House of Commons Hansard #92 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was trans.

Topics

Parks Canada Agency ActRoutine Proceedings

10:05 a.m.

Conservative

Gord Brown Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

moved for leave to introduce Bill C-315, An Act to amend the Parks Canada Agency Act (Conservation of National Historic Sites Account).

Mr. Speaker, I rise today to introduce my private member's bill, an act to amend the Parks Canada Agency Act, regarding a conservation of national historic sites account. I had introduced this bill in the previous Parliament and it came forward from some of my constituents.

The legislation would permit national historic sites operated by Parks Canada to maintain a separate account for donations that would earn interest and that interest could be used for the restoration and preservation of that site.

I have a number of national historic sites in my riding, including the Battle of the Windmill National Historic Site, Fort Wellington, and of course the Rideau Canal. These are all national historic sites that could benefit from the legislation being passed in this Parliament.

(Motions deemed adopted, bill read the first time and printed)

150th Anniversary of ConfederationPetitionsRoutine Proceedings

10:05 a.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, as part of the Liberals' ongoing war on history, the government is taking the absurd position of not including Confederation or history as the theme of the 150th anniversary of Confederation.

This petition originates from the Niagara region. It has been organized by members of the Bertie Historical Society, which knows a thing or two about history as its turf includes places where great battles in the War of 1812 took place as well as the Battle of Ridgeway, which was the result of a Fenian raid and one of the driving impetus events for Confederation itself.

The petitioners call on the government to reverse the decision not to have Confederation as a theme of the 150th anniversary of Confederation and to make, believe it or not, Confederation a theme of the 150th anniversary of Confederation.

National Strategy for SeniorsPetitionsRoutine Proceedings

10:05 a.m.

Conservative

Alice Wong Conservative Richmond Centre, BC

Mr. Speaker, I would like to present a petition today regarding a national seniors strategy for Canada.

The petitioners call on the government to appoint a minister for seniors and to develop a national strategy for seniors.

Gender EquityPetitionsRoutine Proceedings

10:05 a.m.

NDP

Kennedy Stewart NDP Burnaby South, BC

Mr. Speaker, I rise today to present a petition signed by many constituents.

The petitioners call on the government to support Bill C-237, the candidate gender equity act. The constituents point out that women still only hold 26% of the seats here in this place and Canada is ranked 64th in the world in terms of gender representation in our legislature.

My constituents would like the legislation passed and we will have a chance to do that tomorrow night when we vote on the bill.

National Strategy for SeniorsPetitionsRoutine Proceedings

10:05 a.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, I am pleased to present a petition today on a national strategy for Canadian seniors. This is a huge issue in my riding and it is brought up often. Our seniors are concerned that they have a voice in our government.

The petitioners call upon Parliament to appoint a minister for seniors and also to develop a national strategy for seniors.

Questions on the Order PaperRoutine Proceedings

10:05 a.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I would ask that all questions be allowed to stand.

Questions on the Order PaperRoutine Proceedings

10:05 a.m.

The Speaker

Is that agreed?

Questions on the Order PaperRoutine Proceedings

10:05 a.m.

Some hon. members

Agreed.

Canadian Human Rights ActGovernment Orders

10:05 a.m.

Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

moved 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.

Mr. Speaker, I am very proud that on May 17 we introduced Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code. The bill addresses a fundamental issue of equality and human rights, the discrimination and hate crimes experienced by trans and gender diverse Canadians.

At this time I would like to table, in both official languages, a potential charter impact statement for Bill C-16.

I would first like to acknowledge the efforts of colleagues in bringing this matter before previous Parliaments by the member for Esquimalt—Saanich—Sooke, the member for Vancouver Centre, and the former member for Burnaby—Douglas, Mr. Bill Siksay. Their hard work on this issue helped start an important national conversation on gender identity and expression. I thank them all for their leadership.

Canadians know that trans people make the same important contributions to Canadian society as everyone else, yet their life journeys are often more challenging, as they have to overcome misunderstandings, prejudice, and hostility because of their gender identity or expression. With the bill, we unequivocally say that Canada can do better. As the Prime Minister has said, Canada is stronger because of its diversity, not in spite of it.

Bill C-16 reflects our commitment to this diversity and provides for equality and freedom from discrimination and violence for all Canadians, regardless of their gender identity. With the bill, we say loudly and clearly that it is time to move beyond mere tolerance of trans people. It is time for their full acceptance and inclusion in Canadian society.

Bill C-16 would bring us closer to this goal by amending two statutes: the Canadian Human Rights Act and the Criminal Code. These two statutes play an essential role in affirming the basic equality rights of all Canadians and reducing their vulnerability to harm. It would improve legal protections for trans and gender diverse people by updating the laws against discrimination, hate propaganda, and hate crimes. It would promote inclusion and respect for trans people who have so often been relegated to the margins, struggling for full recognition and participation in our society.

Some of the words and concepts used in the discussion on Bill C-16 may not be familiar to all Canadians. For this reason, I would like to elaborate on some of the terminology being used. The term “gender identity” is a person's internal or individual experience of their gender. It is a deeply felt experience of being a man, a woman, or being somewhere along the gender spectrum. Gender identity is a profound matter of self-identity. It shapes one's self-understanding.

Conversely, “gender expression” is how a person publicly presents their gender. It is an external, or outward presentation of gender through aspects such as dress, hair, makeup, body language, or voice. Trans and gender diverse persons are among the most vulnerable members in society. As parliamentarians we have the opportunity to make their lives safer and freer. Bill C-16 presents an opportunity to ensure that our laws provide clear and explicit protection to those who need it the most.

I will begin by discussing the proposed amendments to the Canadian Human Rights Act. Parliament enacted this act in 1977 to promote equal opportunity in federal workplaces and in access to goods and services. The act says:

all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices

Canada has a long history of laws that recognize and seek to address harmful discrimination. Over the course of this history a theme has emerged, one of greater awareness of the barriers to opportunity that exist in our society.

When legislatures across this country came to understand the pervasive harm done by discrimination against women, they prohibited discrimination based on sex. Later, legislators expanded the laws again to legally protect persons with disabilities. Other prohibited grounds of discrimination are now common in human rights laws throughout the country, such as family status and sexual orientation.

Today, we are at a point in our history where we must act again. We must renew our commitment to equal opportunity and further extend legal protection to vulnerable Canadians who experience discrimination. In recent years, many legislatures in Canada have acted to protect the rights of trans and gender diverse persons. We can now see these legal protections are not just symbolically important; they are absolutely necessary. Significant Canadian surveys paint an alarming picture.

In 2009 and 2010, the Trans Pulse project studied the experiences of approximately 500 trans persons in Ontario. They reported significant employment barriers, including 13% having been fired and 18% having been refused employment because they were trans. Given these barriers, it is not surprising that trans persons are significantly underemployed, with a median income of $15,000 per year, despite generally high levels of education. In fact, 44% of trans persons in Ontario have a post-secondary degree.

Tragically, more than half of trans people in Ontario have symptoms consistent with clinical depression. A shocking 43% of trans adults in Ontario had a history of attempting suicide, including 10% having made an attempt within the past year. The difficulties faced by trans persons are significant and deserve our attention. The experiences of trans and gender diverse youth are especially troubling.

In 2011, Egale Canada conducted the first national climate survey on homophobia, biphobia, and transphobia in Canadian schools, collecting information from over 3,700 lesbian, gay, bisexual, and trans high school students. Results showed that 23% of trans students reported hearing teachers use negative gender-related or transphobic comments weekly and even daily. The study also indicated very high levels of verbal, physical, and sexual harassment. Specifically among trans students, 74% reported verbal harassment, 49% reported sexual harassment, and 37% reported physical harassment linked to being trans.

Not surprisingly, 52% of trans youth reported feeling unsafe in both change rooms and washrooms. This is completely unacceptable. Too many trans and gender diverse persons are being deprived the opportunity to contribute and flourish in our society. These figures reinforce the need for Bill C-16, through which we, as parliamentarians, can do our part to address this shocking reality.

It should go without saying that discrimination is a matter of public concern. When a person loses the opportunity to work or faces persistent discrimination, we all lose potential contributions to our society, to our workplaces, and the Canadian economy. Depriving individuals of freedom to make for themselves the lives that they are able and wish to have undermines their ability to participate in society.

By adding gender identity as a prohibited ground to the Canadian Human Rights Act, Bill C-16 aims to ensure that people of all gender identities are protected from discrimination. We have heard from trans and gender diverse persons that their gender expression is often the basis of the discrimination they face. Gender norms are reinforced by our society, yet they do not fit all of us. There is great diversity in how Canadians dress and speak, in their appearance, and their behaviour. No one should be disadvantaged solely because they do not conform to someone else's gender-based expectations.

It is also important to understand what these amendments would mean to the Canadian Human Rights Act. The act defines a number of discriminatory practices, such as refusing to hire or promote an employee, or refusing to serve a customer based on the prohibited grounds of discrimination. By adding “gender identity or expression” to the list of prohibited grounds, it will be clear that practices that discriminate on these grounds will not be permitted.

People suffering discrimination can make a complaint to the Canadian Human Rights Commission. The commission then investigates complaints and attempts to mediate between the parties to resolve the dispute. If the commission believes that a dispute should be given a hearing and an authoritative decision, it may refer the complaint to the Canadian Human Rights Tribunal. If the tribunal determines that discrimination has occurred, it may order a range of remedies, such as reinstatement in a job, an order that the discrimination cease, or monetary remedies.

The purpose of the act is to end and correct discriminatory practice. The Canadian Human Rights Act already provides some protections for trans persons. Tribunals and courts in several jurisdictions in Canada have found that discrimination against trans persons is a kind of discrimination based on sex, which is already a prohibited ground of discrimination. However, it is not enough to leave the law as it is. Canadians should have a clear and explicit statement of their rights and obligations. Equal rights for trans persons should not be hidden but be plain for all to see.

The legal clarity would provide two tangible benefits. First, people who are subject to discrimination on the basis of gender identity or expression would be able to make their case in precisely those terms. Making a formal claim of discrimination can be an intimidating process. Explicitly including gender expression or identity in the Canadian Human Rights Act would make it easier to interpret for those who have suffered this kind of discrimination, instead of forcing them to explain how the law on sex discrimination covers their situation. Second, these amendments would raise awareness of the protections and obligations under the act.

Bill C-16 does not define gender identity or expression. This is consistent with the majority of prohibited grounds under the act. There are good reasons to continue with this approach.

Many of the grounds, such as race and religion, cannot be captured in a single definition. There are more subtle and complex concepts that evolve over time and reflect the particular cases the act deals with. That does not mean that they are vague or obscure.

Gender identity and gender expression are increasingly common terms with enough subtle meaning to allow the commission and the tribunal to interpret them.Gender identity is now found in eight provincial and territorial human rights codes, and gender expression is found in five. In none of these are the terms defined by statute.

The Canadian Human Rights Commission is also able to provide detailed guidance on how to comply with the law. The commission has an important policy and education mandate, which includes interpreting the act and promoting compliance with it. The commission will continue to perform its role of assisting employers and service providers in understanding and complying with the law.

Next, I will turn to the amendments to the Criminal Code proposed in Bill C-16.

Trans people in Canada face a significant risk of violent crime. While official data from police services is scarce, 20% of respondents in the Trans Pulse survey had been physically or sexually assaulted, although many did not report these assaults to police.

A recent report by the National Aboriginal Health Organization indicated that aboriginal LGBTQ youth are twice as likely to face attacks as heterosexual youth.

The Criminal Code has specifically prohibited hate propaganda since 1970. There are criminal offences for advocating or promoting genocide against an identifiable group, for inciting hatred by communicating statements against an identifiable group in a public place that is likely to lead to a breach of the peace, or for willfully promoting hatred other than in private conversations against an identifiable group. They are found in section 318 and 319 of the Criminal Code. All three offences protect identifiable groups.

Until recently, this was defined by the Criminal Code as “any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation”. The list has been expanded over time to include national origin, age, sex, and mental and physical disability.

Bill C-16 proposes to amend the Criminal Code to add “gender identity or expression” to this list. As a result, the bill, if enacted, will extend protections to groups identifiable on the basis of gender identity or expression, which to date have been left out of the protections provided by hate propaganda offences. It will provide long overdue equal protection under the law.

Finally, the bill proposes to amend paragraph 718.2(a)(i) of the Criminal Code, which directs judges to consider as an aggravating factor in sentencing any evidence that an offence was motivated by bias, prejudice, or hate based on race, national or ethnic origin, religion, colour, sex, language, age, mental or physical disability, sexual orientation, or any other similar factor.

While the term “any other similar factor” is open-ended, the purpose of this protection is to denounce crimes motivated by hatred. By adding gender identity and expression to the list, we will send a clear message that there is no place in Canadian society for crimes committed out of bias, prejudice, or hate based on gender identity or expression.

In Canada we celebrate inclusion and diversity. All Canadians should feel safe to be themselves. When I introduced the bill back in May, Charlie Lowthian-Rickert, an amazing young activist who I am pleased to say is in the chamber today, was here and very publicly stood beside me, proud of its introduction. She stated in the press conference that she now feels safer because of the legislation that had been introduced. Charlie is not alone in feeling this way.

Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code, is an important step. It reflects Canada's commitment to equality and freedom from discrimination and violence. It affirms the basic equality of all Canadians and provides explicit legal protection to one of the most vulnerable communities in our society.

It is time for Parliament to ensure that our laws provide clear and explicit protection for trans and gender diverse Canadians. I very much look forward to the dialogue, and I very much look forward to all members in the House supporting Bill C-16.

Canadian Human Rights ActGovernment Orders

10:25 a.m.

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, I would like to thank the hon. member for her heartfelt speech, and I certainly support protecting all Canadians from discrimination, but my understanding is that these freedoms are already protected in provincial law as well as in the charter.

At the Status of Women committee, we heard of the difficulties and discrimination trans people experience. However, is it that the law is missing, or is it a lack of enforcement of the existing laws and a lack of public education that is really the issue? I wonder if the member could comment.

Canadian Human Rights ActGovernment Orders

10:25 a.m.

Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, certainly we have many protections in our country, including within the Charter of Rights and Freedoms.

What we are talking about here is explicitly recognizing the need to protect gender identity and gender expression within the Canadian Human Rights Act. This is something that advocates in trans society have been moving toward and pressing for for some time.

It clearly places it as a prohibited ground of discrimination in the Canadian Human Rights Act, providing more clarity in terms of that discrimination when potential cases arise. This is a piece of legislation that will protect all Canadians in their daily lives to ensure that all Canadians can feel safe to be themselves.

Canadian Human Rights ActGovernment Orders

10:25 a.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I would like to thank the minister for leading off the debate on this government bill to protect transgender Canadians, and I thank her for acknowledging the work others did in the House before, in particular MP Bill Siksay, who really started this debate.

I know she would join me in congratulating the trans community across the country, those very brave trans people who stepped forward to demand that they receive the same rights and dignity that all other Canadians already enjoy.

Will the government join with me and others on this side of the House in moving the bill expeditiously? The bill first passed the House of Commons six and a half years ago. My own bill passed more than three years ago, and it is really time for us to act.

Canadian Human Rights ActGovernment Orders

10:25 a.m.

Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, I very much appreciate the question from my hon. colleague across the way and again would echo the acknowledgement of the tremendous amount of work that you and Mr. Siksay, and I think I mispronounced his name when I was speaking—

Canadian Human Rights ActGovernment Orders

10:25 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I would ask the member to please direct her comments to the Chair.

Canadian Human Rights ActGovernment Orders

10:25 a.m.

Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, I acknowledge the work of current and past members in the House and without question would underscore and acknowledge the hard work of the trans population in this country in bringing us to this place.

Without question, I would support moving Bill C-16 forward as quickly as possible so that we can ensure that there is recognition and protection of gender identity and gender expression in the Canadian Human Rights Act.

Canadian Human Rights ActGovernment Orders

10:25 a.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I appreciate my colleague bringing forward the bill today and the passion she expressed in her speech.

At the beginning of her comments, she made reference to discrimination, whether it is against individuals with mental or physical disabilities, women, or now, trans persons. How important is it that we, as the House of Commons, continue to look at ways to encourage freedom and equality, attributes that Canadians hold close to their hearts? This is a piece of legislation that continues to move Canada forward. I would ask her to comment on that.

Canadian Human Rights ActGovernment Orders

10:30 a.m.

Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, I would echo his comments in terms of equality and the importance of the legal framework as the basis upon which we live as Canadians. I feel that as Canadians, we are most confident when we know that we live in a caring and compassionate society under a legal and political framework that will protect us, regardless of our race, gender, gender expression, or faith. It is within that endeavour that we are introducing Bill C-16 to ensure that there is equality across the country, that people have the freedom to be themselves, that there are no barriers in the way of people achieving what they want to achieve if they work hard, and that the protections will be there for them.

Canadian Human Rights ActGovernment Orders

10:30 a.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, I want to indicate that for many of the comments the minister made, I am in 100% agreement. No one in the House, myself included, would endorse any kind of hate crime, hate speech, bullying, or violence of any kind. However, there are groups in our country, immigrant and faith groups, that may be in slightly different places in their understanding of this issue.

Would these groups have the freedom to teach their children and practise their beliefs without being accused of hate speech or human rights violations?

Canadian Human Rights ActGovernment Orders

10:30 a.m.

Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, we live in a country that has rights and freedoms. Fundamental to each individual Canadian is the right to be themselves and to be protected while being themselves.

In terms of any willful promotion of hatred that could potentially exist against trans individuals or people of different gender expressions, that is why we are introducing Bill C-16, as upheld by the Supreme Court of Canada in terms of its constitutionality. I recognize freedom of religion. It is important to respect those freedoms and the rights contained in our Constitution but to also ensure that everyone has the ability to feel safe, to be themselves, to express who they are, and to succeed as all Canadians do in this country.

Canadian Human Rights ActGovernment Orders

10:30 a.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I understand that there are concerns about the impact of this legislation, but I am more concerned about the impact of the lack of legislation. I know that the minister is familiar with the situation of trans people, who often end up homeless, and in particular, of aboriginal transgender people, who are some of the most discriminated-against people in our entire society.

I would again ask the minister if she would join with me in suggesting to people in the House who are concerned that there are very real concerns on a daily basis for the most marginalized in our society.

Canadian Human Rights ActGovernment Orders

10:30 a.m.

Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, I would further commit to and underscore the importance of recognizing those among us who are more marginalized and more vulnerable, and to ensure that we do everything we can within our power to protect and provide for these people.

In the drafting and thinking about Bill C-16, we engaged with many stakeholders in the trans community and many organizations and individuals who have been marginalized, and sought their important feedback. If and when this legislation passes and becomes law, this conversation will continue, in terms of how we operationalize this in the most appropriate ways and how we, as a government and a country, need to ensure that we move forward in an appropriate way that recognizes the interests, the needs, and the concerns of these marginalized populations.

Canadian Human Rights ActGovernment Orders

10:30 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Questions and comments.

We have time for a brief question.

Resuming debate. The hon. member for St. Albert—Edmonton

Canadian Human Rights ActGovernment Orders

10:30 a.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I would ask for unanimous consent to be able to split my time with my colleague, the hon. member for Kitchener—Conestoga.

Canadian Human Rights ActGovernment Orders

10:35 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Does the member have unanimous consent?

Canadian Human Rights ActGovernment Orders

10:35 a.m.

Some hon. members

Agreed.