Debates of Oct. 18th, 2016

Canadian Human Rights Act

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

Madam Speaker, obviously the hon. member is correct. I have been working on this for five years. It was first passed by the House six and a half years ago, and if there is a villain in this story, it is the unelected Senate which has twice failed to pass this law. This law could already have been in place in this country.

I hesitate to mount a great attack on the other place today because I have no idea how its members will deal with future government bills, but I hope they will deal with this expeditiously and respect the will of the House and make sure this becomes law as soon as possible.

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Madam Speaker, here is a boy, and here is a girl. Easy, right? Not so fast. Let us just say that it is a bit more complicated than that. Sex assignment is not always clear-cut. Genetically, a person with two X chromosomes is a woman, and a person with an X chromosome and a Y chromosome is a man. However, some people have just a single X chromosome, and others have three. Others have two or three X chromosomes and one Y chromosome, while still others might have two Y chromosomes and one X chromosome. Clearly, this is anything but simple.

The bill before us today, Bill C-16, makes no mention of genetics. However, it does address an equally complex subject, that of gender identity and gender expression.

As far back as the 1950s, we began to understand that a person cannot be defined merely by his or her physical sexual characteristics and to distinguish between “sex” and “gender”. In 1994, United States Supreme Court Justice Antonin Scalia wrote the following in a briefing:

The word gender has acquired the new and useful connotation of cultural or attitudinal characteristics (as opposed to physical characteristics) distinctive to the sexes. That is to say, gender is to sex as feminine is to female and masculine is to male.

I think it bears repeating, so once again, the word “gender” has acquired the new and useful connotation of cultural or attitudinal characteristics as opposed to physical characteristics, distinctive to the sexes. That is to say, gender is to sex as feminine is to female and masculine is to male.

Justice Scalia clearly states that “sex” and “gender” are two different things.

Transgendered individuals are people whose sexual identity does not correspond to the physical sexual characteristics with which they were born. They literally do not feel comfortable in their own skin, in the body nature gave them. They feel feminine, but have a male body, or they feel masculine, but have a female body.

With that in mind, it is easy to imagine the discrimination, prejudice, harassment, and violence these individuals are often subjected to. A shy teen, a small man, and a kid with above-average intelligence are often harassed. Now imagine someone who is transgendered.

Statistics are an excellent way to illustrate the discrimination transgendered people are subjected to. In Ontario, for example, 71% of transgendered individuals earn less than $30,000 a year. My colleague from Esquimalt—Saanich—Sooke provided some statistics earlier on poverty rates among transgendered people, and those figures were far more grim than what I just mentioned.

According to Egale Canada, 90% of of transgendered students reported being bullied on a daily or weekly basis. That is a lot. In addition, a few months ago, a medical clinic in Montreal that performs gender-affirming surgery was targeted by arson.

The prejudice and violence are very real. That is why, over the past several years, the NDP has been introducing bills in the House of Commons of Canada to stand up for the rights of transgendered Canadians and protect them from discrimination.

The main purpose of these bills was to add protections to the Canadian Human Rights Act and the Criminal Code based on gender identity and gender expression. That is what Bill Siksay, the former NDP member for Burnaby—Douglas in British Columbia, did in 2005. Because he thought this cause was so important, he introduced the bill twice in the House of Commons, in 2006-07 and 2008-09.

This issue is so important to the NDP that my colleague from Esquimalt—Saanich—Sooke, who sits beside me, took up the torch and almost succeeded in having the bill passed in Parliament. The Green Party, the Bloc Québécois, and many Liberal and Conservative members voted in favour of it.

However, the unelected and unaccountable Senate decided to let the bill die on the Order Paper, even though it had been passed by members who were duly elected by Canadians.

As a result, after over 10 years of debate, these people, who are too often the victims of harassment and violence, still do not have any protection. The NDP is therefore pleased to see the government introduce Bill C-16. We have been asking for this for a long time. However, I am worried that this is just smoke and mirrors.

Since I am an optimist, I want to believe that the government really intends to protect this vulnerable segment of the population. After all, the last time, all of the Liberal members who were present for the vote voted in favour of Bill C-279, which was introduced by my colleague from Esquimalt—Saanich—Sooke.

However, this time, the context is different. Today, the Liberals form the government and hold a majority of seats in the House of Commons. They can therefore ensure that Bill C-16 is passed at second and third reading. I challenge them to do so.

The House has passed this bill twice already and the government can ensure that it passes quickly through all stages of the legislative process. Then there would be one remaining important stage, which, in my political party, we would be happy to do without. However, since the Senate still exists, we will have to work with it. I challenge the Liberals to talk to their Senate colleagues, those the Prime Minister kicked out of the Liberal caucus, but who still feel like Liberals, and to convince them that the changes that Bill C-16 makes to the Canadian Human Rights Act and the Criminal Code are just and important to transgendered people.

As far as my Conservative colleagues are concerned, during the March 2013 vote, 18 of them, including some cabinet ministers, supported a similar bill introduced by my NDP colleague from Esquimalt—Saanich—Sooke. Other members among their ranks, including their leader, recently said that they would support Bill C-16. I hope that many others will join them to ensure that this bill is finally passed.

I would hope that, as with the Liberals, these Conservative members who see the merits of this cause will work to ensure that their Senate colleagues do not allow this bill to die on the benches of the other place yet again. I think it would be a national disgrace if this bill is not passed.

Bill C-16 would add gender identity and gender expression to the list of prohibited grounds of discrimination in section 2 of the Canadian Human Rights Act. It would also amend the Criminal Code to include gender identity and gender expression as distinguishing characteristics protected under section 318, and as an aggravating circumstance to be taken into consideration under section 718.2, hate crimes, at the time of sentencing.

Since 1970, 948 transgendered people have been murdered around the world. This number is probably much higher, but most countries, including Canada, do not note the status of transgender in files involving violence.

Nevertheless, the evidence is clear: transgender people are victims of discrimination, prejudice, harassment, and violence. Therefore, it would be disgraceful to let down transgender Canadians once again. Trans and non-binary gender Canadians have been waiting for far too long to have legal rights in Canada.

Let us work together for this humanitarian cause and ensure that Bill C-16 passes quickly in the House of Commons and in committee, and just as quickly in the Senate, so that it becomes a law that Canadians can be proud of.

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

Madam Speaker, I have had the opportunity to listen to a number of speakers on the legislation thus far, and it is really encouraging to hear comments such as those made by the member across the way.

We recognize that over the years there has been a greater appreciation of transgender identity by all Canadians. That is an encouraging sign. We hear individuals talk about no tolerance with respect to bullying, hate speech, discrimination, and the importance of equal rights.

Could my colleague across the way provide her thoughts on the significant shift over the years toward a better understanding of equal rights for all?

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Madam Speaker, I think the fact that the leader of the Conservative Party, of all people, is planning to support the bill is a sign that people's thinking changes for the better over time. However, sometimes our way of thinking needs a little nudge in the right direction. We have to amend our laws to reflect shifts in thinking because laws are subject to interpretation. We have to protect people by making sure there is less room for interpretation, less subjectivity in our laws.

We also have to help the general population understand trans people's experience and the day-to-day hardships they face. As I said earlier, 90% of trans students have to deal with problems on a daily or weekly basis. That is a lot. We have to make sure people know what kind of problems trans people face.

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

Madam Speaker, I definitely support the need to eliminate discrimination against transgendered people. I also share the member's frustration with the Liberal government, and its tendency to talk a good story and then not take any actions.

I wonder if the member could say what actions she would like to see once Bill C-16 is enacted to make sure that it is most effective in eliminating this discrimination.

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Madam Speaker, there are so many possibilities. Earlier, we talked about the poverty rate among trans people. It can be very difficult for a man who wants to become a woman or a woman who wants to become a man to pay for that kind of surgery. The government could help people cover the cost of medical services. That would make a big difference. Costs range from $7,000 to $20,000 and probably much more. How can anyone earning less than $30,000 per year afford to spend $20,000 on surgery?

That is one way the Canadian government can walk the talk, as my leader likes to say. The government has to make sure trans people have rights, but it also has to enable them to live their lives more easily.

[Brigitte Sansoucy, NDP, Saint-Hyacinthe—Bagot, QC]

Madam Speaker, I congratulate my colleague for the work he has done on this issue over the past few years. I find it deplorable that we must vote once again on this issue. However, as a new MP, I am honoured to vote in favour of the bill.

In his speech, my colleague from Hochelaga mentioned that the Liberal government could act quickly on this file. As I am a new MP, I would like her to clarify for me what a government could do to “act quickly” on such a bill.

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Madam Speaker, we could send the bill to committee right away, where it could be studied very quickly. One day would probably suffice. We already have many studies and evidence from many witnesses. We do not need more. We know the facts.

Therefore, we should send the bill to committee, debate it here at third reading, vote quickly, send it to the Senate, and convince our Liberal and Conservative senators to do the same thing.

[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.

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

Madam Speaker, I thank the hon. minister for her very important work on the elimination of violence against women and against transgendered people. In our status of women committee, we have heard a lot of testimony about how, even where adequate laws exist, they do not eliminate violence alone. What additional steps does the member believe the government needs to take to eliminate violence against transgendered people?

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Madam Speaker, it is an excellent question. I think that legislation is the leadership we need to demonstrate to our country that these rights are inalienable and that people have the right to live safely in their communities.

However, the hon. member makes a very good point. Leadership is the first step. The next step is to bring Canadians along with us to create a culture where we understand that diversity is our strength, that we are stronger because of our diversity not in spite of it, and that when people have an opportunity to thrive and live in their communities and contribute to their economies in fact all of Canada is stronger.

[Brigitte Sansoucy, NDP, Saint-Hyacinthe—Bagot, QC]

Madam Speaker, I would like to thank my colleague for her speech.

As we heard earlier in this debate, the House has examined this issue for several years now. Witnesses have appeared before a committee.

Considering that this is the third time around for this bill, does my colleague not believe that the liberal government should expedite the committee's study to ensure that it is completed in one day and the bill returns to the House quickly, and then do what needs to be done for it to be passed by the Senate, which rejected it the last two times? This will ensure that rights are finally respected.

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Madam Speaker, I think we all want to see this legislation move forward quickly so that people, trans people, people of different gender identity and expression, have the same protections that other Canadians do.

I cannot speak to the committee's schedule, but what I can say is that it is this government's sincere desire to see this become law as soon as possible.

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

Madam Speaker, one of things I think we should try to pick up on is the importance of Ottawa playing a strong national leadership role on this whole issue. We know the provinces also have a role to play. By Ottawa taking action such as this, we are once again not only reinforcing a strong international leadership on such an important file, but we are also providing, I believe, the opportunity for provinces to look in terms of what is happening, because not all provinces are in fact the same. It is, in good part, a leadership issue also.

I ask if the minister would further comment on that.

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Madam Speaker, in fact, this is an important signal of leadership. When elected officials gather together and determine that a group of people deserves the same protections as all other Canadians, that is a strong indication of leadership. However, we are joining provinces that have made movement in this regard as well and are taking steps to ensure that those of us who are the most vulnerable, including people who have a different gender identity, have the right and the opportunity to live, contribute, and participate in their communities in fulsome ways. I think we are joining that work.

Absolutely, the question of leadership is an integral one. That is why we are so proud to be working on this issue today.

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

Madam Speaker, let me give a specific illustration in my question of why I will not be supporting the bill.

There was a rape counselling group in the Vancouver area that was hauled into the legal system because it refused to take, as a counsellor, a gentlemen who had transformed into a lady. The organization said it violated its principles. It only wanted someone to be a rape crisis counsellor whose entire life was as a woman.

Why should organizations like rape counselling organizations be discriminated against under legislation such as the government is proposing?

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Madam Speaker, I think the premise of the question is wrong. I think it instills the kind of fear that this bill is trying to combat. We have a role to play in showing and demonstrating to organizations across this country that this can be done, that this can be done well. It is happening in my province of Ontario. I am so proud of a province that has taken steps to mandate this in its provincial organizations; I am proud that accommodation is provided and that people are supported through their journey.

I reject the premise of the question.

[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.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, the question I would ask is in terms of actual law or even the importance of the symbolism of this debate and this law, in terms of affirming the rights of individuals to be protected from intimidation and violence.

I was at a high school last week in Timmins talking with young people. They talked about transgender rights in the school. I was fascinated by that, because I remember my high school years. I remember the violence, the bullying, and the shame, and what we saw on a day-to-day basis, against any young person who was considered to be potentially gay or was not manly enough or not girly enough, the kind of abuse that young people were subjected to. People I have known in my community have committed suicide from that kind of abuse.

What we are called to do in this Parliament is to affirm the importance of people, the importance of people making the choices they need to make and should be able to made.

Beyond the actual legal implications of this bill, there is the symbolism of the Parliament of Canada standing together and saying that transgendered people will be welcomed, they will be loved, they will be affirmed. What does my hon. colleague think of this?

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Madam Speaker, I thank my hon. colleague for his question.

In Canada, a nation built around the rule of law, there is no higher deliberative or legislative body than this august chamber that decides on the laws of the land, that talks about and speaks to freedom and liberty, and that from the highest offices of the land says that people of all races, religions, creeds, sexual orientation, and, soon I hope, gender expression belong.

I grew up in a time when, if the shirt I was wearing was a little too bright, I would walk down the halls of my university and everybody would say, “It smells like gay.”

We would have a day where we would be supporting the LGBTQ people on campus, and half the campus would make sure that they did not wear jeans that day, the kind of jeans they would wear every other day of the year.

The world has changed. The laws in our country have moved forward.

To my hon. colleague's question, when this august chamber passed laws to allow marriage equality, I knew for the first time in my country that I belonged. What we do here matters. This bill matters. Transgender people matter.

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

Madam Speaker, I appreciate my colleague's comments and the powerful way he expressed himself on such an important issue.

I will pick up on one of his comments. As things have changed, one thing I have noticed over the years is the concept of zero tolerance toward bullying and inappropriate behaviour and how important it is that we recognize that discrimination does exist today in a very real and tangible way. Could my colleague comment on the change he has seen in Canadian tolerance and toward a more aggressive and stronger leadership on protecting the rights of all individuals?

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Madam Speaker, the beauty of Canada is that we live in a pluralistic society. If we trace our roots back to the founding peoples, the indigenous peoples who welcomed European settlers here, and the social contract that we built with the English and French, and then later official bilingualism, which led to official multiculturalism and this amazing society we have, we are a rights-based society. We are a human rights-based society. We have extended rights through the LGBTQ community, but we still have more work to do on the “T” in that acronym.

Transgender people are some of the most vulnerable, marginalized, misunderstood people in our society. I would say to my hon. colleague, which he and many in the chamber indeed know, that we are moving beyond tolerance to acceptance. That is why this law is so important.

[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]

Mr. Speaker, I would like to thank my hon. colleague for his speech.

I am an openly gay man and an MP from Alberta, and I know that Quebec has a very open and tolerant society.

According to my dear colleague, the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, why is it important for the House to expand human rights to include the rights of transgendered people?

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

Mr. Speaker, I would like to thank my Alberta colleague for his question.

As the daughter of a prison warden and correctional officer, and the granddaughter of a police chief, I believe that all Canadians have the right to be respected. It is not for me to judge them. Everyone on Canadian soil should have the same legal rights. That is why I will be voting in favour of this bill.