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.

Canadian Human Rights Act

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

Mr. Speaker, I would like to thank my friend for really providing so many thoughtful comments on this issue.

I was looking at a quote from somebody in my community who was quoted in Toronto Life. She writes:

....By the age of about eight, I knew exactly who I was. The words played in my head on a perpetual loop: “You're a girl, you're a girl, you're a girl.” But when I acted like one, I was punished.

That speaks to me. As a parent, I really want to believe that children can be true to themselves and live their lives in a way that is authentic to who they are. This is why it is so important for us to be having this debate today and to be putting forward this bill.

I was happy to hear some comments about faith. In my community, we have the MCC Toronto, the Metropolitan Community Church, which has played such a vital role in being a place of faith that supports people in our community. In fact, as part of MCC Toronto, is T.R.E.A.T., the Trans Resource, Education, and Advocacy Team, which is a group of trans people and allies. It is a place where people can find a spot within their faith to support equality in our community to ensure everyone feels supported in who they are. That is such an important thing on the eve right now, the Transgender Day of Remembrance which is coming on November 20. That day highlights for us exactly the astounding issues across the country for trans people. The fact that we need to have the Transgender Day of Remembrance is so important and it shows how much more we have to do.

In that background of having, still, the need for a Transgender Day of Remembrance, of knowing that there are people in our community who feel that they are going to be punished for who they are, could he speak to how this bill will help that community and all those people to be true to who they truly are?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I appreciate the question from my colleague. She is quite right in her assessment. We need to recognize that the legislation we are debating today sends a very powerful message. It is not just a law that we are changing, which will have a fairly significant impact on the lives of many, but there is a certain amount of symbolism in the legislation. That is not to say that it is just symbolism. This will have a profoundly positive impact for those who genuinely believe in equality and want to fight discrimination.

Going back to the young lady to whom the member made reference, many in our society find it very difficult to understand the discrimination and the issues they have to overcome. That is one of the reasons we see a higher suicide rate, or people at least thinking about committing suicide.

As legislators, we can do things to address the issue. Today we are debating legislation that will have a positive impact in a number of ways, not just the most obvious way of changing the law. Rather, it is about education. It is about tolerance. There will be an ongoing dialogue as a direct result of this.

Ottawa is to demonstrate leadership. Other provinces have already moved, and some provinces need to move a little more. In the past, Canada has played a very strong international role. Passing this legislation and making it a part of our Human Rights Act will give Canada that much more clout when we talk about issues such as this internationally.

It is a win-win in many different ways. We know that discrimination takes place. The real winners will be individuals who are at the receiving end of that discrimination. I believe it will make a difference. I came to Ottawa for that. I know that is why MY colleagues came to Ottawa. We want to contribute to the broader debate.

We are very fortunate that we have a Minister of Justice who has been able to bring forward this legislation, and not only this one. This is her second major piece of legislation. It challenges members to think about what they want to accomplish. It allows us the opportunity to make a difference by voting for this.

Bills of this nature have a profound impact on society as a whole. I sat on opposition benches, primarily, where we saw legislation that would tinker with this or that. Because we have a Prime Minister who is committed to issues such as this, we have witnessed, in a very short time span, substantial legislation that we believe will make a difference in society. We should all be very grateful for this. I believe our constituents are well served when we have debates of this nature.

I would encourage members to look at passing the legislation and allowing it to go to committee.

[Bradley Trost, Conservative, Saskatoon—University, SK]

Mr. Speaker, with just two minutes left in the debate, let me put on the record my opposition to Bill C-16 and say very clearly that I am opposed to this legislation because it is impractical, unworkable, and it is legislation that, both as a social Conservative and as a free speech libertarian, I am opposed to.

While I was not all that well prepared for it, I will state those particular views.

I have noted a couple of cases in my questions and comments which have indicated my problems with it, in particular the Vancouver Rape Relief Society that was in opposition, and had some legal issues. It would have more legal difficulties with this going forward.

I would also note that there are some free speech issues. We see them with University of Toronto clinical psychology professor Jordan Peterson who has been discussing this bill.

We need to understand this and we need to talk about it. This legislation would affect all Canadians, not just people who are being specifically noted and brought forward in this bill. I want to make this clear. As Conservatives, me included, we do not support discrimination against anyone in our country, but this legislation has impacts that are not always seen and that will actually promote discrimination against people who want to support more traditional values or who want to engage in free speech.

I see the time is coming up fairly close to the hour, so I will wind up my rather short speaking remarks on this legislation. This is a big government solution to a problem that does not exist. As Conservatives, we should be opposed to big government solutions. The purpose of human rights legislation should be, by and large, to restrain the government, not to actually input new discriminations against other people. I realize that is not the intention or the argument the hon. members are making on the other side, but it is something I firmly believe this legislation would do. I am prepared for questions and comments.

[The Speaker, Liberal, Geoff Regan]

Questions and comments.

Seeing none, is the House ready for the question?

[Some hon. members]

Question.

[The Speaker, Liberal, Geoff Regan]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Speaker, Liberal, Geoff Regan]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Speaker, Liberal, Geoff Regan]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Speaker, Liberal, Geoff Regan]

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

[Andrew Leslie, Liberal, Orléans, ON]

Mr. Speaker, I would ask that the vote be deferred until today at the expiry of the time provided for oral questions.

[The Speaker, Liberal, Geoff Regan]

So ordered.

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.