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We saw in a previous post that the Canadian Liberal government announced its intentions to add gender identity & expression to the list of protected entities in the Human Rights Act, as well as to the possible targets of hate crime in the Criminal Code.

Today the government announces Bill C-16:

This enactment amends the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination.

Le texte modifie la Loi canadienne sur les droits de la personne afin d’ajouter l’identité de genre et l’expression de genre à la liste des motifs de distinction illicite.

The enactment also amends the Criminal Code to extend the protection against hate propaganda set out in that Act to any section of the public that is distinguished by gender identity or expression and to clearly set out that evidence that an offence was motivated by bias, prejudice or hate based on gender identity or expression constitutes an aggravating circumstance that a court must take into consideration when it imposes a sentence.

Il modifie également le Code criminel afin d’étendre la protection contre la propagande haineuse prévue par cette loi à toute section du public qui se différencie des autres par l’identité ou l’expression de genre et de clairement prévoir que les éléments de preuve établissant qu’une infraction est motivée par des préjugés ou de la haine fondés sur l’identité ou l’expression de genre constituent une circonstance aggravante que le tribunal doit prendre en compte lorsqu’il détermine la peine à infliger.

There is also a less legal and more accessible explanation of Bill C-16, provided on the government website:

Updates to the Canadian Human Rights Act

The Canadian Human Rights Act prohibits discrimination on the grounds of:

• Race;
• National or ethnic origin;
• Colour;
• Religion;
• Age;
• Sex;
• Sexual orientation;
• Marital status;
• Family status;
• Disability; and
• Conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

The proposed legislation would add gender identity and gender expression to this list, making it very clear that transgender and other gender diverse persons have protection in the law.

Updates to the Criminal Code

If the legislation is passed, the Criminal Code will be updated in two ways:

1. Hate propaganda against an “identifiable group” is illegal in Canada. Identifiable groups are defined as sections of the public distinguished by:

• Colour;
• Race;
• Religion
• National or ethnic origin;
• Age
• Sex;
• Sexual orientation; and
• Mental or physical disability

The proposed legislation would add gender identity and expression to the list.

This means that it would be illegal to produce propaganda that promotes violence or hatred against persons based on their gender identity or gender expression.

2. When sentencing someone for having committed an offence, Canadian judges must consider aggravating circumstances, including if the offence was motivated by bias, prejudice, or hate based on:

• Colour;
• Race;
• Religion
• National or ethnic origin;
• Age
• Sex;
• Sexual orientation;
• Mental or physical disability; or
• Any other similar factor

The proposed legislation would add gender identity and expression to the list.

This means that sentences for certain offences could be more severe, if they were motivated by bias, prejudice or hate based on the victim’s gender identity or gender expression.

As well as an FAQ.

This isn’t the first time Parliament suggested gender identity and expression be added; however, Bill C-204 was introduced in a Conservative minority government, and was promptly given the run around until it had to be scrapped because of the election called by Our Glorious Infallible Overlord former Prime Minister Stephen Harper.

Bill C-16 is an important opportunity because it’s being introduced in a Liberal majority Parliament. While Trudeau doesn’t seem (so far) to crack the party whip as viciously as Harper, it seems doubtful that Liberal MPs will oppose the measure. In addition, there are also some MPs held by the NDP, whose party platforms included similar measures proposed to Bill C-16. I anticipate that the NDP, although third party status, will throw their weight in support of the Bill–not that the Liberals need it, being a majority.

Though some of the Conservative party will oppose the Bill, I don’t think they’ve got enough clout to do serious damage the way they did last time. There will be some humming and hawing about the definition of gender identity & expression, but probably nothing in the way of southern States hate mongering. Probably.

Either way, the Bill has only been introduced so far, to undergo its first reading today in Parliament. It has not yet been passed. Fingers crossed.

-Shiv