Excerpts from what Kamloops-Thompson-Cariboo MP Cathy McLeod had to say in the House of Commons on Tuesday, Oct. 18, 2016 during debate on amendments to the Canadian Human Rights Act.
I AM ALSO RISING to speak to Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code. It is a bit of an innocuous title to a bill that requires parliamentarians to reflect on some personal and fundamental values.…
I will be supporting the bill at second reading, and I hope my remarks will help shape a thoughtful dialogue, especially for those who are less comfortable, and also will address some of the specific concerns I have heard during the debate in the House today.
First, it is important to talk about the technical aspects of the bill. Bill C-16 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 provide explicit protection to gender, transgender, and gender diverse persons. That is 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, and certainly an example is extremist literature that is especially targeting them.
Finally, it would 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.
As stated by the minister, the objectives of the bill are to recognize and reduce vulnerability of trans and other gender diverse persons to the discrimination, hate propaganda, and hate crimes and to affirm their equal status as Canadians.
I think the statistics are irrefutable that transgender people face high levels of discrimination and also a high risk of violent crime. Recent research by Egale Canada said 95 per cent of transgendered students feel unsafe at school and nine out of 10 have been verbally harassed due to their gender expression.
I did some research as I was looking at my comments today, and I went to a document that the World Health Organization has put out. It is very interesting. It talks about gender identity versus sex, and it says we often tend to confuse and mix the two together. As a quick look at what it calls sex, typically females are XX and there are males who are XY, but babies are born with chromosome abnormalities—Turner syndrome, XXX females, hermaphroditism, and a whole host of issues—but clearly it says that is sex and it is determined by a range of chromosome complements, hormone balance, and phenotypic variants, which determine sex.
It puts out gender as being more of a social construct, and in western countries it has tended to be very binary in nature, whereas in other cultures it has been much more fluid. Certainly we look at sex and we predominantly have males and females, XX and XY, but we do look at there being a whole variant within sex. Having not a binary philosophy around how we look at gender, as many other cultures do, is something we should be looking at.
This is not an abstract discussion. I think everyone here knew people in high school who were much more comfortable with their circle of friends; and we just heard one of my colleagues talk about Terry, who had to run home from school to escape bullying and abuse. I think many of us had friends in high school whom we were aware of. Also, perhaps it was our mother’s aunt, whom we loved as a child but perhaps wondered what made her seem a little different, and we could not quite put our finger on it….
I am going to focus some comments also on some arguments that have been put forward today against supporting the bill.
The first one is that transgendered people are already protected under the human rights code. The debate has been fairly comprehensive in that area and I have been convinced that there is not full protection. There are some loopholes in terms of our human rights code, and sex and sexual orientation do not completely cover off the protection that is necessary. It was certainly a valid argument. I have listened to both sides and I believe there are some gaps in terms of protection.
The other point is that this is a bit of a symbolic affirmation as well. Not only would it close a loophole, but it is important and symbolic. Here I would like to share a local example.
We had an editorial on our local radio that talked about whether we even needed pride parades anymore, that it is sort of over and done with, “Let’s get on, everyone is accepted.” It was responded to by another local journalist who quite clearly articulated that if people thought homophobia and transphobia were over in Canada it was perhaps because they had never been queer. She then went on to talk about what it was like for her personally to move to a new community, to wonder if she was going to be accepted, and the challenges that she had in her everyday life.
The other thing we are hearing about is that perhaps there would be heterosexual predators who would take advantage of the bill and use it in terms of going after our young daughters and sons. I have been looking at recent examples of horrific crimes. Today we hear about someone in Nova Scotia, Klutzy the Clown. Last week, we heard about a teacher, a sports coach. We have heterosexual predators out there and our children must be protected from them, but I do not think that a trans person would use a single-occupancy restroom in order to perpetrate these crimes.
We have a single washroom that we created in the park, and it was created for people with disabilities, for trans folks, and for others to access. It is a single washroom. The reaction that we got back because we had created a gender-neutral washroom was very stunning. On airplanes, there are gender-neutral washrooms.
This was a very interesting experience. My daughter went to university and she was staying in residence. I thought it was very strange that it was not only a co-ed floor but there were co-ed washrooms and showers at the university. I thought that was very strange and wondered how it was all going to work out. I asked her about it and she said that it was sort ofstrange at first but after the first week it was just normal in terms of that particular co-ed set-up. We perhaps worry about the bathroom issue in a way that we should not.
In conclusion, again I certainly know that we will be hearing more about this particular debate in committee and when we bring it back to the House. By supporting the bill in Parliament, we would send a collective, strong message and comfort to the many trans and gender diverse Canadians who have had a very difficult path in life….