Anaya Nolan
In 2017, Canada passed Bill C-16, which added gender identity or expression as a prohibited ground for discrimination under the Canadian Human Rights Act. This bill has sparked debate, with critics arguing that it could penalize citizens who do not use specific pronouns when referring to gender-diverse individuals. This has been described as compelled speech, as it requires people to use specific words and speak in a certain way under the threat of legal punishment. The Ontario Human Rights Code states that refusing to refer to a transgender person by their chosen name and pronouns may be considered discrimination in areas such as employment, housing, and education. However, legal experts have challenged this interpretation, asserting that the bill would not criminalize the use of non-preferred pronouns. The controversy surrounding Bill C-16 has highlighted the complex issues surrounding free speech, privacy, and the protection of transgender and gender-diverse individuals' rights in Canada.
| Characteristics | Values |
|---|---|
| Year of debate | 2016 |
| Year Bill C-16 became law | 2017 |
| Location | Toronto, Canada |
| Description | Amendments to the Canadian Human Rights Act and the Criminal Code |
| Protected grounds | Gender expression and gender identity |
| Other protected grounds | Age, race, sex, religion, and disability |
| Critics | Jordan Peterson, Polish-Canadian pastor Artur Pawlowski |
| Supporters | Legal experts, Brenda Cossman, Daniel Woolf, Canadian Bar Association |
| Supporting arguments | The bill would not criminalize using non-preferred pronouns |
| Dissenting arguments | The law would allow citizens to be fined or imprisoned if they refused to refer to students by their preferred gender pronouns |
| Other examples of compelled speech | Mandatory university fees that support groups with which other students disagree |
| Requiring retailers to post anti-carbon tax stickers |
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What You'll Learn
The Canadian government's Bill C-16
In 2016, the Canadian federal government's Bill C-16 amended the Canadian Human Rights Act and the Criminal Code. The bill added "gender identity or expression" as a prohibited ground of discrimination. This means that it is illegal to deny services, employment, accommodation, and similar benefits to individuals based on their gender identity or expression. The bill also added gender identity or expression to the Criminal Code's provisions on hate propaganda, incitement to genocide, and sentencing for hate crimes. These changes aim to protect the rights of transgender and gender-diverse Canadians by including them under human rights and hate-crime laws.
The bill sparked some debate, with critics arguing that it could penalize citizens who do not use specific pronouns when referring to gender-diverse people. Jordan Peterson, a University of Toronto psychology professor, argued that the bill could allow him to be fined or imprisoned if he refused to use students' preferred gender pronouns. Legal experts challenged this interpretation, stating that the bill would not criminalize the use of non-preferred pronouns. They argued that imprisonment would be possible only if a complaint were made, the Canadian Human Rights Tribunal found discrimination, the Tribunal ordered a remedy, the person refused to comply, and a court ordered imprisonment for contempt.
In support of the bill, the Canadian Bar Association wrote a detailed letter to the Standing Senate Committee on Legal and Constitutional Affairs. René J. Basque, the CBA president, argued that the bill provided necessary protections for transgender people and did not pose any risk to freedom of expression. An online survey by the Angus Reid Institute found that 84% of 1,416 adult Canadians surveyed supported adding "gender identity as a prohibited ground for discrimination," while 16% opposed it.
Some members expressed concern that the bill would limit freedom of religion and weaken existing protections. However, it is important to note that the CHRA already includes religion as a prohibited ground of discrimination, and federally regulated employers and services cannot discriminate based on religious beliefs. Additionally, the equality provision of the Canadian Charter of Rights and Freedoms prohibits religious discrimination by governments, protecting profoundly held personal beliefs.
Overall, Bill C-16 aimed to provide explicit protections for transgender and gender-diverse individuals under Canadian law, addressing discrimination and hate crimes targeting these communities. While it sparked debates about compelled speech and freedom of religion, legal experts and supporters maintained that it would not infringe upon freedom of expression or result in criminalization for accidental pronoun misuse.
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Gender identity and expression
In 2016, Jordan Peterson, a psychology professor and clinical psychologist at the University of Toronto, argued that amendments to the Canadian Human Rights Act and the Criminal Code would require compelled speech regarding gender identity and expression. The amendments added gender expression and gender identity as protected grounds to the Canadian Human Rights Act and the Criminal Code provisions addressing hate propaganda, incitement to genocide, and sentencing aggravating factors.
Peterson's interpretation of the law was that he could face fines or imprisonment if he refused to refer to students by their preferred gender pronouns. This view sparked debate and concern among critics, who shared similar worries about the potential for compelled speech and the violation of freedom of expression. However, legal experts challenged Peterson's interpretation, clarifying that the bill would not criminalize the use of non-preferred pronouns.
Bill C-16, an amendment to the Canadian Human Rights Code and the Criminal Code, aimed to provide equal protection under the law for transgender and gender non-binary Canadians. It protects individuals from discrimination, hate propaganda, and hate crimes based on gender identity and expression. The bill's legislative summary acknowledged that most human rights complaints related to public services, accommodation, employment, and the management of public spaces were already covered under existing provincial human rights laws.
While Bill C-16 did not explicitly mention pronouns, it added gender identity and expression to the hate speech provisions of the Criminal Code. The interpretation of non-discrimination based on gender identity and expression, including the right to be identified by one's chosen pronouns, will likely be decided by tribunals and courts in the future. The Ontario Human Rights Commission's (OHRC) 2014 policy states that "gender-based harassment can involve refusing to refer to a person by their self-identified name and proper personal pronoun." The OHRC is a provincial body, while Bill C-16 is federal, but the Department of Justice has indicated that the federal guidelines will mirror the OHRC policy.
In summary, while there are differing interpretations of the legal implications of Bill C-16 on compelled speech regarding gender identity and expression, the consensus among legal experts is that the bill does not criminalize the use of non-preferred pronouns. Instead, it aims to protect the rights of transgender and gender non-binary individuals and bring federal human rights codes in line with existing provincial protections.
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Hate speech and hate crimes
In 2016, compelled speech in Canada became a contentious issue due to amendments to the Canadian Human Rights Act and the Criminal Code. The changes added gender expression and gender identity as protected grounds, alongside other groups such as age, race, sex, religion, and disability. This sparked a debate, with critics concerned about the potential penalization of citizens who do not use specific pronouns when referring to gender-diverse individuals. The Ontario Human Rights Code considers refusing to use an individual's chosen name and pronouns that align with their gender identity as likely discrimination in areas like employment, housing, and education.
Jordan Peterson, a University of Toronto psychology professor, argued that these amendments could result in compelled speech, where individuals are legally mandated to employ certain words or face punishment. However, legal experts challenged this interpretation, stating that the bill would not criminalize the use of non-preferred pronouns. Brenda Cossman, a law professor at the University of Toronto, asserted that Bill C-16 primarily aligned federal legislation with existing provincial protections for transgender and gender-diverse Canadians.
The controversy surrounding compelled speech in Canada highlights the ongoing discussions regarding hate speech and hate crimes. Hate speech is generally defined as advocating for genocide and the public incitement of hatred towards specific groups. Hate crimes, on the other hand, encompass overt acts of violence, violation of civil rights, intimidation, or conspiracy motivated by bias, prejudice, or hate. These crimes can range from vandalism and arson to assault and murder, targeting individuals, institutions, religious organizations, and government entities.
In the context of libraries, there is a focus on creating safe and inclusive spaces for users and workers, free from discrimination and hateful conduct. Libraries are encouraged to address hateful conduct through policies and proactive messaging that promotes equality, diversity, and inclusion. The escalation of reported hate crimes and the impact of hateful speech underscore the importance of libraries' proactive efforts and their role in supporting victims and prosecuting bias-motivated criminal acts.
While the debate surrounding compelled speech in Canada centres on the balance between protecting freedom of expression and promoting equality, it also intersects with the broader discussions around hate speech and hate crimes. The interpretation and implementation of laws regarding hate speech and hate crimes vary across different jurisdictions, as illustrated by the example of England, where asking someone to speak English has been considered a hate crime, sparking discussions about the erosion of free speech.
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Freedom of expression
The right to freedom of expression allows individuals to participate in political, artistic, and social life, as well as to criticise their governments and hold them accountable. It enables dialogue, builds understanding, and increases public knowledge, leading to better policies and more stable societies.
However, freedom of expression is not absolute and can be limited in exceptional circumstances, such as when it violates the rights of others, advocates hatred, or incites discrimination or violence. International law and national constitutions provide for these limitations, which include restrictions on libel, slander, obscenity, pornography, sedition, incitement, hate speech, and classified information, among others.
In the context of Canada, there has been debate surrounding the interpretation of Bill C-16, which added "gender identity or expression" as a prohibited ground of discrimination under the Canadian Human Rights Act. Some, like Jordan Peterson, argued that this legislation would mandate compelled speech, requiring people to use specific pronouns when referring to gender-diverse individuals under threat of legal punishment. However, legal experts challenged this interpretation, stating that the bill would not criminalise the use of non-preferred pronouns.
While the specifics of this case may be debated, it highlights the complex nature of balancing freedom of expression with other rights and values in a society. Ultimately, the right to freedom of expression is a cornerstone of democracy, allowing individuals to voice their opinions, share information, and demand change without fear of retaliation or censorship.
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The Ontario Human Rights Code
In 2016, University of Toronto psychology professor Jordan Peterson argued that amendments to the Canadian Human Rights Act and the Criminal Code would mandate compelled speech. The amendments added "gender identity or expression" as a prohibited ground of discrimination. Peterson claimed that this would allow him to be fined or imprisoned if he refused to refer to students by their preferred gender pronouns.
Legal experts challenged Peterson's interpretation, arguing that the bill would not criminalize using non-preferred pronouns. However, in 2018, Daniel Woolf, the vice-chancellor of Queens University, stated that "compelled speech" had become a "very divisive subject within the Ontario law profession". This indicates that there was indeed a degree of uncertainty and debate surrounding the issue.
The Code consists of an introductory section, or "preamble," followed by seven main parts. Part I outlines basic rights and responsibilities, while Part II explains how the Code is interpreted and applied. Part III defines the role and structure of the Ontario Human Rights Commission (OHRC), which works to identify and address the root causes of discrimination. Part IV explains the functioning of the Human Rights Tribunal of Ontario, which decides on human rights violations. Part IV.1 describes the role of the Legal Support Centre, which assists individuals filing applications with the Tribunal.
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Frequently asked questions
Yes, the compelled speech law in Toronto, Canada, passed in 2016.
Compelled speech refers to when an individual or entity is legally required to express a specific viewpoint or use particular language.
The law in Toronto centred around the use of gender pronouns, specifically requiring individuals to refer to others by their preferred gender pronouns.
Examples include mandatory university fees that support groups an individual may disagree with, requiring cable systems to carry local stations, and mandating retailers to display government-issued stickers with political messages.
Critics argue that compelled speech laws infringe on freedom of expression and that governments should not force individuals to express specific viewpoints or use certain language.
