Anaya Nolan
Canada's law on transgender speech is a complex and evolving topic, with a recent focus on the controversial Bill C-16, which passed in 2017. This bill amends the Canadian Human Rights Act and the Criminal Code, adding gender identity and expression as protected grounds. This means that discrimination against individuals based on their gender identity or expression is prohibited, and such discrimination can be considered an aggravating factor in sentencing for hate crimes. The bill has sparked debates around free speech, with critics arguing that it could penalize citizens who do not use specific pronouns when referring to transgender individuals. However, legal experts and human rights tribunals have emphasized the importance of respecting pronouns as a fundamental part of a person's identity, with some cases resulting in fines or sanctions for misgendering. The law reflects Canada's increasing efforts to protect the rights of transgender individuals and promote respect and equality.
| Characteristics | Values |
|---|---|
| Year of passing | 2017 |
| Date of passing | 19 June |
| Name of the bill | Bill C-16 |
| Type of the bill | An Act to amend the Canadian Human Rights Act and the Criminal Code |
| Prohibits discrimination on basis of | Gender identity or expression |
| Amends the Criminal Code by adding | "Gender identity or expression" to the definition of "identifiable group" in section 318 of the Code |
| Section 318 | Makes it a criminal offence to advocate or promote genocide against members of an identifiable group, which now includes gender identity or expression |
| Amends the Canadian Human Rights Act by adding | "Gender identity or expression" as a prohibited ground of discrimination |
| Effect of the amendment | Makes it illegal to deny services, employment, accommodation and similar benefits to individuals based on their gender identity or expression |
| Penalty | A person who denies benefits could be liable to provide monetary reimbursement |
| Applicable in | Matters within federal jurisdiction, such as the federal government, federal services to the public, or a federally regulated industry |
| Applicable to | All places within Canada explicitly within the Canadian Human Rights Act, equal opportunity and/or anti-discrimination legislation |
| Applicable laws | Human rights acts of all jurisdictions in Canada |
| Other laws | Ontario's human rights code, which extended protection to trans people in 2012 |
| Penalties under Ontario's human rights code | Penalties range from fines and damages to mandatory anti-discrimination training |
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Bill C-16
The purpose of Bill C-16 is to extend the laws in Canada to give effect to the principle that all individuals should have equal opportunities to make for themselves the lives that they wish to have, without being hindered by discriminatory practices based on various grounds, including "gender identity or expression". The bill amends the Canadian Human Rights Act by adding "gender identity or expression" as prohibited grounds of discrimination, making it illegal to deny services, employment, accommodation, and similar benefits to individuals based on their gender identity or expression.
Additionally, the bill 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 members of an identifiable group, which now includes gender identity or expression. The bill also adds "gender identity or expression" to the sentencing provisions of the Criminal Code, making it an aggravating factor in sentencing for crimes motivated by bias, prejudice, or hate based on gender identity or expression.
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Transgender rights in Canada
Canada has made significant strides in recent years towards protecting the rights of transgender individuals. This progress is largely due to human rights campaigning, activism, education, and government lobbying.
In 2017, the Canadian Parliament passed Bill C-16, which amended the Canadian Human Rights Act and the Criminal Code to include "gender identity or expression" as prohibited grounds of discrimination. This addition sent a crucial message to the transgender community that Canadians are committed to creating a safer and more inclusive society. The bill also extended hate speech provisions under the Criminal Code to encompass transgender individuals, recognising that hate crimes motivated by bias, prejudice, or hatred towards someone's gender identity or expression warrant harsher sentencing.
Prior to the passage of Bill C-16, some provinces in Canada had already taken steps to protect the rights of transgender and gender-diverse individuals. For instance, in 2016, the Québec Charter of Rights and Freedoms was amended to include "gender identity or expression," following similar moves in other provinces.
Despite these advancements, Canada has been criticised for lacking explicit legal protections for transgender individuals, leaving them vulnerable to institutionalised and societal discrimination and prejudice. Additionally, the introduction of Bill C-16 sparked a national debate, with critics expressing concerns that the law would penalise citizens who do not use specific pronouns when referring to gender-diverse people. Opponents, such as Dr Jordan Peterson, argued that the law would classify the failure to use preferred pronouns as hate speech and infringe on freedom of expression.
However, legal experts and transgender rights advocates countered these claims, emphasising that the law does not pose any risk to freedom of expression and that similar protections had already been established at the provincial level. Furthermore, they clarified that the law addresses the refusal to use preferred pronouns as a form of discrimination, which can result in sanctions under existing human rights codes, such as fines or mandatory anti-discrimination training.
In conclusion, while Canada has made important progress in recognising and protecting the rights of transgender individuals, there is still work to be done to ensure comprehensive legal protections and societal acceptance.
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Hate crimes
Canada's Bill C-16, passed in 2017, added "gender identity or expression" to the Canadian Human Rights Act and the Criminal Code. This amendment was made to protect transgender and gender-diverse Canadians from discrimination and hate crimes. The bill sparked a national debate, with critics expressing concern that it would penalise people for not using specific pronouns when referring to gender-diverse individuals. However, legal experts clarified that misusing pronouns alone would not constitute a criminal act.
The amendment to the Criminal Code added "gender identity or expression" to the list of identifiable groups protected from hate propaganda and incitement to genocide. This means that it is now a hate crime to target someone based on their gender identity or expression. The law also specifies that if an offence is motivated by bias, prejudice, or hate towards someone's gender identity or expression, it should be considered an aggravating factor in sentencing.
Despite this legislation, transgender hate crimes are on the rise in Canada. This rise has been attributed to enabling environments, such as the removal of gender identity from educational curricula, and apathy or denial by police and government institutions regarding the threat of far-right extremism. The lack of official records and recognition of transgender hate crimes has contributed to the government's inaction and the continued violence experienced by the transgender community.
To address this issue, it is crucial for police and government institutions to acknowledge the existence of transgender hate crimes and take proactive measures to prevent and address them. Additionally, raising awareness among the general public about the rights of transgender individuals and the impact of discrimination and harassment is essential. By working together and prioritising the safety and inclusion of transgender and gender-diverse Canadians, we can strive to create a more inclusive and respectful society.
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Discrimination
Canada's laws on transgender speech are centred around Bill C-16, which was passed in June 2017. 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 in matters of federal jurisdiction, such as federal services or federally regulated industries, based on their gender identity or expression.
Before Bill C-16, transgender and gender-diverse Canadians were already protected by provincial laws. For example, the Québec Charter of Rights and Freedoms was amended in 1977 to prohibit discrimination based on sexual orientation, and in 2016, gender identity or expression was added to this charter. Similarly, in 2009, Newfoundland and Labrador amended their Vital Statistics Act to allow changes to the sex indicator on birth registrations without requiring gender confirmation surgery.
Bill C-16 sparked a national debate, with critics arguing that it would penalise citizens who do not use specific pronouns when referring to gender-diverse people. However, legal experts disagreed, stating that while it may not result in a criminal conviction, refusing to use correct pronouns could lead to sanctions under certain human rights codes, such as Ontario's, which offers protections for transgender people.
The bill's legislative summary acknowledges that most human rights complaints related to transgender rights are handled under provincial human rights laws. It also highlights that the bill is primarily concerned with bringing federal laws up to date with existing provincial protections, ensuring consistent enforcement across the country.
In 2021, a Canadian court ruled that misgendering is a human rights violation, further reinforcing the protections established by Bill C-16. This ruling sent a strong message that respecting the pronouns chosen by transgender people is a legal requirement, demonstrating Canada's commitment to building a safer and more inclusive society for all its citizens, regardless of gender identity or expression.
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Pronouns
In Canada, the use of pronouns is not specifically mentioned in the Canadian Human Rights Act. However, the country has taken steps to protect the rights of transgender and gender-diverse individuals, including the enactment of Bill C-16, which added "gender identity and expression" to the Canadian Human Rights Act and the Criminal Code. This bill was passed in 2017 to protect individuals from discrimination and hate crimes based on gender identity and expression.
While Bill C-16 does not mandate the use of specific pronouns, it has sparked debates about the importance of using correct pronouns for transgender individuals. Some legal experts argue that the bill could penalize citizens who do not use the preferred pronouns of transgender people, while others claim that it infringes on freedom of expression.
In practice, the misuse of gender pronouns alone is unlikely to result in legal consequences. However, repeated and consistent refusal to use an individual's chosen pronoun could potentially be considered discrimination or harassment, which may lead to legal proceedings.
To respect the rights of transgender and gender-diverse individuals, it is generally recommended to use the pronouns that a person requests to be used for them. If unsure, it is respectful to ask how a person wishes to be addressed or to simply refer to them by their chosen name.
In the context of offenders in the Canadian justice system, new operations have been implemented to accommodate offenders based on their gender identity rather than their sex assigned at birth. This includes using offenders' preferred names and pronouns and placing them in institutions that align with their gender identity.
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