Bill C-16 (Historical)

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

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

Gender Equality Week Act

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Colin Fraser, Liberal, West Nova, NS]

That's why I explained it in the way I did, where S-201 comes into effect, C-16 would wipe out S-201's wording.

[Ted Falk, Conservative, Provencher, MB]

If you could guarantee that the wording of Bill C-16 would not come into effect, if we defeat this, I'll vote against it.

[Colin Fraser, Liberal, West Nova, NS]

Mr. Chair, I would propose that we add a clause 11 that relates to coordinating amendments. I believe it's been circulated.

In my belief, the coordinating amendment is necessary in view of Bill C-16, which was previously considered by this committee and is now in the Senate. It ensures that if one of these pieces of legislation comes into effect, and then contemplating the other one, it would give effect to the wording in the Canadian Human Rights Act with regard to the changes that are sought by each bill.

For example, if this bill were to pass and come into effect and then later Bill C-16 passes, the wording we're giving effect to in the Canadian Human Rights Act with regard to genetic characteristics would be wiped out when Bill C-16 comes into effect. This protects the integrity of this bill if Bill C-16 comes into effect afterwards, or vice versa.

Therefore, it's important that we ensure consistency with regard to the effect that we want for each of these bills. That's why I am proposing the amendment.

Canada Business Corporations Act

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Criminal Code

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

Madam Speaker, it is a great pleasure to rise in support of Bill C-305, introduced by the member for Nepean.

The bill is both timely and important in our community. The member for Nepean read a long, very impressive list of groups that are supporting the bill. That tells us a lot about the significance of promotion of hatred in North America at this time.

The bill would do two basic things. One is to expand the number of places that are defined as protected under law against hate-motivated damage, basically from religious property to community institutions like day cares, schools, universities, town halls, senior centres, and sports arenas. This is admirable, because we know that those who want to promote hatred do not pick on churches alone. Although they quite often do pick on churches, we have all seen these messages scrawled elsewhere in our communities. This is the essence of why this is an important bill.

The second part is important to me, as one of the six out gay members of Parliament. It tends to expand the grounds for protection of groups to include sexual orientation and gender identity. That is laudable. We have made progress over the years in extending protections to people of my community, but it has always been done in a piecemeal fashion, kind of step by step. I accept that this is another step in that progress.

Some people are surprised to know that sexual orientation was not originally included in the Charter of Rights and Freedoms. Of course, I am old enough to have been around at that time. In fact, I was actually here in Ottawa at that time, and I was not a supporter of the Charter of Rights because it did not include my rights. That was corrected through decisions of the Supreme Court of Canada.

In 1996, Parliament, and again, a Liberal government, brought forward a government bill to add sexual orientation to the Canadian Human Rights Act. In 2004, the section we are really dealing with in this bill was brought forward by Svend Robinson, a New Democrat member of Parliament, and the first out gay member of Parliament. His private member's bill succeeded in working its way through Parliament to add sexual orientation to the hate crime section of the Criminal Code.

Of course, I am very proud that Bill C-16 has now passed in the House of Commons. It would extend that same protection against hate crimes to those who are gender diverse, non-gender binary, or those who are called transgender. Bill C-16 would also add this to the Canadian Human Rights Act.

When this bill gets to committee we will be asking for one small amendment, and that is to make its wording consistent with Bill C-16. That will take a very small amendment, but I am confident that the member for Nepean had no intention of narrowing the bill. I hope to have a good discussion with him about the possibility of that. I regard it as a technical amendment that really meets the objectives of what he laid out in the bill.

When it comes to hate crimes, we know the groups that are most often subjected to them because of the statistics that are kept. However, I would point out in the chamber, as I did in debate on my private member's bill in the last Parliament, and as I did on Bill C-16, that we do not keep good statistics on hate crimes that are committed on the basis of gender identity or gender expression, because these are not explicitly embedded in the law. They are lumped together usually, when they are considered at all, with sexual orientation, which is quite a different matter than gender identity and gender expression. Again, I hope we can make the bill more consistent.

We need a larger debate about hate crimes in this Parliament at some point. I am not faulting the bill. It is not the purpose of the bill, but I would look forward to a discussion, because unfortunately, in the last Parliament, in June of 2013, we passed a bill that removed section 13 from the Canadian Human Rights Act, which would have allowed the Canadian Human Rights Commission to do more proactive work against hate crimes in our society.

The very fact that this is coming forward as a private member's bill gives me some confidence that we can probably find a consensus in this Parliament to actually restore the power to the Canadian Human Rights Commission to do that preventative work that would prevent the kinds of crimes that Bill C-305 is talking about.

I look forward to finding a forum where we could have that broader discussion among MPs.

I would hope that the government might bring forward such a bill as part of its agenda. Again I have to question why this important bill is a private member's bill and not part of the government's agenda. In response to my question, the member for Nepean said he hoped to have the support of his frontbench and the Minister of Justice for this legislation. That is a bit of a waiver for me in terms of my confidence. I hope that we can and will see the government, particularly the frontbench, support the bill and not kill a private member's bill as it has done to other Liberal backbenchers.

When it comes to hate crimes, the crimes that the bill focuses on are the most common. I do have to note once again that the groups most likely to be subject to violent hate crimes are the LGBTQ community and, in particular, transgender Canadians, and within that group, first nations or two-spirited people.

I am pleased that on Friday and Saturday in my riding, the Victoria Native Friendship Centre is putting on a workshop for two-spirited British Columbia youth from across the province to help them build confidence in themselves and to confront the prejudice and the violence they often face. I intend to be at that conference on Friday and to bring news, I hope, that we have support for adding gender identity and gender expression to help protect two-spirited first nation youth in this country against these kinds of hate crimes.

Who is in favour of this legislation? I guess my question should be, who in Canada would not be in favour of this legislation? Quite often because of the immense overflow of American culture and American politics into Canadian society, we get caught up in the negativity that goes on there, particularly the negativity of the presidential campaign, and the increased frequency of hate crimes reported throughout the United States as a result of the unfortunate encouragement of prejudice and hate by some very prominent citizens, including the current president-elect of the United States, whose name I always avoid saying.

As previous speakers have done, I am not going to review some of the incidents that have taken place. We all know about them. It is a bit like my own personal habit of not mentioning the perpetrators of crime, but instead talk about the victims and how they recover from that crime. It is important that we recognize the reality, and I thank the member for Nepean and the member from Edmonton for bringing that to our attention again.

I know my time is drawing short, but let me go back to what I said at the beginning of my remarks. I extend my thanks to the member for Nepean for bringing this forward. I encourage him to talk to the frontbench of his party seriously to make sure that those members will support this legislation. We have found some support, I hope broad support, within the Conservative caucus. The member will find universal support in the NDP caucus for his bill. We will ask for what I regard as a technical amendment to broaden the legislation a bit to make it consistent with Bill C-16. We look forward to this legislation's passing through the House expeditiously.

Canadian Human Rights Act

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

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

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

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

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

Mr. Speaker, I will focus my comments not on the content of this bill, Bill C-16, but rather on what I believe is a deeply flawed, undemocratic process that has returned this bill from the Standing Committee on Justice and Human Rights to Parliament without hearing from any independent witnesses.

I am supportive of any initiatives that help protect persons from hate speech. I also absolutely agree that there can be no tolerance for bullying or violence of any kind for any reason. Parliamentarians and all Canadians have a responsibility to do their part to confront bullying, hate speech, and violence. My concern is that dissent of any kind will be construed as hate speech and could subsequently lead to Human Rights Tribunal hearings or, worse yet, criminal charges being laid. I am concerned that this bill would cause fear for many Canadians that they would not be able to even discuss public policy issues such as this one because they disagree with the government's imposed agenda.

I believe the government and the Minister of Justice directly owe Canadians a clear answer to the following question: What would the impact of implementing Bill C-16 be on immigrant groups and faith groups who may be at odds with gender fluidity concepts? Would they have the freedom to teach their children and practise their beliefs without being accused of hate speech or being accused of human rights violations? Yes or no?

Any law that limits legitimate discussion and debate of closely held beliefs presents a danger to freedom of expression, a fundamental value held dear by people across the political spectrum. The right to disagree is sacred to freedom in our society. It is the lifeblood of both new ideas and age-old protections. The United Nations Universal Declaration of Human Rights, article 18, 1948, states:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either...in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

For me and millions of other Canadians who acknowledge the supremacy of God, as the first words of our charter affirm, there is the reality that our faith journey is the foundation of our world view. Freedom of religion is a fundamental right, and so it is of paramount importance that Bill C-16 would not infringe upon that fundamental freedom. Today we are debating at third reading a bill that proposes some very fundamental changes to definitions and principles of society. The imposition of a fundamental values system change of this magnitude must be given complete due process here in Parliament.

The current government promised transparency, openness, and accountability. The Liberals assured Canadians that things would be done differently. All members of this House are aware that the normal course of action for a bill that passes on second reading is to send it to the corresponding committee for study, calling of witnesses for input on the content of the bill with the potential for changes or amendments to be made before it comes back for third reading, and a final vote by Parliament. Yet here we are asked to vote on a very substantive bill without the benefit of committee discussion notes or the transcription of witness input to inform our decision. The government has chosen to shortcut the democratic process; a different approach for sure but not what Canadians should expect or have to tolerate from their government. This is a total disrespect of due process.

Those who may see this issue differently are simply being shut out of the debate. Of all the places that should encourage dialogue and debate, certainly Parliament should be at the forefront. Yet here we are choosing not to have an honest debate for fear that we might somehow upset the politically correct apple cart.

We have unfortunately already witnessed this chill on free speech at the University of Toronto as Professor Jordan Peterson is under constant attack for his refusal to use gender-neutral pronouns. Medical experts have lost their jobs not because of scientific knowledge or experience but because their views are out of step with current thinking.

Irene Ogrizek of Montreal wrote:

If Canadians who believe that gender exists on a spectrum are free to choose their words and reality, Jordan Peterson, as someone who interacts with them, has a right to choose his words and reality too, however objectionable that concept of equality might seem. Allowing one group to use freighted words like homophobe or racist or rapist to tarnish an individual’s reputation without proof violates a principle of fairness that some of us hold dear. If hate-speech is to be expanded in our criminal codes, and in Canada that seems inevitable, I suggest we include the egregious misuse of these accusations too. If we are to take the idea of diversity seriously, we can do no less for those who are falsely maligned.

I ask this again. Will parents continue to have their right to teach their children in accordance with their deeply held faith beliefs or will they be subjected to accusations of hate speech for simply living out tried and true principles which are informed by their belief in the supremacy of God, as affirmed in our Charter of Rights and Freedoms? Will faith leaders who teach their congregations to follow the principles clearly laid out in God's word also be subjected to accusations of hate speech, or will they be free to continue to practise with freedom as the UN Declaration of Human Rights declares?

I now echo the Right Hon. John Diefenbaker, whose view of Canadian freedoms expresses what we should all hold dear:

I am a Canadian, a free Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.

In closing, I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

“Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code, be not now read a third time, but be referred back to the Standing Committee on Justice and Human Rights for the purpose of reconsidering all of its clauses with the view to hearing from witnesses in relation to the impact of the bill on freedom of expression”.

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, I want to thank my colleague for sharing wise words and support for a very important bill, which would grant human rights to all Canadians. Today we are talking about making sure that transgender and gender-variant Canadians receive the same protection as other Canadians.

I am wondering if my colleague might comment on the long road it has taken to get Bill C-16 here and why it is important at this time that the federal government take leadership. Perhaps she could share with us how speedily we can see this come forward and make a difference in people's lives.

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

Mr. Speaker, it is an honour today to speak in support of Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code, particularly because today we are on the eve of the Transgender Day of Remembrance, which is Sunday, November 20.

It is a day that gives us a chance to remember and reflect upon the discrimination that has been suffered and continues to be suffered in our country by the transgender community but also to give strength and think about how we go forward.

Today my heart has been warmed to hear the debate and the very non-partisan nature in which we have exchanged ideas. That helps to pave the way forward as we look at a bill such as Bill C-16.

Since I have taken my seat in this place, I have taken a lot of time to think about what it is I treasure about our country and about Canadian values. To me, it is being a safe and welcoming place and celebrating our diversity. The two are interconnected, because we cannot celebrate our diversity if we are not a safe and welcoming place. This bill helps us to become a more safe and welcoming place.

I grew up in the 1970s. There was a record that was very popular at the time called Free To Be You And Me. It said:

Don't dress your cat in an apron
Just 'cause he's learning to bake.

There were all sorts of other songs and poems, but the theme, the lesson for all of us, was that we all had the opportunity to grow up being true to ourselves and who we were and that no one should be defining us.

That is something that, as a parent today, I take very seriously. I want my children, all of our children, people growing up in this country, to know that they have that freedom. They should be comfortable and safe being true to who they are.

It goes to principles. An organization called Gender Spectrum states that a person's gender identity is “[o]ne’s innermost concept of self as male or female or both or neither—how individuals perceive themselves and what they call themselves”.

That is what we are talking about today. Bill C-16 creates a protection for gender identity and gender expression that helps pave the way. It states:

This enactment amends the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination.

We have had some discussion about that today, and it has already been pointed out that this is not the first time this type of protection is being added to human rights codes. In fact, across our country, most of our provinces and territories have already adopted such protections. We are catching up federally. It is an important step we must take. Discrimination is still an issue, and it is something this legislation needs to address.

Trans Equality Canada has provided some statistics. The unemployment rate in Ontario for transgender people is three times the national average. Nationwide, from a survey of transgender youth, three-quarters of transgender youth have faced verbal harassment in school, and 37% have faced physical violence.

If we want to be that safe and welcoming place that I believe our country is and should be, then we need to step up and provide these protections.

The bill also makes amendments to the Criminal Code. It expands the Criminal Code prohibition against hate propaganda to include protections for gender identity and gender expression. It also requires sentencing judges to consider whether an offence was motivated by bias, prejudice, or hate based on gender identity or gender expression.

These amendments to the Canadian Human Rights Act and the Criminal Code are particularly important, as I have said, as we lead into the Transgender Day of Remembrance and we take stock and reaffirm our commitment to ensuring that this does not continue to happen.

Transgender Europe is a European advocacy group. They monitor violence against transgender communities and gender-diverse communities worldwide. From October 1, 2015 to September 30, 2016, they recorded 295 murders. That is a tremendous number, and that is only what was reported and recorded. These are individuals who deserve our protection.

Bill C-16 is a first step in that direction. It is a first step for us federally to provide further protection.

I want to take a step back and acknowledge that it is not just legislation that is going to get us there. That has been mentioned in this place before. We are going to have to look at how we can be a safe and welcoming society. It is not just a matter of legislation, but it is a first step.

I want to acknowledge the work that is being done on the ground by so many people. I would like to begin by acknowledging the work that has been done by the member for Esquimalt—Saanich—Sooke on this issue. He has been working on it for a long time. It is important to have advocates who make sure that we keep working on issues.

My own community has the Triangle Program, which is Canada's only LGBTQ high school. It celebrated its 20th anniversary this year, which is really quite amazing. A member of my community, John Campey, helped to create that high school, and it is a safe and welcoming place.

Other individuals in my community work very hard. One is Susan Gapka. I am sure that Susan Gapka is watching closely as we continue this debate today. Another individual is Rachel Lauren Clark. These are two individuals who work fiercely to advance these issues.

We also have MCC Toronto, the Metropolitan Community Church. It works hard to build a safe place within a faith community.

There is a trans-resource education and advocacy team. I love that the acronym is TREAT. It creates an education network and an advocacy network for gender-diverse people and allies.

On Canada Day this year, I had the opportunity to go to the trans fair and see so many people taking on these roles. I have named some here today but there are many people who are working hard in our communities. They need to be honoured, because that is how we are going to make progress beyond having a bill, which as I said, is a first step.

Parliament has a poet laureate, George Elliott Clarke. I asked if he could write a poem to do with Bill C-16 and transgender and gender-diverse communities. He wrote quite a beautiful poem that really captures a lot of what we are talking about today.

I should mention that an excellent translation of the poem was done by Robert Paquin.

Today I will read the English version of the poem only.

Now, you and me and he and she and they
Are pronouns defining Humanity,
But they're not—really not—definitive:
For how we lean determines how we live.
Note that he is within she or that she
Includes he: fluid is identity;
Male is partly female, because female
Carries male. To whit, Gender's not a jail.
So, to be transgender is to be free
To be one's entire personality,
A chosen body, unfrozen from Fear,
Liberated from Custom, free to dare,
To wear what fits, not what suits restrictions,
And to be facts, not plausible fictions.
Transgender's transgressive because it frees
Masculine and feminine, as they please.

I would like to thank our poet laureate for that lovely poem that really summarizes a sentiment that I believe underscores Bill C-16 and why we need to move forward with this legislation.

It has been an honour to speak today in support of this legislation. I am hoping that we can stand up as a House and support this important step.

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, given the track record of the bill, one has to not take anything for granted. I think most of us are empowered to feel that in this day and age, surely the Senate will move forward, that it will not look back at the House and not follow through on what I hope is the passing, finally, of Bill C-16. One does wonder, when a bill like this has gone through the House so many times and has not been passed by the Senate. My hope would be that finally the day will come and we will see equal human rights for all Canadians.

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

Mr. Speaker, I thank my colleague from Saskatoon West for the work she has done in this House on LGBTQ issues and for her support today for Bill C-16.

Earlier in one of the questions on the bill, the member for Churchill—Keewatinook Aski raised the question of two-spirited Canadians. I want to mention the conference taking place in my riding on the 25th and 26th, at the Victoria Native Friendship Centre, called 2 Spirits, One Heart, One Mind, One Nation. It is a B.C. aboriginal youth conference.

What I have heard many times, and I am asking the member if she has heard the same thing, is that some of the most discriminated against people are in fact transgendered aboriginal Canadians. Quite often they have the worst employment situation, the worst housing situation, and the worst alternatives facing them.

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, today I rise to speak on an issue that is close to my heart. It is an issue that my colleague, the member for Esquimalt—Saanich—Sooke, has fiercely dedicated himself to over the years. We just heard about the long struggle and fight he had. I am humbled to share my time with him today, and I want to formally thank him for fighting to include explicit protection for gender identity and gender expression in the Canada Human Rights Act.

I also want to add my tributes to the the groundbreaking work of former parliamentarians, Svend Robinson, Bill Siksay, and Craig Scott, all of whom were instrumental in bringing us closer to the inclusive society we want to create.

As the deputy critic for LGBTQ issues, I want to acknowledge the work that the government has done to bring this file forward. I applaud it for bringing this first critical step forward, with the introduction of Bill C-16.

Let me begin by reminding the House, as my colleague has, that this legislation should come as no surprise. Identical legislation has been presented numerous times to the House over the last five years, most recently in 2015, when the bill was left to die on the Senate's Order Paper at the time that the election was called.

This bill has been studied, reviewed, and, most importantly, it has been accepted by elected members of the last Parliament. Now Bill C-16 presents an opportunity for this government and this Parliament to show leadership at a time when our country and our global community needs it the most. We know that existing provincial patchwork legislation is not sufficient. We know that only seven of the 13 provinces and territories currently protect against discrimination based on gender expression and identity in their human rights codes. Canadians deserve swift federal action to provide leadership and to ensure protection in federal law against discrimination.

Earlier this year, people around the world witnessed the heartbreaking and gruesome events in Orlando. Words cannot convey how needless this tragedy was. The recent election in the United States, sadly, has given all of us even more reason to fear for our safety and our rights. May it serve as a heavy reminder that our global community remains unsafe for people who identify as LGBT or Q, and may we redouble our efforts to end bigotry and hatred.

Canada has an opportunity to show leadership within the international community. I suggest that we remember our responsibility as a signatory state to the UN declaration on sexual orientation and gender identity. Let us affirm our commitment to these obligations and secure equal rights for trans and gender variant Canadians by adding gender identity and expression as prohibited grounds for discrimination under the Canada Human Rights Act.

As our country strives to be more inclusive, I will reflect upon the past, which unfortunately is riddled with instances of discrimination and violence toward the LGBTQ community. Thankfully, it is also full of tales of hope and resistance.

Not so long ago, on February 5, 1981, more than 250 gay men were arrested in Toronto for visiting bath houses. Many of those arrested in Operation Soap were publicly humiliated and faced lifelong repercussions as a result of this assault. I urge that we do not forget these dark moments in our history, as we forge our way forward to a future that is more fair and just for all Canadians.

In my riding and the surrounding area, we have a strong record of organization and activism around LGBTQ issues, from the Saskatoon gay liberation, led by Gens Hellquist in the 1970s; to Gay and Lesbian Health Services of Saskatoon, started in 1991, which continues its important work today as OUTSaskatoon; to the annual Breaking the Silence Conference, now in its 20th year, organized by education professor Don Cochrane at the University of Saskatchewan.

In 1999, Mount Royal Collegiate, a high school in my riding, was the first high school in the province to have a gay-straight alliance for students, spearheaded by teacher Patti Rowley. In June of this year, Beardy's & Okemasis First Nation held the first-ever Two-Spirit Pride Festival and parade on a first nation in Saskatchewan. We are lucky to have a robust history of community activism and work.

This activism has pushed governments to recognize the rights of the LGBTQ community, and has in many cases provided essential services to those who need them most. However, organizations and community activists alone cannot ensure that the rights of the LGBTQ community are respected. We need federal protections that explicitly prohibit discrimination on the basis of gender expression and identity. We need Bill C-16.

When the Minister of Justice introduced the bill, she noted that all Canadians should be safe to be themselves. I do not believe any one of us would disagree with that.

However, the hard truth of the matter is that not all people in Canada are safe to be themselves. Systemic discrimination toward the LGBTQ community persists across Canada, and perhaps most notably in our schools. LGBTQ students are three times more likely than heterosexual students to be bullied. Roughly 74% of trans students report having been verbally harassed about their perceived gender identity or sexual orientation, and nearly 40% of trans students report having been physically assaulted.

The bravery displayed by our young people who report physical and verbal assault after it happens is truly remarkable, but I am heartbroken, as many are, and utterly dismayed by the fact that seven out of 10 trans students are being harassed because of who they are.

It is not just young trans Canadians who desperately need a more compassionate Canadian society. Trans and gender variant Canadians of all ages face unique barriers.

Many Canadians are unable to secure identification that correctly reflects their gender identity, which in turn imposes severe restrictions on their mobility and limits access to essential services. Those who identify as trans or gender variant face a real struggle to earn a decent standard of living. They are discriminated against in the workplace and are often unemployed or underemployed.

We cannot stand idly by while such discrimination takes place in the workplace. In 2016, we need safe gender neutral spaces, including public washrooms. For Canadians who identify as trans or gender variant, this challenge can be at best a nightmare, or at worst, life threatening. It is unacceptable that so many Canadians face these challenges each and every day.

We must do better, and we can start by extending trans and gender variant Canadians the same rights and protections that all Canadians enjoy under the Canada Human Rights Act.

We have so much work to do in order to achieve the inclusive Canada we all envision. However, we have an exciting opportunity before us to make the lives of trans and gender variant Canadians better, by supporting Bill C-16. The bill is an important and critical step forward on a long, slow, but steady march forward in the struggle to enshrine in law equality for all.

Next week, on Sunday, communities all over Canada and around the world will pause on November 20 to observe the Transgender Day of Remembrance. On that day, we will remember and honour those who have died due to transphobia.

Let us not just remember, let us not just honour, but let us act. I urge the government to act, to pass this long overdue legislation without delay. I urge all members of this house to support Bill C-16 to ensure the protection of human rights for all Canadians.

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

Mr. Speaker, as I join this third reading debate on Bill C-16 today, I want to take this opportunity to mark the Trans Day of Remembrance, which will be taking place this Sunday, November 20. This year marks the 17th annual Trans Day of Remembrance, which memorializes trans people who have been murdered over the past year. This year we remember the more than 86 lives that were senselessly lost to transphobia and hate around the world and in Canada. We know that this number is only the tip of the iceberg and that there are thousands of instances of violence perpetrated against trans people every year that go unrecorded or unreported.

This Trans Day of Remembrance is not only a day to mourn but a day for trans people, their loved ones, and allies to come together and to grow our strength and resiliency on the road to ending transphobia once and for all.

As people come together this Sunday across Canada and around the world, I want them to know that here in this House we know trans people are still targets of violence and hate at undeniably troubling rates. We see the statistics about homelessness and suicide rates among trans and gender-diverse youth, we hear trans people when they say they still cannot access necessary health care, and we hear trans people on the importance of being able to access appropriate identity documents.

Passing Bill C-16, whether that's this afternoon or Monday, is just the start of working through the challenges that face trans and gender-diverse Canadians, but it is a vital first step. The federal government and its agencies will have to get busy making sure policies and practices respect the full and equal rights of transgender and gender-variant Canadians.

I will spare the House an extended metaphor about Charlie Brown, Lucy, and the football, not only because of its rigid gender stereotypes but also because of its deeply embedded misogyny, where the problems of men are always caused by women, but nevertheless I have to use that analogy to say that the trans community is justifiably frustrated as we are now on the way to the third passage of this bill through the House of Commons. What other group of people in Canadian society has had to wait while this House of Commons passes three times a bill that would only recognize that they are entitled to the same rights and protections as all other Canadians?

Let me repeat the story of the journey of this bill through Parliament, hopefully for one last time.

This bill was first introduced by former NDP MP Bill Siksay in 2005. He reintroduced it again in 2007 and again in 2009. On this third attempt, although it took two years, in the spring of 2011, Bill actually saw his bill passed by the House, only to see it die in the Senate when an election was called.

When I was elected, I spoke with Bill, and he asked me to pick up that private member's bill, on behalf of the NDP caucus, and to take that struggle forward into what was a Conservative majority Parliament and, therefore, did not look very promising for the bill. I introduced my version of the bill on September 21, 2011. I stand here now more than five years after I began my attempt to get this bill through. The bill was passed through the House of Commons on March 20, 2013, with the support of I believe it was 19 members of the Conservative caucus at that time. That came as a bit of a surprise to many Canadians. Then it went off to the Senate and what was even more surprising is that, though the Senate had more than two years to deal with the bill, it failed to do so before the election was called. For a second time, a bill guaranteeing equal rights and protections to transgender and gender-variant Canadians died in the unelected Senate.

While this proposed legislation has been languishing before our federal Parliament, some progress has still been made. I would again say that I would like to think that the debate here in this House has helped bring forward progress elsewhere. In the meantime, nine provinces have adopted corresponding provincial human rights legislation. I have to say that in my second reading speech I miscounted, which proves one should use notes for these things, but we have seen corresponding provincial human rights legislation first in the Northwest Territories, then in Ontario, Manitoba, and Nova Scotia in 2012, Newfoundland and P.E.I. in 2013, Saskatchewan in 2014, Alberta in 2015, and British Columbia and Quebec this year.

The issue of trans rights is not a partisan issue. Amendments to protect against discrimination on the basis of gender identity were proposed by NDP governments in Alberta, Manitoba, and Nova Scotia, a Liberal government in P.E.I., and Conservative governments in Saskatchewan and Newfoundland. The amendments to their provincial human rights codes in Quebec, Ontario, and B.C. passed with all-party support.

Nor is progress on trans rights limited to the Canadian context, and I want to say again that we have lost a chance by our delays here in the House to be a leader around the world. Now, more than 18 countries have passed Canada up with explicit protections of the kind that are proposed in Bill C-16, and the list is surprising in its diversity.

These are not just the western European countries or North American countries. In fact, they reflect all cultures around the world. Argentina has in fact been the world leader in protection of the rights of transgender citizens and continues to be so. However, the list also includes Uruguay, Bolivia, Spain, France, Ireland, Estonia, Croatia, Montenegro, Albania, Israel, Cypress, Nepal, Australia, and New Zealand, among others.

In the United States, 16 states plus the District of Columbia provide explicit protections for transgender residents, and there are some good signs amidst the gloom in the United States. The North Carolina governor, Pat McCrory, who had brought forward a bill to explicitly allow discrimination against the LGBT community, was defeated in those elections and largely over what was called House Bill 2, which would have really gone against the American tradition of acceptance, tolerance, and liberty by promoting discrimination against North Carolinians.

However, there is still some gloom. The President-elect Trump has promised to rescind Executive Order 13672 that President Obama put forward in 2014, which protected transgender and gender-variant Americans against workplace discrimination. Interestingly, at the time, Obama pointed out that he felt the U.S. government was lagging behind business in the United States, as almost all the Fortune 500 U.S. companies, the biggest 500 companies in the U.S., already had internal policies protecting transgender people against discrimination.

I have said before in speeches here that certain businesses in federal jurisdiction, in particular the TD Bank, have set an example of how to deal with employees if they go through a transition. The Canadian Labour Congress has produced guides for transition in the workplace that it has made available to all of its union members across the country.

Again, others have moved forward faster than we have here in this Parliament. In fact, today we are here 11 years after the first introduction of the bill, nearly five years after it first passed, and coming up on three years since it passed in the previous Parliament. However, some things have changed, and now in the recorded vote at second reading, we saw nearly half of the Conservative caucus join the Liberals and New Democrats in supporting the bill.

What has really changed? I would say the important change here is that it has become a non-partisan issue, and that is due to the work of transgender and gender-varied activists who have been very vigilant about contacting their members of Parliament and talking to them about their stories and why they need the support of their members of Parliament to make sure that their rights and dignity are respected in this country.

Far too many of these stories are indeed tragic, and I can spend a long time recounting them, but time is, of course, short today. I will just point out the study by Egale, published in 2011, called “Every Class in Every School” shows the severe impacts of transphobia on students in this country, where 90% of trans students reported hearing daily or weekly transphobic comments, and where 78% recorded feeling unsafe at school.

No, the bill does not directly affect schools, as they fall under provincial jurisdiction, but it tells us the size of the problem we face in combatting transphobia in this country.

This is the last remaining gap in Canadian human rights legislation, and I do look forward to it being filled by judicious and expeditious action by the new Senate. The transgender and gender-variant community in this country is asking for equal rights and dignity; the same rights and dignity that all other Canadians enjoy, nothing more, nothing less.

I look forward to the passage of Bill C-16 today or Monday, as I have said, and I am hoping the Liberal government can ensure its swift passage through the Senate.

As I mentioned, what other group has had to wait over a decade while the House of Commons passes legislation to affirm their rights three times? If this is not the time to guarantee equality for all Canadians, then when would that time be?

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 third time and passed.