Evidence of meeting #135 for Canadian Heritage in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was artistic.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Yipeng Ge  Family Doctor, As an Individual
Christine Van Geyn  Litigation Director, Canadian Constitution Foundation
Pierre Rainville  Co-Chair, Chaire de recherche France-Québec sur les enjeux contemporains de la liberté d'expression
Mathilde Barraband  Co-Chair, Chaire de recherche France-Québec sur les enjeux contemporains de la liberté d'expression

5:45 p.m.

Litigation Director, Canadian Constitution Foundation

Christine Van Geyn

It would be incitement of hatred, which is a much higher threshold than what you're describing, as terrible as the speech that you're describing is. You and I would never speak that way—

Taleeb Noormohamed Liberal Vancouver Granville, BC

Your position is that it should be permitted.

5:45 p.m.

Litigation Director, Canadian Constitution Foundation

Christine Van Geyn

That's not even [Inaudible—Editor] the government is proposing doing.

Taleeb Noormohamed Liberal Vancouver Granville, BC

My question to you is this: Should that type of speech be permitted? Is it okay to say those things?

5:45 p.m.

Litigation Director, Canadian Constitution Foundation

Christine Van Geyn

It is not okay to say those things, but it is legal to say those things in Canada.

Taleeb Noormohamed Liberal Vancouver Granville, BC

Let's move on to a topic we didn't get to. I only have a couple of minutes left.

One of the challenges we have seen recently is with gender-affirming care and what kids, young people and others who are not children are seeing when it comes to their rights and their freedom of expression.

Do you agree or disagree with Conservative politicians who continue to push rhetoric and limit freedom of expression for transpeople?

5:45 p.m.

Litigation Director, Canadian Constitution Foundation

Christine Van Geyn

Are you asking me if politicians should be able to make statements on what type of medical care or...?

Taleeb Noormohamed Liberal Vancouver Granville, BC

Should politicians be able to regulate what type of medical care, or what type of freedom people have to express their identity?

5:45 p.m.

Litigation Director, Canadian Constitution Foundation

Christine Van Geyn

That's not a freedom of expression issue. That's not an issue—

Taleeb Noormohamed Liberal Vancouver Granville, BC

Freedom of expression, when it comes to trans rights, is excluded. Is that what you're saying?

5:45 p.m.

Litigation Director, Canadian Constitution Foundation

Christine Van Geyn

That's not what I'm saying.

Taleeb Noormohamed Liberal Vancouver Granville, BC

Should politicians be in a position to regulate the freedom of trans people or prevent the LGBTQ2S community from expressing who they are and seeking care and treatment to be able to be who they wish to be or who they are?

5:45 p.m.

Litigation Director, Canadian Constitution Foundation

Christine Van Geyn

Is that happening? Can you give me the example?

Taleeb Noormohamed Liberal Vancouver Granville, BC

Yes, absolutely. There have been positions in the Conservative Party, including at their last convention, to seek to ban children from accessing gender-affirming care. Do you agree or disagree with that?

5:45 p.m.

Litigation Director, Canadian Constitution Foundation

Christine Van Geyn

I maintain that this is not an expression issue. Depending on what you mean by gender-affirming care, there's a broad spectrum of what that could include. It could include surgery. It could include pronoun use. It could include pharmaceutical interventions.

5:45 p.m.

Conservative

The Vice-Chair Conservative Kevin Waugh

Thank you very much, Ms. Van Geyn.

5:45 p.m.

Litigation Director, Canadian Constitution Foundation

Christine Van Geyn

Surgery is not a freedom of expression issue. There could be a section 15 claim and that you can litigate.

5:45 p.m.

Conservative

The Vice-Chair Conservative Kevin Waugh

Thank you very much. We're at the four minute-plus.

Thank you, Mr. Noormohamed.

Thank you to the guests.

Ms. Van Geyn, thank you, and thank you to Mr. Ge along with Ms. Barraband.

Thank you for coming today, Mr. Rainville.

I want to thank each and every one of you.

Is the committee in agreement that we'll adjourn this meeting?

Some hon. members

Agreed.

The Chair

Thank you.