Cameron Miranda
Bill C-16, which amends the Canadian Human Rights Act and the Criminal Code, was passed in June 2017. The bill adds gender identity or expression to the Canadian Human Rights Act and the Criminal Code, offering explicit protections for transgender and gender-diverse Canadians. This update brings federal laws in line with provincial human rights codes, which already protected these groups. The bill sparked a national debate, with critics arguing that it would penalise citizens who do not use specific pronouns. However, legal experts noted that the bill does not mention pronouns, and that it is unlikely for someone to be jailed for using misgendered pronouns.
| Characteristics | Values |
|---|---|
| Name of the bill | Bill C-16 |
| Date of passing | June 2017 |
| Purpose | To extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that 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 based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered |
| Amendments | The bill amends the Canadian Human Rights Act and the Criminal Code |
| Changes | The bill adds "gender identity or expression" to the list of prohibited grounds of discrimination in the Canadian Human Rights Act and the list of characteristics of identifiable groups protected from hate propaganda in the Criminal Code |
| Other changes | It also adds that evidence that an offence was motivated by bias, prejudice or hate based on a person's gender identity or expression constitutes an aggravating circumstance for a court to consider when imposing a criminal sentence |
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What You'll Learn
Bill C-16 amends the Canadian Human Rights Act
The bill addresses federal laws and does not apply to universities. It includes the federal government, First Nations governments, and federally regulated employers, such as banks and telecommunications companies. The scope of the Canadian Human Rights Act is considered “very narrow" by legal experts. Bill C-16 brings federal laws in line with existing provincial human rights codes, which already protect transgender and gender-diverse Canadians.
The bill sparked a national debate, with critics voicing concerns about freedom of speech and the potential for citizens to be penalized for not using specific pronouns. However, legal experts clarified that not using preferred pronouns would not meet the legal standards for the Criminal Code offence of promoting hatred. An online survey by the Angus Reid Institute found that 84% of adult Canadians supported adding "gender identity as a prohibited ground for discrimination under the Canadian Human Rights Act," while 16% opposed.
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It also amends the Criminal Code
Bill C-16 amends the Criminal Code by adding "gender identity or expression" to the definition of "identifiable group" in section 318 of the Code. This section makes it a criminal offence to advocate or promote genocide against members of an identifiable group, which now includes gender identity or expression. As the definition of "identifiable group" is also used in section 319 of the Code, the amendment makes it a criminal offence to incite or promote hatred because of gender identity or expression.
Bill C-16 also adds "gender identity or expression" to section 718.2 of the Criminal Code, which is part of the sentencing provisions. This means that gender identity and expression are considered aggravating factors in sentencing, leading to increased sentences for individuals who commit crimes motivated by bias, prejudice or hate based on gender identity or expression.
The bill also adds "gender identity or expression" to the list of characteristics of identifiable groups protected from hate propaganda in the Criminal Code. This amendment fills a gap in the law, as the hate propaganda offences protect groups identifiable on the grounds of sex, but there was no mention of gender identity or expression before the bill was passed.
Finally, the bill amends the Criminal Code such that unless discussions venture into the hate propaganda portions of the Criminal Code, inter-family discussions will not be affected.
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It adds gender identity or expression to the Act
Canada's Bill C-16, which passed in June 2017, amends the Canadian Human Rights Act by adding "gender identity or expression" to the list of prohibited grounds of discrimination. This means that it is now illegal to deny services, employment, accommodation, and other benefits to individuals based on their gender identity or expression. The bill also amends the Criminal Code by adding "gender identity or expression" to the definition of "identifiable group" in section 318, which makes it a criminal offence to advocate or promote genocide against such groups.
The addition of "gender identity or expression" to the Canadian Human Rights Act is significant because it explicitly includes transgender and gender-diverse Canadians under human rights protections. This ensures that transgender and gender-diverse individuals are protected from discrimination and have equal opportunities to make for themselves the lives that they wish to lead, without being hindered by discriminatory practices. The bill also addresses concerns around hate crimes and hate speech by adding "gender identity or expression" to the hate propaganda offences in the Criminal Code. This means that it is now a criminal offence to incite or promote hatred based on gender identity or expression.
The amendments made by Bill C-16 to the Canadian Human Rights Act and the Criminal Code are important because they provide clear and explicit protection to transgender and gender-diverse individuals under federal law. While some provinces and territories in Canada already had laws protecting transgender and gender-diverse individuals, Bill C-16 ensures that these protections are consistent across the country. The bill also sends a clear signal to police and prosecutors that they must be aware of the particular vulnerabilities of transgender and gender-diverse individuals when investigating and prosecuting hate crimes.
While Bill C-16 has been generally well-received, there have been some concerns raised about its potential impact on freedom of speech. Some critics argued that the bill could penalize individuals who do not use specific pronouns when referring to transgender or gender-diverse people. However, legal experts have noted that the bill does not mention pronouns and that it is unlikely that someone would be jailed for misgendering, although it could be considered discriminatory. Overall, Bill C-16 represents a significant step forward in recognizing the rights of transgender and gender-diverse Canadians and ensuring that they are protected from discrimination and hate crimes.
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It protects transgender and gender-diverse Canadians
Canada's C-16, also known as the 'Gender Identity Rights Bill', became law in June 2017. The bill amends the Canadian Human Rights Act and the Criminal Code, adding "gender identity or expression" to the list of prohibited grounds for discrimination. This ensures that transgender and gender-diverse Canadians are protected under federal human rights laws, which encompass the federal government, First Nations governments, and federally regulated employers.
The bill addresses the rights of transgender and gender-diverse individuals by guaranteeing their freedom from discrimination in various aspects of life. For example, it ensures equal access to services, employment, and accommodation, regardless of gender identity or expression. It also protects the right to access gender-specific bathrooms that align with one's chosen gender, rather than their sex assigned at birth.
Furthermore, C-16 amends the Criminal Code by adding "gender identity or expression" to the definition of "identifiable group" in Section 318. This section makes it a criminal offence to advocate or promote genocide against such groups, now explicitly including those with diverse gender identities or expressions. The amendment also makes it an offence to incite hatred based on these factors under Section 319.
In addition to the above, C-16 adds that if there is evidence that an offence is motivated by bias, prejudice, or hate based on gender identity or expression, it can be considered an aggravating factor during sentencing, potentially leading to increased penalties. This aspect of the bill ensures that the vulnerability of transgender and gender-diverse individuals is recognised by law enforcement and the justice system.
While C-16 has sparked some debate and criticism regarding the use of specific pronouns, it is important to note that the bill itself does not mention pronouns. However, it does clarify and codify existing rights, ensuring that all Canadians can understand their rights and obligations under the law, promoting a society where everyone feels safe to be themselves.
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It addresses hate crimes and hate speech
Bill C-16, which became law in June 2017, addresses hate crimes and hate speech by amending the Canadian Human Rights Act and the Criminal Code. The bill adds "gender identity or expression" to the Canadian Human Rights Act, joining a list of identifiable groups protected from discrimination. This includes groups such as those defined by age, race, sex, religion, and disability. By adding "gender identity or expression", the bill makes it illegal to deny services, employment, or accommodation to individuals based on their gender identity or expression. This addition also clarifies that transgender and gender-diverse Canadians are protected under human rights laws.
Furthermore, Bill C-16 amends the Criminal Code by adding "gender identity or expression" to the definition of "identifiable group" in Section 318. This section criminalizes advocating or promoting genocide against identifiable groups, and with the amendment, it now includes advocacy or promotion against groups based on gender identity or expression. The amendment also adds "gender identity or expression" to Section 319 of the Criminal Code, which addresses the incitement of hatred. This addition ensures that promoting hatred based on gender identity or expression is a criminal offence.
The bill also addresses sentencing for hate crimes. It adds "gender identity or expression" to Section 718.2 of the Criminal Code, which is related to sentencing provisions. This amendment makes gender identity and expression an aggravating factor in sentencing, leading to increased sentences for individuals who commit crimes motivated by bias, prejudice, or hate based on gender identity or expression. This aspect of the bill ensures that the courts can take into account evidence of an offence being motivated by these factors during sentencing.
While Bill C-16 sparked some debate and concerns about freedom of speech and the potential for penalizing citizens who do not use specific pronouns, it is important to note that the bill does not mention pronouns. The purpose of the bill is to protect the rights of transgender and gender-diverse Canadians by explicitly including them in human rights and hate-crime laws, ensuring they are free from discrimination, hate propaganda, and hate crimes.
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Frequently asked questions
Yes, Bill C-16 was passed in June 2017.
The purpose of Bill C-16 was to extend the laws in Canada to give effect to the principle that all individuals should have an equal opportunity to make for themselves the lives that they wish to have and to have their needs accommodated without being hindered by discriminatory practices based on various factors, including gender identity or expression.
Bill C-16 added the words "gender identity or expression" to the Canadian Human Rights Act and the Criminal Code. This amendment ensured that transgender and gender-diverse Canadians were explicitly protected from discrimination and hate crimes.
Bill C-16 sparked a national debate about gender, pronoun use, freedom of speech, and the rights of transgender and gender-diverse Canadians. It also brought federal laws in line with already-established provincial human rights codes.
