Bill C-16 (Historical)

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

This enactment amends the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination.
The enactment also amends the Criminal Code to extend the protection against hate propaganda set out in that Act to any section of the public that is distinguished by gender identity or expression and to clearly set out that evidence that an offence was motivated by bias, prejudice or hate based on gender identity or expression constitutes an aggravating circumstance that a court must take into consideration when it imposes a sentence.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

Thank you.

I am certainly pleased to be here with my deputy minister and pleased for the opportunity to be able to present on Bill C-16 today. I look forward to answering any questions.

In my remarks today, I will outline the broad objectives of the bill, take you through some specific amendments, and then respond to three points that were raised during second reading debate.

Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code, is an important step forward in protecting the equality, dignity, security, and freedom of transgender and gender-diverse Canadians.

Trans Canadians, like all Canadians, should have an equal opportunity to make for themselves the lives that they are able and wish to have. Indeed, all Canadians should be free to be themselves, without fear of discrimination, hate propaganda, and hate crime. Sadly, this is not yet the experience of many trans people.

As you are aware, trans and gender-diverse people face an elevated risk of violence, including physical and sexual assault, and verbal, physical, and sexual harassment. They also face significant obstacles in obtaining and advancing in employment, and not because of their lack of qualifications but because of discrimination.

Yet our human rights protections and criminal law do not explicitly protect this vulnerable group. With Bill C-16, Parliament has the opportunity to affirm in clear language that trans and gender-diverse people are entitled to equal protection from discrimination, hate propaganda, and hate crime.

Canada is strengthened by its diversity. Diversity flourishes when our laws and institutions promote social inclusion and participation for all, which is fundamentally what this bill seeks to do. To this end, Bill C-16 proposes to make three amendments.

It would amend the Canadian Human Rights Act to add two prohibited grounds of discrimination: gender identity and gender expression. As a result of this amendment, it would be a discriminatory practice, in matters of employment and the provision of goods, services, facilities, and accommodation in the federal jurisdiction, to disadvantage people because of their gender identity or gender expression.

This bill also proposes to amend the Criminal Code. It would expand the list of identifiable groups that are protected from hate propaganda by adding gender identity or expression to the list.

Finally, it would make it clear that hatred on the basis of gender identity or expression should be considered an aggravating factor in sentencing for criminal offences.

It is not the first time that parliamentarians are studying this issue. Indeed, this House has already passed substantially the same bill twice before. Moreover, most provinces have already made similar amendments. I believe these amendments are overdue. Nevertheless, it is evident from the debate in the House that there are questions about why we need to enact these amendments and what they will do. I listened carefully to the debate and I acknowledged the perspectives of my fellow parliamentarians. I would like to address some of the questions today.

Some wondered whether the amendments are necessary. It was pointed out that trans people may already complain of discrimination on the ground of sex under the Canadian Human Rights Act, and that the hate crime sentencing provision is open-ended and would therefore already include gender identity and expression. Allow me to offer three responses.

First, Canadians should be able to turn to our fundamental laws, like the Canadian Human Rights Act and the Criminal Code, and see their rights and obligations spelled out clearly. Promoting access to justice means working on an ongoing basis to make our laws as clear and easy as possible for everyone to understand.

Trans people who feel they have been discriminated against should not have to become experts in legal interpretation to advocate for their basic rights. Employers and service providers should know explicitly what legal duties they have towards their employees and customers. Adding these grounds to the Canadian Human Rights Act as well as the Criminal Code would ensure they are clear for all to see.

Second, Canadians expect parliamentarians to speak on their behalf to the social issues of the day and to affirm their fundamental rights. With this bill, Parliament has the opportunity to affirm that all Canadians should be free and feel safe to be themselves. The House can stand with trans and gender-diverse people to affirm their equal rights.

It is more than a symbolic gesture; this is about embedding new language of respect and inclusion in two important laws that set basic norms about how we conduct ourselves on a daily basis. This is about the Government of Canada sending a clear message that all Canadians are protected by and have the benefit of the law.

The third reason will be of special interest to this committee in its role of studying and recommending improvements to Canada's justice system. This legislation would fill an important gap in the criminal law. The Criminal Code's hate propaganda offences currently extend to the ground of sex, but there is no mention of gender identity or expression. As you know, gender identity is not the same characteristic as sex. Since criminal prohibitions are interpreted narrowly, in order to ensure that the offence protects against hate propaganda which targets trans and gender-diverse individuals because of their gender identity and expression, it is important for Parliament to legislate explicitly on this point.

We also heard questions about why gender identity and expression are not defined and whether their meaning is too subjective. Again, let me offer some comments.

Gender identity and expression are now found in most provincial human rights codes. Commissions, tribunals, and courts are expected to elaborate the meaning of such grounds in a reasonable way, with reference to the purpose of the law. They clarify these grounds, and indeed all grounds, through application of real-life examples, allowing the law to respond to individual situations in line with its purpose.

This does not mean that grounds are completely open-ended or that people can claim protection on a whim. There are real limits to what any ground can mean. The Federal Court of Appeal has insisted that the grounds of discrimination in the Canadian Human Rights Act must be interpreted in ways that do not trivialize the Canadian Human Rights Act's important role in the legal system. By way of comparison, the ground of religion is also undefined in the act, yet one's religious beliefs are subjectively determined. As the Supreme Court of Canada has stated, legal protection depends on the religious beliefs being sincere, a requirement that tribunals and courts are used to assessing on an individual basis.

Finally, we've heard that there are diverse understandings of sex and gender in Canada. Some may ask whether these amendments would lead to criminal prosecution of people who express disapproval of diverse gender identities or expressions. The answer is no. As explained in the statement of potential charter impacts that I tabled at second reading, the amendments to the hate propaganda provisions respect freedom of thought, belief, opinion, and expression in a free and democratic society. The criminal prohibitions on hate propaganda impose a narrow limit on expression. This limit is demonstrably justified in a free and democratic society, given the important objective being pursued, namely, to target extreme and dangerous speech that one, advocates genocide; two, wilfully promotes hatred; or three, incites hatred in a public place likely to cause a breach of the peace against vulnerable groups. The target is speech that promotes unusually strong and deeply felt emotions of detestation or vilification, which is far from the expression of religious faith, dissenting views, or even opinion that some may find offensive.

The Canadian Human Rights Act is concerned with protecting for all persons, equal access to goods, services, and employment in the federally regulated sector. It is not concerned with regulating the expression of one's beliefs. Rather, the act prohibits discriminatory practices, including harassment when harassment is inflicted in the employment context or in the provision of goods, services, facilities, or accommodation available to the general public, commercial premises, or residential accommodation.

As interpreted by the courts and tribunals, harassment involves serious incidents of persistent treatment that accumulates to create a hostile environment in these contexts.

Many other topics have been raised in debate in the House; however, several of them concerned matters of provincial jurisdiction, and others referred to situations that are outside the scope of the bill, keeping in mind that the Canadian Human Rights Act applies only in the federal sector. This means that it applies to the federal government in its role as employer and service provider and to the federally regulated private sector, including crown corporations, interprovincial and international transportation companies, telecommunications, the postal service, and chartered banks.

To conclude, I encourage this committee to focus on the real subject matter of this bill. It is about equal opportunity for trans and gender-diverse persons in employment and in access to goods and services. It is about increasing their sense of security and freedom from the most extreme forms of hate speech, including calls for genocide and its promotion. It's about denouncing what we know are still all-too-frequent acts of violence and other crimes when they target persons out of bias, prejudice, or hatred based on an individual's gender identity or expression.

Surely we can all agree that these objectives are pressing and in urgent need of being addressed. Bill C-16 would make the amendments needed to pursue these crucial objectives.

Thank you for the opportunity. I look forward to questions.

[The Chair, Liberal, Anthony Housefather]

It's a great pleasure to call this meeting of the Standing Committee on Justice and Human Rights to order, as this committee proceeds to its study of Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code.

It is a pleasure to welcome Mr. Garrison to replace Mr. Rankin at today's meeting. Welcome, Mr. Garrison.

The House resumed consideration of the motion that Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, be read the second time and referred to a committee.

Canadian Human Rights Act

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

Mr. Speaker, I stand today to address an important piece of legislation. I applaud in particular the Minister of Justice, who has introduced two substantial pieces of legislation in a relatively short time span. I admire the efforts and the work that she, through her department, has done in order to present Bill C-16 to the House. I understand that the legislation was part of the mandate letter that was provided to her by the Prime Minister. That speaks to the degree of importance that the Prime Minister, cabinet, and the government as a whole, any political party, place on the legislation.

I listened to the many speeches that have taken place today and I have found that all political parties support Bill C-16. We do not often get that sort of support and it is worthy of notice.

I would like to again highlight the effort put into this file by the Minister of Justice and her department. This did not just happen overnight. When legislation is brought forward a significant contribution is made by many different stakeholders from virtually every region of our country. It is important that we acknowledge the efforts of the many individuals who have allowed us to get to this point where we are now debating Bill C-16.

It is important to recognize that Ottawa played an important role, a strong leadership role with respect to the legislation. I will get back to that leadership role, but it is important that we recognize that there are other jurisdictions.

I asked the member for Richmond Hill if I could quote him specifically in his response to a question because it is pertinent to today's debate. He said, “many other provinces and territories across Canada had adopted legislation that sought to protect the rights of trans and gender diverse persons in Canada. Most Canadian provinces and territories now list gender identity, and some have included gender expression, among the prohibited grounds of discrimination under their human rights law.” He also said, “The human rights laws in the Northwest Territories, Manitoba, and Saskatchewan prohibit discrimination based on gender identity, while the human rights laws in Alberta, British Columbia, Nova Scotia, Ontario, Prince Edward Island, Quebec, including Newfoundland and Labrador, prohibit discrimination based on both gender identity and gender expression.”

When members think of Bill C-16 and how they might vote, they need to recognize that Ottawa, albeit an important player, has a leadership role to play. It is also important to note that while most provinces have amended their human rights laws to provide explicit protection as noted above, gender identity and/or gender expression had previously been implicitly included in some jurisdictions under other explicitly enumerated grounds, such as sex, as a matter of policy, and/or as a result of court decisions.

It is important to recognize that while New Brunswick, Nunavut, and Yukon have not amended their legislation to explicitly include gender identity or gender expression in their laws, the New Brunswick and Yukon human rights commissions have published guidelines on human rights that indicate that gender identity discrimination is a form of sex discrimination.

It is important to recognize that across Canada we are moving toward a more modern and a more inclusive society. The legislation would align with Canadians' wishes and truly represent them.

As a representative of the great constituency of Winnipeg North, I believe that I represent all the people of Winnipeg North. I want the members of my constituency to feel comfortable knowing that I will represent their interests first and foremost. This is something I do in different ways. For example, in caucus discussions, we know that we can say whatever we want. We know that at times there are some limitations in the chamber regarding what a member might want to say. However, I want my constituents to understand that no matter what their background is, whether based on ethnicity, religion, or belief, when coming to talk to me, I will not discriminate in any way so that I can represent their interests, no matter what percentage of the population they might claim to be part of in my constituency. I say that because this debate should not be about one's faith or religion; it is a fundamental right we are debating.

Back in 1948, the United Nations brought forward a universal declaration about the importance of human rights. Since that day, there has been the intention and goodwill of politicians around the world to honour it by bringing forward ideas, resolutions, and legislation to try to embody what that declaration was proclaiming.

We often hear about the lack of studies and reports. The nice thing about Google is that it does not take much to get a sense of what might be out there. I would like to make reference to a report I was able to identify. I would encourage members who are having a difficult time with this issue to try to get a better understanding of what many individuals in our society are trying to come to grips with. Many are trying to make a difference by, for example, seeing legislation such as Bill C-16 pass.

It is a report by the Trans Pulse project team in Ontario. I would like to provide some selected comments from that report.

I will start on page 1, which highlights how effective this report was, and still is.

It states:

To date, the project has produced 14 academic research articles in peer-reviewed journals, 5 reports created at the request of government or community service agencies, and 8 e-bulletins to provide short summaries of key findings in easily accessible formats.

I would emphasize that this report originated in Canada's largest province, Ontario.

It posed this question: “Who are Trans People in Ontario?” I love the response. I believe it is appropriate for me to read the response to that question.

It states:

Trans people in Ontario report a full range of ages and occupations, and are geographically distributed across the province proportionally to the population.

This is something members have actually raised. This is not just an urban issue. It goes on:

They belong to all ethno-racial groups, and 7% identify as Aboriginal. Of course, trans people also form families: 44% are in a committed relationship and 24% are parents.

While they may not have had language for it at the time, 59% knew that their gender identity did not match their body before the age of 10, and 80% had this knowledge by the age of 14. Gender identity is often clear years before people socially transition to live in their core gender. While approximately 80% of Ontario trans people have socially transitioned to live their day-to-day lives in their core gender, most full-time, only 8% report that they had begun living in their core gender by age 14. It is import[ant] to note that there is a lot of sex and gender diversity within trans communities. About three-quarters of trans people indicate they need to transition medically, which may involve different combinations of hormones and/or surgery for different individuals. Though trans women have received greater media attention, there are about equal numbers of trans people on male-to-female and female-to-male spectrums in Ontario.

This is an important point.

About 1 in 5 trans people do not identify as male or female, or even as primarily masculine or feminine. These more gender-fluid people can identify as both male and female, neither male nor female, or as something else entirely (e.g. as another traditional gender recognized by Aboriginal or other cultural groups).

The report provides some extensive polling, which I thought was quite interesting. The report talks a lot about the discrimination and violence experienced by trans persons.

In everyday life, trans people experience the effects of living in a society in which stigma and discrimination against trans people are common. In addition to instances of discrimination and violence that would constitute human rights violations, trans Ontarians nearly universally report that they have experienced some type of “everyday transphobia”. For example, 96% had heard that trans people were not normal, 73% had been made fun of for being trans, and 78% reported their family had been hurt or embarrassed. These daily indignities can take their toll; 77% worried about growing old as a trans person, and 67% feared they would die young.

There are some interesting numbers the report releases, but let there be no doubt that it is common that there is discrimination, violence, and structural barriers for trans people.

Continuing with the report, on the issue of violence, it states:

Trans people are the targets of specifically directed violence; 20% had been physically or sexually assaulted for being trans, and another 34% had been verbally threatened or harassed but not assaulted. Many did not report these assaults to the police; in fact, 24% reported having been harassed by police. Trans people also face violence in institutional settings such as prisons; 6% of Trans PULSE participants had been in prison or jail, and one-third of them reported experiencing violence due to their gender....

It continues:

The majority (57%) of trans Ontarians had avoided public washrooms due to these safety fears....

Of those who had experienced physical and/or sexual violence due to being trans, 97% report avoiding at least one type of public space....

The impact of discrimination and violence on social participation and health is something that is very prevalent.

Mental health and suicide are very serious issues. A graph of the proportion of trans Ontarians reporting past-year suicidality by past experiences of transphobic assault or harassment has very interesting numbers. It is going up.

We need to look at what Bill C-16 is proposing to do. Canada celebrates diversity and inclusion. All Canadians should feel safe being themselves. As promised, the government has introduced legislation to add gender identity as a prohibited ground for discrimination under the Canadian Human Rights Act and to list it in the distinguishing characteristics of identifiable groups protected by the hate speech provisions of the Criminal Code.

Our government believes that all people can live according to their gender identity and can be protected from discrimination, hate propaganda, and hate crimes. We are committed to ensuring that trans and gender-diverse Canadians are free from discrimination and are protected from hate propaganda and hate crimes. Bill C-16 would ensure that protection from discrimination based on an individual's gender, identity, or expression is included in the Canadian Human Rights Act.

The Canadian Human Rights Act was proclaimed in Parliament back in 1977. In reading through it, I found something worth repeating, which is the actual purpose of the act. It states:

The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

I think all Canadians understand the importance of the Canadian Human Rights Act. There are agencies, such as the Canadian Human Rights Commission, that investigate issues and pass them on to the Human Rights Tribunal. There is an apparatus, whether through legislation or our bureaucracy, to ensure that discrimination is marginalized in our country.

Today we have before us legislation that would give more strength to what Canadians have accepted overwhelmingly, the Canadian Human Rights Act. That is what the government is proposing to do, recognizing that transgender people are suffering discrimination far beyond what the average Canadian suffers. Incorporating it into the Canadian Human Rights Act is the right thing to do.

If members listened to the speeches this morning, this has crossed party lines. I appreciate the opinions of all, but I would emphasize that this should not be a debate about faith. It should be a debate about human rights. It should be about discrimination and the role parliamentarians can play in minimizing discrimination.

It goes back to the Universal Declaration of Human Rights back in 1948 and the leadership role Canada can play. We have a Prime Minister who has mandated that the Minister of Justice make this legislation a priority so that it is passed during the first year of this government's mandate.

We recognize how important it is as parliamentarians to say that we will not stand for violence, bullying, and discrimination, When we are provided the opportunity to protect those rights and ensure there is a higher sense of equality, we will step up to the plate and support this legislation.

I appreciate and respect the opinions of all, but I look at this issue as a human rights issue first and foremost. We owe it to all our constituents, no matter where they come from or what their perspective might be, to represent them well. When we have legislation of this nature, which would ensure that sense of equality, we need to stand and be counted in support of the legislation.

I understand there is some reservation from opposition members. Let us attempt to address that by allowing the bill to go to committee and see if those points can be addressed, and then make that final decision on third reading. I encourage members of the House to pass this legislation at second reading, allow it to go to committee, and see what the members of the public and others have to say. How wonderful that would be in recognition of the importance of the Universal Declaration of Human Rights signed many decades ago.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I will try to keep your last point in mind as I address my comments through you to the House.

I am also rising to speak to Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code. It is a bit of an innocuous title to a bill that requires parliamentarians to reflect on some personal and fundamental values. It is also important to note that the bill will likely receive majority support, while we must acknowledge that some of my colleagues and many Canadians do have concerns about what the bill actually means.

I will be supporting the bill at second reading, and I hope my remarks will help shape a thoughtful dialogue, especially for those who are less comfortable, and also will address some of the specific concerns I have heard during the debate in the House today.

First, it is important to talk about the technical aspects of the bill. Bill C-16 would make three changes to the law. It would amend the Canadian Human Rights Act to prohibit discrimination on the grounds of gender identity and gender expression. This amendment would provide explicit protection to gender, transgender, and gender diverse persons. That is from discrimination in areas such as employment opportunities and access to goods and services.

The bill would also amend the Criminal Code in two ways. It would prohibit hate propaganda against groups that are identifiable based on gender identity or gender expression, and certainly an example is extremist literature that is especially targeting them.

Finally, it would amend the Criminal Code to clarify that sentencing for a criminal offence may be greater if the offence was motivated by bias, prejudice, or hate.

As stated by the minister, the objectives of the bill are to recognize and reduce vulnerability of trans and other gender diverse persons to the discrimination, hate propaganda, and hate crimes and to affirm their equal status as Canadians.

I think the statistics are irrefutable that transgender people face high levels of discrimination and also a high risk of violent crime. Recent research by Egale Canada said 95% of transgendered students feel unsafe at school and nine out of 10 have been verbally harassed due to their gender expression.

I did some research as I was looking at my comments today, and I went to a document that the World Health Organization has put out. It is very interesting. It talks about gender identity versus sex, and it says we often tend to confuse and mix the two together. As a quick look at what it calls sex, typically females are XX and there are males who are XY, but babies are born with chromosome abnormalities—Turner syndrome, XXX females, hermaphroditism, and a whole host of issues—but clearly it says that is sex and it is determined by a range of chromosome complements, hormone balance, and phenotypic variants, which determine sex.

It puts out gender as being more of a social construct, and in western countries it has tended to be very binary in nature, whereas in other cultures it has been much more fluid. Certainly we look at sex and we predominantly have males and females, XX and XY, but we do look at there being a whole variant within sex. Having not a binary philosophy around how we look at gender, as many other cultures do, is something we should be looking at.

This is not an abstract discussion. I think everyone here knew people in high school who were much more comfortable with their circle of friends; and we just heard one of my colleagues talk about Terry, who had to run home from school to escape bullying and abuse. I think many of us had friends in high school whom we were aware of. Also, perhaps it was our mother's aunt, whom we loved as a child but perhaps wondered what made her seem a little different, and we could not quite put our finger on it.

We have talked a bit here about what the bill is. We have talked a bit about the WHO definition. I am going to focus some comments also on some arguments that have been put forward today against supporting the bill.

The first one is that transgendered people are already protected under the human rights code. The debate has been fairly comprehensive in that area and I have been convinced that there is not full protection. There are some loopholes in terms of our human rights code, and sex and sexual orientation do not completely cover off the protection that is necessary. It was certainly a valid argument. I have listened to both sides and I believe there are some gaps in terms of protection.

The other point is that this is a bit of a symbolic affirmation as well. Not only would it close a loophole, but it is important and symbolic. Here I would like to share a local example.

We had an editorial on our local radio that talked about whether we even needed pride parades anymore, that it is sort of over and done with, “Let's get on, everyone is accepted”. It was responded to by another local journalist who quite clearly articulated that if people thought homophobia and transphobia were over in Canada it was perhaps because they had never been queer. She then went on to talk about what it was like for her personally to move to a new community, to wonder if she was going to be accepted, and the challenges that she had in her everyday life.

The other thing we are hearing about is that perhaps there would be heterosexual predators who would take advantage of the bill and use it in terms of going after our young daughters and sons. I have been looking at recent examples of horrific crimes. Today we hear about someone in Nova Scotia, Klutzy the Clown. Last week, we heard about a teacher, a sports coach. We have heterosexual predators out there and our children must be protected from them, but I do not think that a trans person would use a single-occupancy restroom in order to perpetrate these crimes.

It is kind of interesting. I have thought about this at great length because I think that the people who have this concern are very concerned. We have a single washroom that we created in the park, and it was created for people with disabilities, for trans folks, and for others to access. It is a single washroom. The reaction that we got back because we had created a gender-neutral washroom was very stunning. On airplanes, there are gender-neutral washrooms.

This was a very interesting experience. My daughter went to university and she was staying in residence. I thought it was very strange that it was not only a co-ed floor but there were co-ed washrooms and showers at the university. I thought that was very strange and wondered how it was all going to work out. I asked her about it and she said that it was sort of strange at first but after the first week it was just normal in terms of that particular co-ed set-up. We perhaps worry about the bathroom issue in a way that we should not.

In conclusion, again I certainly know that we will be hearing more about this particular debate in committee and when we bring it back to the House. By supporting the bill in Parliament, we would send a collective, strong message and comfort to the many trans and gender diverse Canadians who have had a very difficult path in life. Again, I look forward to the continued debate.

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

Mr. Speaker, the Prime Minister has been quoted often as saying we are stronger because of our diversity. I could not agree more. What makes Canada great is our pluralism and inclusiveness. However, what deeply concerns me is the statement that was made and echoed by the Minister of Justice this morning, which is that we must go beyond tolerance of differences to acceptance.

The reason I do not agree with this thinking is because it literally removes what makes Canada the great democracy it is, where we all have the right to think differently and make different choices and express contrary views without fear of repercussion. What we must do is accept all people. What we must not accept is the loss of respect for differences, views, and choices. We must accept people while respecting various views and varying choices.

I forgot to mention that I will be splitting my time with the member for Kamloops—Thompson—Cariboo.

Today, we are asked to consider extending these protections to include gender identity and gender expression. As elected officials, we have a duty to the Canadian public to exercise the best judgment we can to ensure that we continue to protect those already protected under the law, while considering the needs of those asking for additional considerations.

How does gender identity and expression differ from protection provisions already extended under the 1996 Canadian Human Rights Act to sexual orientation? Typically, a person's gender is consistent with the biological sex characteristics, resulting in an individual dressing and/or behaving in a way which is perceived by others as within generally accepted cultural gender norms. Gender, we are told today, is no longer based just on biological sex characteristics. Rather, it is based on what one feels he or she is or what one identifies with. Male, female, agender, genderqueer, trans man, trans woman, transgender, non-binary, even questioning, or unsure are some of the options. The vocabulary is continuing to evolve for those seeking new roles or identities for themselves.

Gender expression refers to the ways in which one may opt to manifest or express their masculinity or femininity. Sexual orientation can include heterosexual, straight, gay, lesbian, bisexual, asexual, pansexual, queer, questioning, or unsure, same gender loving, or others. If options for identifying oneself extend to questioning and unsure, how do we protect that? How does an individual know if he or she falls in this category? How is an employer supposed to know if he or she falls in this category? What about lawmakers and enforcement services?

With respect to the other provisions under the law, we provide citizens, businesses, service providers, and lawmakers with clear definitions, as we should. Will a new law protect people who have committed to and changed their identification, as well as those who want to change or think they want to change, or perhaps they have been thinking for the past couple of weeks they want to change, or in the last hour? It is a very broad spectrum we are asked to consider today, from “I feel like a woman today" to someone who has completely committed to the process, changed him or herself, has gone through transformational surgery, and now wants protection from discrimination.

As a business owner, if a male employee has been going to the men's washroom for 10 years, suddenly decides to go to the women's washroom and people hear a woman scream, is it discrimination to ask him to leave? Is the man just opting to put his toe in the water, so to speak, and now has the right to, or would a pervert possibly be kicked out? Where does the onus of responsibility lie to determine what the true circumstances are? Is this not putting an inordinate amount of responsibility on our employers, businesses, and service providers? Clearly, the females in this instance have rights, too, or do they? As do the businesses or service operators, or do they?

As a small business owner in a small family community, we have respectfully indicated to customers that we could not provide them the services they requested. Fortunately, they understood. Our consultation with a lawyer affirmed that we had the right to determine who our clientele was as he also had the right to determine what cases he wanted to take. Where the challenge exists is this. Tools are being used widely to promote a loss of diversity, not a growth in diversity. To think differently is being attacked with hate language and terminology that says, “If you disagree with me, then you hate me”, and that, in turn, is impacting other people's freedoms and choices.

I have taught my children to know what their values are and to make good choices based on those values. I have also taught them to value everyone, regardless of how their values and choices may differ from their own.

In the community we lived in until six years ago, there are mosques, gurdwaras, temples, and churches. The church that my husband pastored had the Christmas story told in 13 different languages. There were 83 different people groups, and my children were the minority as white Caucasians in their school. They have friends of different faiths, ethnic backgrounds, and sexual orientation. They have relationships regardless of their differences. This is true diversity and true acceptance.

I greatly respect the member for Esquimalt—Saanich—Sooke and the way that he reached out to the gay community of refugees coming to Canada. At the first briefing by the Minister of Immigration, the member asked how the gay community here could connect with a Syrian gay community coming into Canada as they were routinely discriminated against, harmed, and murdered. I expressed my absolute support for his desire to help them make the transition to Canada a safe and positive one.

No one should be persecuted or discriminated against for their choices or beliefs. However, the same could be said of the Yazidis and Christians, who are one of the four most vulnerable groups identified by the United Nations, who also are not in the camps at all, because they will be murdered there, and who often do not make it there, because they had been thrown overboard and drowned before they reached safety.

The question has to be asked. What is to be done when values and beliefs of individuals and faiths collide in Canada? Do we support one and attack another?

This is what is happening, and I fear could happen on an even larger scale when claims are made to the Human Rights Commission. Coexistence is what makes diversity great, not an artificial inclusiveness that simply moves the markers and tosses that which does not agree out of the equation by defining a different view, belief, or right to share that perspective as hateful.

As we start down this road, are we prepared to extend rights to every incarnation and how many more are going to evolve? Should something as important as our human rights charter and Criminal Code be this fluid?

I had also hoped to provide a definite number respecting how many individuals were requiring gender identity and gender expression protection. Unfortunately, like its definition, there are no clear hard core numbers or studies readily available for reference.

The gender identity and gender expression population is estimated to range from 1% to 3%. Every population is important and should not be discriminated against. However, should the needs of a small and broadly-defined minority of 1% to 3% outweigh the concerns of the general population that equally has and share those rights?

As discussed, the labels for this population are continually morphing and evolving, and the numbers that identify with this population are somewhat dubious at best. In our zeal to want to be seen as fair and open-minded, we seem to have forgotten the faces of those whose equal rights also exist. If we are in fact prepared to pass this law and let everyone do whatever they want on any given day or whim, do we not have a responsibility to ensure that we are not now discriminating against the larger population's health, safety, and quality of life?

Proponents of the bill should or would have no issue, I would think, with a grown man coming into a women's locker room to shower, as the bill would allow a self-identifying or expressing man in this case to do so if he so chose. However, aside from those who are comfortable with it, there is a large percentage of the population that is not.

Women's rest rooms and locker rooms are traditionally family changing rooms. By passing the bill, are we then be saying that a person's need to express his or her gender or identity foreshadows the mother's need to also protect her child from seeing a naked man at, let us say, a YMCA children's swim class? Have we really gone this far in our society? Is this really where the majority of Canadians want to evolve or aspire to?

With incidents of violence increasing against women and children, and, yes, against men, and with incidents of sexual predators on the rise, child kidnappings and so forth, and we see it all the time in our news, is it prudent for responsible legislators to expand this umbrella so irresponsibly?

To ask the majority of Canadians to give up their own rights to privacy and to gender identity and expression, and bear the cost for the same, is asking too much. I am confident that a good portion of our society agrees with this.

For these reasons, I accept, embrace, and support the rights of all individuals to live without discrimination for their values, beliefs, and choices in Canada, and so I cannot support Bill C-16.

[Celina Caesar-Chavannes, Liberal, Parliamentary Secretary to the Prime Minister]

Mr. Speaker, I want to thank the member for Richmond Hill for his eloquent and detailed explanation of why he supports Bill C-16.

At the end of his speech, he highlighted what was happening in Ontario and in Richmond Hill with respect to the legislation they adopted. Could he elaborate on what other provinces and territories have done to advance the cause for gender identity and gender expression through their legislation?

[Majid Jowhari, Liberal, Richmond Hill, ON]

Mr. Speaker, I take great pride in having the opportunity to participate in this debate and lend my support on such an important and much-awaited bill, Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code.

The bill proposes to amend the Canadian Human Rights Act to add gender identity or gender expression to the list of prohibited grounds for discrimination. It also would amend the Criminal Code to add gender identity or expression to the definition of identifiable group for the purpose of the hate propaganda offences and to the list of aggravating circumstances for hate crime sentencing. Furthermore, it would allow longer sentences for criminal offenders motivated by hate based on gender identity or gender expression.

In simple words, the bill would recognize that trans individuals are equally deserving of protection from discrimination based on gender identity as are all Canadians protected from discrimination based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, and conviction of an offence for which a pardon has been granted.

I am also proud that it is a Liberal government proposing the bill, just as it was a Liberal government in 1996 that amended the Canadian Human Rights Act to include sexual orientation in this list. It has been 20 years since that aspect of Canada's human rights act was amended. It is now 2016, and it is time that we modernize our laws to truly reflect our society and our diversity. Of course, I strongly acknowledge and commend my NDP colleagues for their leadership in the previous session in the promotion and raising awareness of these gaps in our legislation to the House.

As has previously, repeatedly been mentioned and is certainly a point worth reiterating, trans and gender diverse persons have been disproportionately impacted by discrimination and hate crimes. A survey conducted by Trans Pulse project in 2010 showed that out of 500 transgendered respondents in Ontario, 13% had been fired and 18% were refused employment based on transgendered status. Twenty per cent had been physically or sexually assaulted, but unfortunately not all of these assaults were reported to the police.

It does not stop there. Trans individuals also face daily bullying at home, in school, in the streets, in malls, and in many other places. According to a large-scale survey of LGBTQ across Canada conducted by Egale Canada, 68% of trans students reported being verbally harassed about their perceived gender identity; 49% of the trans students have experienced sexual harassment in school in the last year, as of 2011; and 90% of trans youth reported hearing trans-phobic comments daily directed at them, but what is sad is that 20% of these students reported hearing some of these comments from the teachers.

In passing the legislation we would not only show transgender and gender diverse individuals that they do deserve protection, that they are recognized by our government, and that our country's legislation does protect and represent all Canadians regardless of their gender identity or expression. As well, by enshrining trans and gender diverse individuals as a separate recognized group in our law, law enforcement agencies would be better able to carry out their duties.

Let me explain. As it stands, our law enforcement personnel are not as properly trained to understand and respond to crimes related to gender identity as they should be. Furthermore, because there is no separate recognition of trans and gender diverse persons in our legislation, it also means that we lack the appropriate data from our government to have a better understanding of the depth of the problem in our society. Without this understanding and without data, it will be difficult to appropriately address the issue.

Additionally, the impact of hate crimes and bullying does not end at the point at which the act has ended. The impact has far more severe ramifications on the mental health of the victims. In a survey conducted by Trans Pulse in Ontario in 2014, it was reported that of those who have experienced physical assault, 56% have seriously considered suicide and 29% have attempted suicide. In the same survey, 35% of those that have faced verbal abuse seriously considered suicide, compared to 8% who attempted suicide. What is concerning is that 28% of individuals have seriously considered and 4% attempted suicide even though they have not been subject to physical nor verbal abuse.

What this suggests is that mental health issues are rampant amongst this segment of the population in Canada. We must act now to address these issues. Today, we are taking the first step in introducing the legislation. However, in the future, further steps must be taken, which will be facilitated by the passing of the bill. These steps would include providing adequate training to our health care providers to assess and quickly react to possible mental health trigger warning signs, to identify the root causes of mental health issues, and to assist victims in finding appropriate recourse through the law.

Next steps would be promotional and advocacy campaigns that raise awareness of these issues, that provide adequate training to all stakeholders in question, and that show trans and gender diverse Canadians that they are included, respected, protected, and cared for.

I am proud to come from a riding that has already enshrined gender expression and gender identity in its policy. For instance, in 2014, Richmond Hill, through its employment accommodation procedure, aligned its employment policy with the Ontario Human Rights Code and included gender identity and gender expression under the definition of protected groups, whereby individuals from the trans and gender diverse population can seek recourse for employment discrimination through this policy.

Ontario has adopted such a bill into its legislation. Richmond Hill has adopted such a policy into its regulations. It is time for the federal government to follow suit. I look forward to being part of a society that is tolerant and inclusive, achieved by passing a bill that seeks to achieve just that.

I encourage all my colleagues to support the bill.

[Celina Caesar-Chavannes, Liberal, Whitby, ON]

Mr. Speaker, violence on any level is unacceptable. Bill C-16 would ensure that there are adequate protections for transgendered individuals in our legislation.

When our diverse communities know that they have grounds to stand on that are actually written in our Criminal Code and in our Canadian Human Rights Act, they are empowered to say, when they get to that door and are turned away or are not treated in a respectful way that pays attention to their injustice, that they have grounds to stand on. They can fight with others who are their allies to ensure that it never happens to anyone else in the future.

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

Mr. Speaker, one of the concerns I have about the implementation of Bill C-16 is based on testimony we recently heard at the status of women committee in our study on violence against women. In this testimony, we heard that in one location, 40% of the women who showed up at the police station claiming to have been sexually assaulted were turned away at the door.

How will the government ensure that Bill C-16, if supported, will be rolled out in a way that will take reports of discrimination or violence against transgendered people seriously?

[Celina Caesar-Chavannes, Liberal, Parliamentary Secretary to the Prime Minister]

Mr. Speaker, I will be splitting my time with the member for Richmond Hill today.

I am very honoured to stand here today to support Bill C-16, which aims to amend both the Canadian Human Rights Act and the Criminal Code to add gender identity and expression to the list of prohibited grounds for discrimination.

Canadians rightly expect their government, and their laws, to respect their fundamental values. It is something Canada does very well on so many fronts, but we all know that we can do better.

I am very pleased to be here today to talk about why I believe that this bill will do a great service for Canadians by bringing our current legislation more in line with some of the values we hold dear.

We, as Canadians, are fortunate to live in a country that embraces diversity. We see diversity as a strength and are rightly proud to celebrate those from all walks of life who contribute to the Canadian tapestry and our society.

We also know that diversity in our society did not happen by accident. The extension and protection of rights has been a work in progress for more than half a century. The two items we are here to discuss amending today, the Canadian Human Rights Act and the hate speech section of the Criminal Code, are fundamental to that work.

The changes proposed today are another step toward our goal of being a society free from bias and discrimination and in which every Canadian is valued and protected. The Canadian Human Rights Act, in conjunction with human rights legislation provincially and territorially, has played, and continues to play, a fundamental role in ensuring that Canadians, regardless of sex, race, religion, sexual orientation, or other grounds, can participate fully and equally in all aspects of Canadian life.

Unfortunately, we know that trans and gender-diverse persons have been, and continue to be, disproportionately impacted by discrimination and hate crimes. This, quite simply, is unacceptable.

We can, and we must, do more to ensure that gender-diverse Canadians are free from discrimination and are protected from hate propaganda and hate crimes. Bill C-16 would be critical in addressing the real and dangerous discrimination faced by gender-diverse and transgender individuals.

I would first like to speak about the amendments this bill would make to the Canadian Human Rights Act. The act is crucial in ensuring that Canadians have equal opportunities to live, work, and carry out their daily lives without discrimination, but it is not working for everyone. In a 2010 survey of 500 transgender individuals in Ontario, 13% of respondents indicated that they had been fired, and 18% were refused employment based upon their transgender status.

Again, this is unacceptable.

By adding gender expression and gender identity to the list of prohibited discriminatory grounds, we would make sure that all Canadians, regardless of gender identity, would have equal opportunities to participate in every facet of Canadian life.

Inclusion of gender identity as prohibited grounds for discrimination would be much more than just words on paper. It would provide individuals who have complaints with access to the Canadian Human Rights Tribunal. It would provide a fair and comprehensive process to ensure the protection of their rights and an opportunity for redress in cases where those rights were not respected.

It is my steadfast belief that when we extend and protect the rights of some Canadians, we do a great service not for just those individuals but for all Canadians.

Respect for human rights is so fundamental to who we are as Canadians that whenever we can act to do better to protect and enshrine rights in this country, we have a duty to do so.

Bill C-16 would also make important amendments to the Criminal Code to add gender expression and identity to the list of distinguishing characteristics of an identifiable group to ensure greater protection from hate speech and crimes motivated by hate.

The same survey I referenced earlier found that 20% of transgender individuals who responded had been physically and sexually assaulted, and far too many of these crimes were not reported to police.

Violence and hateful propaganda must never be tolerated in a fair and peaceful country like Canada, but when those crimes are motivated by hatred of specific or identifiable groups, it is incumbent upon us to do more to protect those targeted individuals and to hold the people accountable for their actions. The amendments to the Criminal Code proposed in this bill would provide increased protections for gender-diverse individuals and would permit longer sentences in cases where a crime was motivated by bias, prejudice, or hate.

We are under no illusion that the changes in the bill will end all discrimination against transgender and diverse populations, but it is an important step, one that builds on the advocacy work that those in the LGBTQ+ community and their allies have done for many years. I am proud that the Government of Canada is now catching up. These changes would put in place fundamental protections needed to ensure a basic level of protection.

There is more we can do. We must ensure equity for gender-diverse Canadians, but it starts with ensuring their inclusion in the Criminal Code.

On a personal note, it is particularly important to me to speak today to the bill, because as a black person and as a woman, there have been periods in Canadian history when people who look like me were not viewed as persons. During Women's History Month, and particularly today, on Persons Day, it is important to recognize this. I am a generation removed from those fights, so I recognize that the privilege given to me to serve in the House of Commons requires me, it is my duty, to do all I can to help extend those rights to all.

Further, I have three children at home, and in everything I do I cannot help but think about how it will affect their lives. It is important to me that they know that they are growing up in a Canada where same-sex marriage is the law of the land. This particular bill is a further extension of the values we hold dear and the values my children, as young as they are, hold very dear.

I hope that 20 years from now, there will be a generation of children for whom the idea of discrimination based on gender identity, or any other discrimination, is unthinkable. Bill C-16 is critical in making that a reality.

I would like to commend my colleague, the hon. Minister of Justice, for her hard work on this file. Her obvious commitment to diversity and inclusion is an example to all of us in the chamber. I want to thank her for her leadership. I am proud to stand with her today in supporting this legislation, and I encourage all my colleagues in the House to do the same.

[Peter Kent, Conservative, Thornhill, ON]

Mr. Speaker, I thank my colleague for her speech.

I rise today as well to speak to Bill C-16, a government bill that proposes to amend the Canadian Human Rights Act and the Criminal Code.

As the minister's summary of the bill reads:

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.

My colleagues will recall that these essential elements of the bill descend from the last Parliament where they were essentially contained in a private member's Bill C-279. Members will also recall that the bill was passed on to the upper house, with 149 votes in favour and 137 votes against. However, the bill died on the red chamber's order paper.

I voted against Bill C-279, on March 20, 2013, and I will vote against the successor legislation, Bill C-16, as well. I am pleased to have this opportunity to explain why.

I am passionately in favour of the legal protection of all Canadians from discrimination in its many forms. I am passionately in favour of the legal protection of all Canadians from hate crimes. I am proud of the laws that have evolved over the years, and the reality that Canada is recognized around the world for our recognition of diversity and equality under the law.

I am proud that the current Canadian Human Rights Act defends the principle, when it states:

...that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

I am proud of the Criminal Code as written today, which defines that “...identifiable group means any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, or mental or physical disability”.

As well, the Criminal Code provides in section 718.2, states:

A court that imposes a sentence shall also take into consideration the following principles:

...a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender...[on] evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor...

When the original version of the bill was debated in the previous Parliament, the then parliamentary secretary for the minister of justice, Mr. Robert Goguen, eloquently explained the redundancy of the similar proposed amendments to include gender identity or expression. He reminded parliamentarians that the Canadian Human Rights Tribunal had already accepted and considered a number of complaints brought by trans persons on the grounds of sex. In fact, Mr. Goguen argued that the ground of sex in any discrimination law was interpreted broadly, having evolved over the years, and was usually understood to cover discrimination complaints not based only on sex, but on pregnancy, childbirth, and transsexualism.

The examples of tribunal use of the existing grounds already in the act provided clear and consistent evidence that the existing Human Rights Act already recognized that discrimination on the basis of transsexualism was discrimination on the basis of sex or gender, as well as discrimination on the basis of disability.

The parliamentary secretary to the justice minister then said:

For similar reasons, we may wish to ask ourselves whether it is necessary to add these grounds to the sentencing provisions of the Criminal Code. The section in question lists a number of deemed aggravating circumstances on sentencing, including evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability or any other similar factor. Again, the list includes sex, and it also refers to any other similar factor. Consequently, judges may already be able to impose longer sentences for hate crimes against transsexual persons in appropriate circumstances.

I think it is clear, for all of the reasons cited today, that the amendments to both the Canadian Human Rights Act and the Criminal Code are unnecessary.

Let me stress again that I am passionately in favour of the legal protection of all Canadians from hate crimes. I am proud of the laws that have evolved over the years, and the reality that Canada is recognized around the world for our recognition of diversity equality. I am proud of the work done by fellow colleagues in the House to respect, protect, and improve the lot of trans persons in Canadian society.

I believe, firmly and sympathetically, that trans persons facing discrimination in federally regulated work places and in accessing federally regulated services are already protected by the current act and the code. I also firmly believe that the amendments proposed in Bill C-16 are redundant and unnecessary, and I will respectfully oppose this bill.

[Sylvie Boucher, Conservative, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

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

I rise today to speak to Bill C-16, which I believe is an important legislative measure to prevent all forms of discrimination against all Canadians, regardless of their colour, religion, sexual orientation, or gender identity and expression, and that includes transgendered Canadians.

Over the years, a great deal of progress has been made in terms of social acceptance and our mentality has changed. What seemed unimaginable 20 years ago is now a normal part of our everyday lives.

We are less focused on individual characteristics and more focused on who we are as a society. Society is made up of different people and different personalities.

I am going to give a simple analogy to describe social progress. Social progress works the same way as a three-legged race. If people walk in step and agree to work together, the team makes progress.

Every member of the House is different, has their own story and their own path. Every one of us has dealt with different situations and we all react differently. Our differences should never stop progress, but instead allow it to take flight.

Justice is extremely important to me. That is why I think it is important to have an open and respectful discussion on this. My mindset is to live and let live. My personal experience forced me to be open to realities other than my own, which led me to be open to differences. At first we are confronted by and conflicted about the unfamiliar, but over time we learn, try to understand, and do not judge.

As my father used to say, never judge anyone until you have walked in their shoes. He was right. We were elected by secret ballot. We do not know the identity of those who voted for us. That is another reason for us to govern for all Canadians by ensuring that respect and equality prevail.

Canada, our country, my country, has always been and continues to be a leader when it comes to progress and individual rights. I could not be prouder of my country, Canada, when it comes to social progress. Canada leads the world in terms of fostering social acceptance and reducing crime and hate speech on its own soil.

Women won the right to vote 100 years ago under the Conservative government of Robert Borden; people from all origins have been welcomed to our country every year for centuries; and gay marriage was legalized over 10 years ago. It has always been a priority to protect minorities to make it easier for them to be included in society. We must continue the trend and protect people of all gender identities, so that they can be an important part of our society and contribute to it without enduring prejudice or disparaging and intolerant remarks.

In 1982, the Constitution Act guaranteed a number of rights, including democratic rights, equality rights, legal rights, and especially the fundamental freedom of opinion and expression. Some will say that freedom of expression should be taken for everything it means. I agree, but let us go over the meaning of each of those words.

The word “expression” amounts to saying or writing what we really think and feel. The word “freedom” is about the absence of submissiveness and the ability to do as we wish.

However, freedom does not mean the absence of barriers, obstacles, or limits. Freedom of expression, like all the freedoms we enjoy, must include lines in the sand that must not be crossed. For instance, we all have the right to drive, but that does not give us the right to speed and put the lives of others at risk. We also have the right to smoke, but we cannot do so in restaurants, because it jeopardizes the health of those around us. The same is true of freedom.

Basically, we are free to do as we please, as long as it does not harm other people around us. I recognize, however, that it is hard to set limits around freedom, because it cannot be measured; it is not black and white. That it why I am so glad we are having this kind of debate in the House today.

I will be voting for this bill in the name of equality and respect for the individual rights of all people. As a Conservative, I represent people who advocate for maintaining law and order. I sincerely believe that in a world where people respect one another, society can make better progress.

[Randy Boissonnault, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage]

Madam Speaker, Tuesday May 17 was an important day. It was the International Day Against Homophobia and Transphobia. It was a day to recognize the efforts of everyone who has fought for equality, freedom, and respect for gay, lesbian, bisexual, transgender, intersex, non-binary, and two-spirited persons. It was a day to celebrate the achievements of advocates and their friends and supporters in making Canada a more inclusive place in which to live. It was a day to look forward to a time when all societies embrace their diversity and draw strength and vibrancy from it.

May 17 was also the day on which the Minister of Justice introduced Bill C-16 to the House of Commons. The legislation proposes to amend the Canadian Human Rights Act to add two prohibited grounds of discrimination, gender identity and gender expression. As a result of this amendment, it would be a discriminatory practice in matters of employment and the provision of goods, services, facilities, and accommodation, in the federal jurisdiction, to disadvantage people because of their gender identity or expression.

The legislation also proposes to amend the Criminal Code. It would expand the list of identifiable groups that are protected from hate propaganda by adding gender identity or expression to that list. Finally, it would make it explicit that hatred on the basis of gender identity or expression should be considered an aggravating factor in sentencing for a criminal offence. These are very important amendments.

The Canadian Human Rights Act advances the principle that all individuals should have an equal opportunity to make for themselves the lives that they are able and wish to have, without being hindered by discrimination. All Canadians should be able to turn to the act and see their rights and obligations spelled out clearly. However, it is not evident from the current words of the act that trans and gender diverse persons have a right to equal treatment.

It is true that the Canadian Human Rights Tribunal has interpreted the act to prohibit discrimination against trans persons in some cases, but these interpretations are not easily accessible to the trans community, employers, or service providers who need to know whom the act protects. Moreover, these decisions concern particular individuals in particular situations. The full scope of protection for trans and gender diverse persons is not clear, particularly in relation to gender expression.

Gender expression refers to the ways in which people express their gender through choices such as clothing, personal appearance, name, use of pronouns, and other forms of expression. Adding this ground to the Canadian Human Rights Act would offer clear protection against discrimination by employers and service providers who would deny Canadians their dignity simply because they express their gender differently.

Trans people who have been discriminated against should not have to become expert in statutory interpretation or criminal law to advocate for their basic rights. It is not enough to hope that employers and service providers will look beyond the words of the act. As the bill proposes, Parliament should add these grounds to the Canadian Human Rights Act, as well as the Criminal Code, so they would be in the statute book for all to see.

Make no mistake, there is no doubt that trans or gender diverse persons face an elevated risk of violence at the hands of others. The Trans Pulse project studied the experiences of approximately 500 transgendered Ontarians. That study concluded the following:

Trans people are the targets of specifically directed violence; 20% had been physically or sexually assaulted for being trans, and another 34% had been verbally threatened or harassed....

In 2011, a study by Egale Canada indicated very high levels of verbal, physical, and sexual harassment against transgendered persons.

Transgendered Canadians are often discriminated against by their own family members. No group of people should be exposed to that kind of daily threat. Given the high levels of violence and threats of violence against trans people, it is clear that our laws require measures to specifically denounce the violence and discrimination inflicted on the individuals because of hatred of their gender identity or gender expression.

Our duty as parliamentarians goes beyond simply maintaining the good order set out in legislation. Canadians expect us to speak on their behalf, recognize their qualities and vulnerabilities, as well as affirm and protect their basic rights and their dignity.

This bill is not only an opportunity for us to reinforce our support for transgendered Canadians, but also an opportunity for the House to send a clear message to all Canadians that they can now feel safe and free to be themselves.

On May 17, when I stood beside the Minister of Justice to announce this legislation, we were joined by people who were well aware of the need for this bill.

They, and we, saw in this bill a real sign of acceptance and unity. This bill says to every transgender and gender-diverse person that they do not need to choose between being safe and being who they are. This bill says to young people in all parts of this country who are struggling to understand themselves, who are realizing that they are a bit different from their peers, that it is okay to be different and that they are special, that they are unique, and that they belong.

This bill sends a clear signal to our transgender and gender-diverse community members that the government will not stand for discrimination and that we stand with them, shoulder to shoulder. For any members of this House who may be considering voting no on this important legislation, I must ask why. This bill is about equality. It is about respect for diversity. Even if they cannot fully understand the lives of our transgender community, surely they can understand that no group of people should live under such threat of violence in our country.

I appeal to each and every one of my colleagues in the House to support this important issue.

I stand with all trans and gender-diverse persons, and I call on this House to affirm their equal status in Canada, and I will fight every day to ensure they are protected and free to live their lives safely and free from fear. I do so as a member of this House who is a proud, openly gay man. I was able to earn a place in this House because of the hard work of those who went before me who stood to be counted, people who stood up to discrimination, who fought for individual rights, who stood for inclusivity and acceptance, who were bullied, and against whom the laws discriminated in the past.

Today, I and we stand shoulder to shoulder with the trans community to say, “No more”, and that we will continue to fight and stand up for those who still need our protection.

To conclude, the proposed changes to the Canadian Human Rights Act and the Criminal Code's sentencing provisions would help to create a better and safer Canada that is inclusive of all forms of diversity. I urge all members of this House to support the passage of this important bill.

[Patty Hajdu, Liberal, Minister of Status of Women]

Madam Speaker, I will be splitting my time with the member for Edmonton Centre.

I am pleased to participate in the debate on Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code.

The bill is designed to support and facilitate the inclusion of transgender and other gender diverse people in Canadian society. Diversity and inclusion are values that are important to us as Canadians, yet we have heard repeatedly from trans and gender diverse Canadians that they still do not feel safe or fully included in Canadian society. Social science research also shows that many transgender and other gender diverse Canadians are not yet able to fully participate in our society. They face negative stereotypes, harassment, discrimination, and sometimes violence.

We know that discrimination and violence have significant impacts on social participation and an individual's sense of safety in the public sphere. Research conducted by the Trans Pulse survey found that approximately two-thirds of trans people in Ontario had avoided public spaces or situations because they feared being harassed or being perceived or outed as trans. The survey also indicated that the majority of trans Ontarians had avoided public washrooms because of these fears. Trans Ontarians also avoided travelling abroad, going to the gym, shopping at the mall, and eating out in restaurants, all commonplace everyday activities and pleasures that many of us are able to enjoy comfortably. However, for many trans people, these activities can be fearful because of their previous experiences of harassment and discrimination.

The research also shows that transgender or other gender diverse people face significant obstacles in obtaining employment. This is not due to a lack of qualifications. The Trans Pulse survey results I mentioned earlier showed that 44% have a post-secondary degree, but trans people are significantly underemployed, with many having been fired or turned down for a job because they are trans. Others felt that they had to turn down a job that they were offered because of a lack of a trans-positive or safe work environment.

It is clear that too many transgender and gender diverse people are being deprived of the opportunity to contribute to and flourish in our society. This is important not just for trans people but for us all. When a person loses an opportunity to work or is too fearful to go out shopping or eat in a restaurant, we all lose a potential contribution to the workplace, to the economy, and to our collective social life. Discrimination is a matter of concern to us all. It both undermines the freedom of those individuals to make the life they are able and wish to have, and it deprives us all of their participation in our society.

The bill would be just the beginning but is an important beginning. It is another step toward greater acceptance and inclusion. By adding the grounds of gender identity and gender expression to the prohibited grounds of discrimination listed in sections 2 and 3 of the Canadian Human Rights Act, we would protect the freedom to live openly.

The amendments proposed by the bill would make it clear that discrimination in employment against trans people is unacceptable and a violation of the Canadian Human Rights Act. An employer cannot refuse to hire or promote a qualified individual simply because that person is trans or gender diverse. These amendments will make it clear that federally regulated employers and service providers will need to provide accommodation for transgender and other gender diverse individuals when required and treat them in a manner that corresponds with their lived gender. Explicit recognition will also serve to promote understanding and awareness about trans people and their rights.

I now want to address one of the amendments that the bill proposes to make to the Criminal Code, which is to expand the hate propaganda offences in the Criminal Code to protect those who are targeted because of their gender identity or gender expression. To put this proposal in context, it is useful to give some of the history of these offences.

There are three crimes of hate propaganda. They were created in 1970. These are now found in sections 318 and 319 of the Criminal Code. These offences are advocating or promoting genocide against an identifiable group, inciting hatred against an identifiable group in a public place that is likely to lead to a breach of the peace, and willfully promoting hatred, other than in private conversation, against an identifiable group.

As we can see, a key element for all of these offences is the term “identifiable group”. When the hate propaganda offences were first created and for many years afterward, the definition of identifiable group was very limited in scope. It was defined in the Criminal Code to mean a section of the public that was identifiable on the basis of race, colour, religion, and ethnic origin.

In 2001, the then member of Parliament for Burnaby—Douglas introduced in the House Bill C-415, later reinstated as Bill C-250, and entitled “An Act to amend the Criminal Code (hate propaganda)”. This bill proposed to add sexual orientation to the definition of identifiable group in the Criminal Code. The member quoted in support of his bill a statement made by the Supreme Court of Canada in the 1990 case of R. v. Keegstra, which upheld the constitutionality of the hate propaganda offence of wilfully promoting hatred against an identifiable group. The Supreme Court said:

The harms caused by [hate propaganda] run directly counter to the values central to a free and democratic society, and in restricting the promotion of hatred Parliament is therefore seeking to bolster the notion of mutual respect necessary in a nation which venerates the equality of all persons.

In 2004, Bill C-250 became law. As a result, the definition of identifiable group was expanded to include sexual orientation as an identifiable group for the crimes of hate propaganda.

I will now fast-track to 2014, when Bill C-13, the Protecting Canadians from Online Crime Act, received royal assent. One section of that bill amended the definition of identifiable group for the hate propaganda offences by adding more groups to that definition, specifically the criteria of national origin, sex, age, and mental or physical disability. As we have seen, the definition of identifiable group has been expanded considerably since 1970. This expansion reflects a commitment to equality and the desire of Canadians to protect more and more vulnerable groups in our society from the serious harms to human dignity that flow from the type of vicious hate speech prohibited by these Criminal Code provisions.

Bill C-16 proposes to add two new terms to the definition of identifiable group: gender identity and gender expression. Such an expansion is eminently justifiable on two grounds.

First, this expansion would extend to those in our society who are identifiable on the basis of gender identity and gender expression the same protections already afforded to other groups in Canadian society, such as those identifiable on the basis of their sex and sexual orientation. This would help to promote equality before the law and throughout Canadian society for trans people.

Second, this expansion would explicitly recognize that those who are identifiable on the basis of their gender identity and gender expression are in need of protection by the criminal law. For example, the Trans Pulse survey I mentioned earlier indicates that trans people are the targets of specifically directed violence; 20% had been physically or sexually assaulted for being trans, and another 34% had been verbally threatened or harassed but not assaulted.

Here in Canada, we criminalize hate propaganda, in part because it undermines the dignity and respect of the targeted group. It undermines their sense of belonging and inclusion in society. Adding gender identity and gender expression to the list would send a clear message that hate propaganda against trans and other gender diverse individuals is not acceptable.

I encourage all members of the House to support this bill.