Mr. Speaker, I am pleased to be able to participate in the debate on Bill C-389, which aims to add gender identity and gender expression to the Canadian Human Rights Act and to the hate crimes provisions of the Criminal Code.
I have always been an ardent defender of human rights, including the rights of transgendered people. Transgendered Canadians face an unacceptable amount of discrimination in their everyday lives. Any amount of discrimination is unacceptable, but I must point out that transgendered Canadians face a much higher level of discrimination than others. Too often they are the victims of discrimination in the workplace and health care system, and they are more likely to become victims of violence.
In no way will this bill lead to the decriminalization of any form of sexual exploitation. I believe that such crimes are the most reprehensible in our society. I also find it extremely offensive to categorize all transgendered individuals as peeping Toms, pedophiles or rapists, as some do. I am proud to support this bill.
There are a number of myths surrounding this bill and the impact it will have. I would like to speak about the eight main myths and show that they are not based on truth or fact.
As I just mentioned in French, there are eight principal myths that are being promoted to oppose Bill C-389 and I wish to debunk them in the House.
Myth number one is that Bill C-389 would provide an opportunity for pedophiles to hang out in bathrooms, waiting for young girls. This is completely false. Pedophilia is an heinous crime in all circumstances, without exception. Pedophilia is punishable under the Criminal Code of Canada under section 151. Section 151 stipulates:
Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years...
In no way whatsoever would the bill permit any form of sexual exploitation, including pedophilia. I find it offensive to characterize all transgendered individuals as pedophiles, as some have done in their opposition to the bill.
Myth number two is that the bill would expose our children to perverts in public showers and changing rooms. We already have heard members of the NDP, including the sponsor of the bill, address this, but I would like to address it again.
This is, again, a completely false statement. As indicated above, in no way whatsoever would the bill permit any form of sexual exploitation. Any form of sexual exploitation is punishable under our Criminal Code. Therefore, for people to claim that the bill would legalize sexual exploitation, in certain cases, is completely false. They know it is false, and shame on them for trying to use that as an argument against the bill.
Myth number three is that the bill would override other criminal laws. It is shameful that anyone would try to use that argument to oppose Bill C-389. Part V of the Criminal Code of Canada is clear on what constitutes a sexual offence. Nothing in Bill C-389 would supersede or override these provisions, regardless if one is transgendered or not. Therefore, for people to promote that myth, shame on them.
Myth number four is that teaching of gender expression in schools would become mandatory. There is not a single provision in the bill which would require the teaching of gender expression in schools. Anyone who claims there is should have the courage to stand and point out where that is in the bill. There is nothing in the bill that would require the teaching of gender expression in our schools.
Myth number five is that Bill C-389 would promote sexual confusion among vulnerable teens. According to the American Psychological Association, sexual orientation, “refers to an enduring pattern of emotional, romantic, and/or sexual attractions to men, women, or both sexes”. That comes from “Answers to Your Questions For a Better Understanding of Sexual Orientation & Homosexuality”, Washington, DC, United States, 2010.
The bill would not promote sexual confusion. If anything, it would promote sexual clarity. We have heard about how young teens who are transgendered are thrown out of their homes are subject to discrimination. For teens to feel safe about expressing their gender, sexuality and identity is necessary in a free and democratic society that promotes the rights of everyone and seeks to protect individuals and groups from discrimination. This bill would move that fight and that protection so much further in a positive way.
Myth number six is that Bill C-389 is being advanced for a tiny group of sexual activists. Again, this is completely false. Transgendered individuals face an unacceptable amount of discrimination in their everyday lives and are likely to become victims of violence. We have heard it again and again, whether it be from testimonials, which were read by the member sponsoring the bill, or from the letters the member for Halifax has received from transgendered individuals, or from friends or relatives of transgendered individuals expressing the kind of violence that transgendered individuals face in our society today.
Although transgendered individuals constitute a small minority of the Canadian population, all Canadians have an equal right not to be subjected to discrimination. This bill is being advanced in the name of equal rights. It is not because there is one, or ten or a hundred that discrimination is justified. It is not justified. All Canadians, regardless of their sexual orientation, their gender expression or identity have a right to be safe, to work, to equal access to health services, to lodging and to move about in our society without fear of being victims of violence because of their gender expression or identity. If adopted, the bill will go a long way to ensuring that.
Myth number seven is that Bill C-389 would make any complaint against transgendered individuals a hate crime. Again, this is completely false. Not all complaints against transgendered individuals will be considered hate crimes. The Canadian Human Rights Act defines a hate message as:
—any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.
Only messages relating to transgendered individuals that fall within the above definition would be considered hate messages. This is currently the case for messages related to one's race, national or ethnic origin, colour, religion, age, or sex.
I will have to end there because my time is up. However, I support the bill and I urge all my colleagues, including those of my caucus, to support it. I am pleased it was adopted in the past vote.