Cecily Zamora
Canada has made significant strides in recent years to promote transgender rights, including enacting legislation to prevent discrimination and protect transgender individuals. Notably, the Canadian government passed Bill C-16 in 2017, amending the Canadian Human Rights Act and the Criminal Code to include gender identity or expression as prohibited grounds for discrimination. This amendment ensures that transgender and gender-diverse individuals are legally protected from discrimination in employment, access to goods and services, and hate propaganda. However, the implementation and enforcement of these laws vary among provinces and territories due to Canada's federal structure, and there are ongoing debates about the effectiveness of these laws in practice.
| Characteristics | Values |
|---|---|
| Year of implementation | 2017 |
| Name of the bill | Bill C-16 |
| Date of passing the bill | 15 June 2017 |
| Date of becoming law | 19 June 2017 |
| Voting results in the House of Commons | 248-40 |
| Voting results in the Senate | 67-11 |
| Number of Canadians identifying as transgender | 59,460 |
| Canada's rank in Asher & Lyric's Global Trans Rights Index in 2023 | 3rd |
| Number of routes to change one's legal gender in Canada | 2 |
| Number of provinces providing coverage for sex reassignment surgery | 10 |
| Last province to begin insuring sex reassignment surgery | New Brunswick |
| Year New Brunswick began insuring sex reassignment surgery | 2016 |
| Year gender identity or expression was added to the Québec Charter | 2016 |
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What You'll Learn
Bill C-16 and the Canadian Human Rights Act
Canada's gender identity rights Bill C-16, passed in June 2017, amends the Canadian Human Rights Act and the Criminal Code. The bill sparked a national debate, but it brought federal laws in line with already-established provincial human rights codes.
The Canadian Human Rights Act is a federal act with a narrow scope that includes the federal government, First Nations governments, and federally regulated employers, such as banks and telecommunications companies. Before Bill C-16, transgender and gender-diverse Canadians were already protected under provincial legislation. The bill updated federal human rights codes to match these protections.
Bill C-16 added the words "gender identity or expression" to the Canadian Human Rights Act, joining a list of identifiable groups protected from discrimination. These groups include age, race, sex, religion, and disability, among others. It is now illegal to deny services, employment, accommodation, and similar benefits to individuals based on their gender identity or expression. A person who denies these benefits due to another person's gender identity or expression may be liable to provide monetary reimbursement.
The bill also added "gender identity or expression" to the Criminal Code's definition of "identifiable group" in Section 318. 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. Additionally, "gender identity or expression" was added to Section 718.2 of the Criminal Code, which deals with sentencing provisions. This 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.
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Transgender rights and healthcare
Canada has a system of universal healthcare that is delivered through provincial healthcare systems, which vary in terms of their benefits and features, including in the area of transgender healthcare. As of 2020, all provinces provided coverage for sex reassignment surgery, with New Brunswick being the last province to begin insuring such procedures in 2016. However, insurance coverage is not generally provided for transition-related procedures such as facial feminization surgery, tracheal shave, or laser hair removal. Reproductive services are also not covered for trans people, with costs being quite high.
In 2017, Canada passed a landmark transgender rights bill, Bill C-16, which amended the Canadian Human Rights Act and the Criminal Code. The bill added "gender identity or expression" to the Canadian Human Rights Act, making it a prohibited ground for discrimination. This means that it is illegal to deny services, employment, accommodation, and similar benefits to individuals based on their gender identity or expression within federal jurisdiction. The bill also amended the Criminal Code, adding "gender identity or expression" to the definition of "identifiable group" in the hate propaganda and incitement to genocide provisions. This makes it a criminal offence to advocate or promote genocide against transgender and gender-diverse individuals. The bill sparked a national debate, with critics voicing concerns that it would penalize citizens who do not use specific pronouns when referring to gender-diverse people. However, legal experts and supporters of the bill argued that it simply brought federal laws up to date with already-established provincial human rights codes and did not pose any risk to freedom of expression.
The rights of transgender individuals in Canada, including procedures for changing legal gender and protections from discrimination, vary among provinces and territories due to Canada's nature as a federal state. The Québec Charter of Rights and Freedoms, amended in 1977 to prohibit discrimination based on sexual orientation, was further amended in 2016 to include gender identity or expression. Today, sexual orientation is explicitly mentioned as a prohibited ground for discrimination in the human rights acts of all jurisdictions in Canada.
While there have been improvements in transgender rights and healthcare in Canada, there are still concerns about proposed policy changes, particularly in education, that may harm transgender and non-binary youth. There is also a lack of explicit legal protections for transgender individuals in certain areas, which makes them vulnerable to institutionalized and societal discrimination and prejudice.
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Legal gender changes
Canada has two main routes to changing one's legal gender: the Immigration (or 'federal') route and the Vital Statistics (or 'provincial/territorial') route. The legal gender is the sex designation that appears on foundational identity documents such as immigration status documents and birth certificates.
In 2017, Canada passed a law that amended the Canadian Human Rights Act and the Criminal Code. This law added "gender identity or expression" to the Canadian Human Rights Act as a prohibited ground of discrimination. This makes it illegal to deny services, employment, accommodation, and similar benefits to individuals based on their gender identity or expression. The law also amends the Criminal Code by adding "gender identity or expression" to the definition of "identifiable group" in section 318 of the Code. This makes it a criminal offence to advocate or promote genocide against members of an identifiable group, which now includes gender identity or expression.
The law also adds "gender identity or expression" to section 718.2 of the Criminal Code, which is part of the sentencing provisions. This 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.
The bill sparked a national debate, with critics voicing concerns that the law will penalize citizens who do not use specific pronouns when referring to gender-diverse people. However, legal experts and supporters of the bill argue that it does not legislate the use of specific language and that it simply provides necessary protections for transgender people.
In addition to legal gender changes, Canada's system of universal healthcare provides coverage for sex reassignment surgery, with all provinces offering this as of 2020. However, insurance coverage is not generally provided for transition-related procedures such as facial feminization surgery, tracheal shave, or laser hair removal.
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Hate crimes and sentencing
The 2017 Bill C-16, which became law on June 19, 2017, amends the Canadian Human Rights Act and the Criminal Code to include "gender identity or expression" as prohibited grounds of discrimination. This makes it illegal to deny services, employment, accommodation, and other benefits to individuals based on their gender identity or expression. The law also adds "gender identity or expression" as an aggravating factor in sentencing for hate crimes. This means that if there is evidence that a crime was motivated by bias, prejudice, or hate based on gender identity or expression, it can be considered by the courts during sentencing, potentially leading to increased sentences.
The inclusion of "gender identity or expression" in the Criminal Code sends a strong message that violence and hate crimes against transgender and gender-diverse individuals are not tolerated in Canada. This amendment ensures that transgender and gender-diverse individuals are explicitly protected by law and that crimes motivated by bias or prejudice against them will be punished accordingly.
While Bill C-16 has been praised for its protective measures, it has also sparked some debate and criticism. Some critics argued that the law might penalize citizens who do not use specific pronouns when referring to gender-diverse individuals, compelling the use of certain language. However, legal experts and supporters of the bill clarified that it does not legislate language use but rather focuses on protecting transgender and gender-diverse Canadians from discrimination and hate crimes.
In conclusion, the transgender language laws in Canada, specifically Bill C-16, address hate crimes and sentencing by including "gender identity or expression" as an aggravating factor in sentencing. This amendment ensures that crimes motivated by bias, prejudice, or hate against transgender and gender-diverse individuals are taken seriously and punished accordingly. While there was some initial concern about the implications for language use, the law's primary focus is on protecting the rights of transgender and gender-diverse Canadians and ensuring their safety and inclusion in society.
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Pronouns and free speech
Canada's gender identity rights Bill C-16, passed in June 2017, has sparked a national debate on the topic of pronoun use, freedom of speech, and the rights of transgender and gender-diverse Canadians. The bill amends the Canadian Human Rights Act and the Criminal Code, adding "gender identity or expression" to both. This change makes it illegal to discriminate against individuals based on their gender identity or expression in matters within federal jurisdiction, such as the federal government, federal services to the public, or a federally regulated industry.
The bill has been praised for providing necessary protections for transgender people and making explicit the prohibitions on discrimination based on sexual orientation. However, it has also faced criticism from some who argue that it could infringe on freedom of expression and potentially penalize citizens who do not use specific pronouns when referring to gender-diverse people. This criticism sparked a debate on whether the bill legislates the use of certain language and whether the failure to use preferred pronouns could be classified as hate speech.
The Canadian Human Rights Act is a federal act that applies to the federal government, First Nations governments, and federally regulated employers. Before the bill, transgender and gender-diverse Canadians were already protected under provincial legislation, and the bill was seen as bringing federal human rights codes into accordance with existing provincial protections. The bill's legislative summary acknowledges that most human rights complaints related to services, accommodation, employment, or the management of public spaces and facilities are already handled under provincial human rights laws.
The Ontario Human Rights Commission (OHRC) defines gender identity as a person's "sense of being a woman, a man, both, neither, or anywhere along the gender spectrum." The OHRC also recognizes that a person's chosen pronoun is a common way of expressing their gender identity. While the terms "gender identity" and "gender expression" are not defined in the bill itself, the OHRC and other commissions have provided guidance and examples to help interpret these terms.
In conclusion, while Bill C-16 aims to protect the rights of transgender and gender-diverse Canadians by prohibiting discrimination based on gender identity or expression, it has also raised concerns about the potential impact on freedom of speech and the use of specific pronouns. The debate surrounding the bill highlights the complexities of balancing protections for marginalized communities with existing freedoms and the ongoing discussions around pronoun usage in Canada.
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Frequently asked questions
The Canadian Human Rights Act and the Criminal Code protect transgender people from discrimination, hate propaganda, and hate crime. In 2017, Bill C-16 added 'gender identity or expression' to the Canadian Human Rights Act, joining a list of identifiable groups protected from discrimination.
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 without being hindered by discriminatory practices.
This bill makes three changes to the law. Firstly, it amends the Canadian Human Rights Act to prohibit discrimination on the grounds of gender identity and gender expression. Secondly, it amends the Criminal Code by adding 'gender identity or expression' to the definition of 'identifiable group' in section 318 of the Code, making it a criminal offence to advocate or promote genocide against these groups. Lastly, it adds 'gender identity or expression' to section 718.2 of the Criminal Code, making gender identity and expression an aggravating factor in sentencing.
In 2021, a human rights tribunal ruled that misgendering is a human rights violation. A court also ruled that it is a legal requirement to use the pronouns that a transgender person uses and asks to have used in the workplace. However, a law that punished deadnaming with a fine or prison sentence was struck down.
As of 2020, all provinces provided coverage for sex reassignment surgery. However, insurance coverage is not generally provided for transition-related procedures like facial feminization surgery, tracheal shave, or laser hair removal. Reproductive services are also not covered.
