

February 14th, 2018 / 8:45 p.m.
See context

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.
See context

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.
See context


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—

Human RightsOral Questions

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

Ahuntsic-Cartierville Québec


Mélanie Joly LiberalMinister 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.

Human RightsOral Questions

November 9th, 2017 / 2:55 p.m.
See context

Parkdale—High Park Ontario


Arif Virani LiberalParliamentary 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 RemembranceStatements By Members

November 9th, 2017 / 2 p.m.
See context


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 MonthPrivate Members' Business

June 20th, 2017 / 5:30 p.m.
See context


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.

JusticeOral Questions

June 19th, 2017 / 2:45 p.m.
See context

Vancouver Granville B.C.


Jody Wilson-Raybould LiberalMinister 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—

June 14th, 2017 / 6:05 p.m.
See context


Pam Damoff Liberal Oakville North—Burlington, ON

I'm fully supportive and cognizant of the issues and concerns that transgender people have when they cross the border, but by the same token, I'm a little worried about making changes here without the opportunity to get a definition of “gender” put into the.... I think we're stepping a little outside of what we want to be doing here in terms of the legislation.

Also, if sex is used in the agreement, the last thing I want would be to give a reason to go back and have to get the agreement renegotiated over changing a term that we're going to have to change when Bill C-16 is passed anyway. There'll be a complete review of all of this legislation so it will be changed when C-16 is passed. Is that correct?

June 14th, 2017 / 6:05 p.m.
See context


Pam Damoff Liberal Oakville North—Burlington, ON

I have a question and a comment because we've had a lot of talk about when Bill C-16 comes into effect and legislation needing to be changed. Obviously that's new legislation. I guess I have a two-part question. At this point, is gender defined in law? The second question I have—and I'll go back and give you another opportunity to comment on this because I did have a conversation offline on it—is whether “sex” is defined, and whether the courts have spoken to what is defined by “sex”.

June 14th, 2017 / 5:50 p.m.
See context


Pam Damoff Liberal Oakville North—Burlington, ON

Despite the fact that it hasn't been used, as Mr. Clement very rightly pointed out, we've now passed a bill, which is now in the Senate, that is going to require us to use it a lot more.

Is there any reason we can't change that, other than it's consistent with the Customs Act? I'll be honest with you, I thought it had to do with a decision that was made by the Supreme Court 20 years ago regarding what sex of officer could do the search. That's something separate.

So the only thing is being consistent with an act that's likely going to have to be changed under Bill C-16?

June 14th, 2017 / 5:35 p.m.
See context


Matthew Dubé NDP Beloeil—Chambly, QC

Thank you, Mr. Chair.

We drafted this amendment following consultations with various groups that advocate protection for transgender persons, who might want to ensure that strip searches are conducted by an appropriate individual.

Despite our qualms over the very existence of certain aspects of this clause, we at least want the language used to be consistent with the fact that this is 2017 and to reflect the fact that we are at last honouring the rights of the transgender community, for example, in the spirit of bills such as C-16.