Bill C-16 looks to amend the Canadian Human Rights Act and Criminal Code
“Far too many people still face harassment, discrimination, and violence for being who they are. This is unacceptable,” Prime Minister Justin Trudeau included in a statement on May 17, 2016 regarding Bill C-16, a bill proposed to protect the rights of transgender Canadians.
[pullquote align=”left” cite=”” link=”” color=”” class=”” size=””]“Our laws must reflect the rich diversity and inclusiveness which are among our greatest strengths as Canadians.”[/pullquote]Bill C-16 witnessed its second reading on the same day, deemed International Day Against Homophobia, Transphobia, and Biphobia. The bill would act to amend the Canadian Human Rights Act and the Criminal Code to include gender identity and gender expression to the list of prohibited grounds of discrimination, as well as hate speech.
“Our laws must reflect the rich diversity and inclusiveness which are among our greatest strengths as Canadians,” Justice Minister Jody Wilson-Raybould said in a Reuters article. “We believe this legislation would ensure that everyone can live according to their gender identity and express their gender as they choose.”
It has taken 12 years and multiple bills to include gender identity in the Canadian Human Rights Act. The first bill to give voice to this issue was introduced in 2004 by now former NDP MP Bill Siskay. Although it was tabled at the time Siskay reintroduced it again in 2006, 2007, and 2009 before finally making progress with Bill C-389 in 2010.
Upon Siskay’s retirement, NDP MP Randall Garrison began his private members Bill C-279. Bill C-279 passed in the House of Commons in 2013 with the help of a divided Conservative caucus—the final votes read 149-137.
Before the bill passed in 2013, Conservative MP Rob Anders motioned a petition saying, These constituents feel that it is the duty of the House of Commons to protect and safeguard our children from any exposure and harm that would come from giving a man access to women’s public washroom facilities.”
[pullquote align=”left” cite=”” link=”” color=”” class=”” size=””]”Everyone deserves to live free of stigma, persecution, and discrimination.”[/pullquote]On Wednesday, Feb. 17, 2016, Conservative Senator Don Plett introduced three amendments to the bill.
Garrison agreed to the first two amendments to the bill, but called the third amendment “transphobic,” which exempts places like prisons, crisis centres, public washrooms, and change rooms from Bill C-279.
Prime Minister Trudeau made the following statement regarding this issue: “Everyone deserves to live free of stigma, persecution, and discrimination—no matter who they are or whom they love. Today is about ensuring that all people—regardless of sexual orientation or gender identity—feel safe and secure, and empowered to freely express themselves.”