Government moves to strengthen laws against discrimination based on gender identity and expression
Diversity and inclusion are among Canada’s greatest strengths; Canadians must feel safe in their identities, and free to be themselves. That is why the Government of Canada is updating the Canadian Human Rights Act and Criminal Code to include gender identity and gender expression.
Today, on International Day against Homophobia, Transphobia and Biphobia, the Minister of Justice and Attorney General of Canada Jody Wilson-Raybould introduced legislation that will help ensure transgender and other gender-diverse people can live according to their gender identity.
The objectives of the Bill are to recognize and reduce the vulnerability of trans and other gender-diverse persons to discrimination, hate propaganda, and hate crimes, and to affirm their equal status in Canadian society.
Minister Wilson-Raybould introduced the legislation in the House of Commons, then joined members and advocates of the transgender community to announce the legislation.
If the legislation is passed, gender identity and gender expression will become prohibited grounds of discrimination under the Canadian Human Rights Act (CHRA). Hate propaganda offences in the Criminal Code will be expanded to protect identifiable groups who are targeted for their gender identity or expression. The Criminal Code will be amended to clarify that where someone commits a crime motivated by bias, prejudice or hate based on gender identity or gender expression, a judge must consider that as an aggravating factor in deciding what sentence to impose.
Quote
“In Canada, we celebrate inclusion and diversity. All Canadians should be safe to be themselves. The law should be clear and explicit: transgender and other gender-diverse persons have a right to live free from discrimination, hate propaganda, and hate crime. We are committed to making Canada stronger by ensuring Canadian laws reflect the rich diversity of our people.”
Jody Wilson-Raybould
Minister of Justice and Attorney General of Canada
Quick Facts
Gender identity is each person’s internal and individual experience of gender. It is their sense of being a woman, a man, both, neither, or anywhere along the gender spectrum. Gender expression is how a person publicly presents their gender. This can include behaviour and outward appearance such as dress, hair, make-up, body language and voice.
Transgender persons face high levels of discrimination and crime. A survey conducted by Trans Pulse Project in 2010 showed that out of the 500 transgender respondents in Ontario, 13% had been fired and 18% were refused employment based on their transgender status. Twenty percent of respondents had been physically or sexually assaulted, but not all of these assaults were reported to police.
Backgrounder – Gender Identity and Gender Expression
Gender Identity and Gender Expression
Gender identity is each person’s internal and individual experience of gender. It is their sense of being a woman, a man, both, neither, or anywhere along the gender spectrum. A person’s gender identity may be the same as or different from the gender typically associated with their sex assigned at birth. For some persons, their gender identity is different from the gender typically associated with their sex assigned at birth; this is often described as transgender or simply trans. Gender identity is fundamentally different from a person’s sexual orientation.
Gender expression is how a person publicly presents their gender. This can include behaviour and outward appearance such as dress, hair, make-up, body language and voice. A person’s chosen name and pronoun are also common ways of expressing gender.
There are a variety of individual experiences of gender and of gender expression. The terms “gender identity” and “gender expression” include a wide range of gender diversity.
Transgender people routinely experience discrimination, harassment and even violence because their gender identity or expression is different from those typically associated with their sex assigned at birth. A survey conducted by Trans Pulse Project in 2010 showed that, out of the 500 transgender respondents in Ontario, 13% had been fired and 18% were refused employment based on their transgender status. Twenty percent of respondents had been physically or sexually assaulted, but not all of these assaults were reported to police.
Updates to the Canadian Human Right Act
The Canadian Human Rights Act (CHRA) prohibits discrimination in federally-regulated employment and the provision of goods, services, facilities and accommodation 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. Adding “gender identity or expression” to the list of grounds would make it very clear that transgender and other gender diverse persons have protection in the law.
Updates to the Criminal Code
The Criminal Code prohibits hate propaganda against an “identifiable group,” which is currently defined to be a section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, or mental or physical disability. Adding “gender identity or expression” would extend protection against hate propaganda to transgender and other gender diverse persons.
The Criminal Code also provides that a judge, when sentencing someone for having committed an offence, must consider any relevant aggravating circumstances, including if the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or “any other similar factor”. While this phrase is broad enough to include gender identity or expression, an amendment would confirm the protection for transgender and other gender diverse persons.Questions and Answers – Gender Identity and Gender Expression
Questions and Answers
Q. What is “gender diversity”?
A. Gender diversity is an umbrella term that refers to a wide range of gender-related identities and ways of expression. This could include transgender, gender non-conforming, gender fluid, two-spirited, and intersex people, amongst others.
Q. How would this Bill change the law?
A. This Bill would make three changes to the law.
It would amend the Canadian Human Rights Act to prohibit discrimination on the grounds of gender identity and gender expression. This amendment would give explicit protection to transgender and gender-diverse persons from discrimination in areas such as employment opportunities and access to goods and services.
The Bill would also amend the Criminal Code in two ways: it would prohibit hate propaganda against groups that are identifiable based on gender identity or gender expression. This amendment concerns extremist literature or information that aims to incite hatred against a particular group and that is far outside what Canadian society will tolerate.
The Bill would also amend the Criminal Code to clarify that sentencing for a criminal offence may be greater if the offence was motivated by bias, prejudice, or hate based on gender identity or gender expression.
Q: Will “gender identity” and “gender expression” be defined in the Bill?
A. In order to ensure that the law would be as inclusive as possible, the terms “gender identity” and “gender expression” are not defined in the Bill. With very few exceptions, grounds of discrimination are not defined in legislation but are left to courts, tribunals, and commissions to interpret and explain, based on their detailed experience with particular cases.
Definitions of the terms “gender identity” and “gender expression” have already been given by the Ontario Human Rights Commission, for example. The Commission has provided helpful discussion and examples that can offer good practical guidance. The Canadian Human Rights Commission will provide similar guidance on the meaning of these terms in the Canadian Human Rights Act.
Q. Why are these amendments necessary?
A. Currently the Canadian Human Rights Act and the Criminal Code do not provide explicit protection for transgender and gender-diverse persons. While a number of these types of cases have been successfully argued in the past under the Canadian Human Rights Act, the government believes that it is time for Parliament to affirm the rights of transgender and other gender-diverse persons in clear language. The law should be clear and explicit: transgender and other gender-diverse persons have a right to live free from discrimination, hate propaganda, and hate crime.
Q: Would this Bill create special rights for transgender persons?
A. No. The Canadian Human Rights Act and the Criminal Code already protect everyone from discrimination, hate propaganda, and hate crime based on several grounds, including race, religion, sex, age, and disability. “Gender identity” and “gender expression” would be added to the existing list of grounds to ensure that there is explicit protection.
Q: Would these amendments allow people with male anatomical characteristics full access to women’s and girls’ washrooms and change rooms?
A. Transgender persons have a right to be treated according to their deeply-felt gender identity. In many situations, that includes the right of a person who lives as a woman to use women’s facilities, even if she has some male anatomical characteristics. These amendments will codify that right. Transgendered and other gender-diverse Canadians already use gender-appropriate bathrooms and pose no greater threat than anyone else in doing so; they simply want to use the washroom or change room that corresponds with their lived identity.
Q. What is the Canadian Human Rights Act?
The Canadian Human Rights Act is a statute enacted by the Parliament of Canada. Its principle is that all individuals should have an equal opportunity to make 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. It prohibits discrimination in employment and in access to goods, services, facilities, and accommodation that are within federal jurisdiction. Provinces and territories have similar laws that apply to provincial and territorial matters.
The current prohibited grounds of discrimination are 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 Bill would add “gender identity or expression” to this list.
Individuals who feel that they have experienced discrimination, or who would like more information about the Canadian Human Rights Act, may contact the Canadian Human Rights Commission.
Q. What are the hate propaganda offences currently listed in the Criminal Code?
A. The Criminal Code currently defines the following crimes as hate propaganda offences:
Advocating or promoting genocide against an “identifiable group”, that is, any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, or mental or physical disability (subsections 318 (1), (2), and (4));
Inciting hatred against an “identifiable group” by communicating in a public place statements which are likely to lead to a breach of the peace (subsection 319(1)); and
Communicating statements, other than in private conversation, to wilfully promote hatred against an “identifiable group” (subsection 319(2)).
The Bill would expand the definition of “identifiable group” by adding “gender identity or expression” to the several groups already listed there.
Q. What is a hate crime?
A. The Criminal Code requires that a judge, when deciding on the sentence for any offence, must consider as an aggravating circumstance if the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor.
While gender identity and gender expression would be a “similar factor” in appropriate cases, the Bill would specifically set out these grounds in this paragraph in order to explicitly protect groups that are targeted for those reasons.
(Source: Department of Justice)
视频：联邦保守党领袖临时党领 Rona Ambrose在LGBT议题上的声明
安省进步保守党领袖彭建邦在 “国际不再恐同日”发表的声明
“The International Day Against Homophobia, Transphobia and Biphobia is used as an opportunity to join together in solidarity with people from across the globe to condemn bigotry and discrimination based on sexual orientation and gender identity, while promoting understanding and equality.
Ontario is a vibrant province with a rich and diverse culture. We are privileged to live in a province that not only celebrates diversity, but is also strengthened by it. Our LGBT community is one of many that helps makes our province the greatest place in the world to live.
No one should ever feel discriminated against because of who they are or who they love; in fact they should be embraced. I was proud to be the first Ontario PC Leader to officially march in the Toronto Pride Parade, and I look forward to continuing efforts to attain greater acceptance across our province.”
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