Excerpts from the debate on Bill C-389

Debate at second reading, May 10, 2010:

Read the entire debate (Parliament of Canada)

Bill Siksay (Burnaby-Douglas, NDP):

The bill is about explicitly ensuring full human rights protection in areas of federal jurisdiction for transgender and transsexual Canadians. It does that by adding gender identity and gender expression to the list of prohibited grounds of discrimination in the Canadian Human Rights Act, and in the sentencing and hate crime provisions of the Criminal Code of Canada. This is the first time gender identity and gender expression have been debated in the Canadian Parliament. It is a historic debate that is overdue. The actions proposed in this bill are also overdue.

This is a debate that will take place without the direct participation of trans people because at this time there is no openly trans member of Parliament. I feel their absence acutely at this moment. Not having someone who can speak directly and personally to the experience of being trans will mean that important things will remain unsaid and other points will be made awkwardly. It will be a day to celebrate when an openly trans person is first elected to the House. It will be another step toward ensuring that the House of Commons is truly representative of the diversity of Canadians. […]

[Trans people] are regularly subjected to discrimination, prejudice and violence. They face well documented discrimination in the workforce, housing, health care, and in obtaining services. Obtaining appropriate identity documents are often extremely problematic. Trans people face significantly higher rates of violence including sexual assault and murder. […]

When I was elected in 2004, in my capacity as NDP gay, lesbian, bisexual, transgender and transsexual issues critic, I undertook a series of consultations with the trans community. In person consultations were held in Ottawa, Toronto and Vancouver, and there was a vigorous email consultation with others across Canada. Those consultations confirmed that amending the Canadian Human Rights Act, to include gender identity and expression as prohibited grounds, was the key priority for the community. With similar amendments to the sentencing and hate crime provisions of the Criminal Code, they also ranked very high. As a direct result of the consultations, legislation was drafted and tabled leading directly to today’s Bill C-389.

Including trans people explicitly in human rights legislation can have a profound effect. A trans person makes the point this way saying, “How can I feel part of society if I cannot point to human rights legislation and say, there, I’m included?” […]

Clearly, there is a need for this legislation. There is no doubt about the prejudice, discrimination and violence faced by trans people. There is no doubt that their experiences of gender are part of our human experience, broadening our understanding of gender and exposing our full humanity. There is no doubt that trans people are beloved members of our families, our co-workers and our neighbours, who enrich our lives. There is no doubt that trans people should be able to lead happy, healthy, secure and productive lives. There is no doubt that discrimination and prejudice are costly to any society.

That is why, plain and simple, we need this legislation. We must be absolutely and explicitly clear that trans Canadians are a valued part of our families and our communities.

Rob Oliphant (Don Valley West, Liberal):

Mr. Speaker, it is a privilege to rise and speak in support of this bill. I thank the member for Burnaby—Douglas [Bill Siksay] for his tenacity and persistence in presenting issues with respect to transgendered people, transsexual people and the trans community in general. His work speaks well of all parliamentarians. We like to take credit for it at times and we thank him for doing that work. […]

Members of Parliament are human beings and citizens. As we stand in this House, we recognize that we represent all people. As we gather in this place and discuss legislation and changes to the Criminal Code and the Canadian Human Rights Act, we are standing with our constituents. No matter how small the group is who may be affected by any one piece of legislation, ours is to ensure that freedom, justice and fairness extend to all Canadians. […]

At a personal level, this affects friends of mine. I know people who have gone through the transition process to change their gender. That process has been difficult not only for them and their families, but it has been difficult for me as a friend. Each of us has a boundary that we sometimes come up against in our own understanding of human sexuality and human identity. It is absolutely critical that we take the time to converse with people who may be different from us. That may frighten some people. It may cause them to have to open their minds and expand their experiences, but it is absolutely critical to understand that we are talking about real human beings. This is not an issue. These are people. They come to us with complex issues and complex problems and they should not have to face simple discrimination. This bill would uncover some of that problem. […]

Not only does this issue have a personal side for me, but there is a pastoral side as well. In my previous career as a United Church minister, I had the opportunity to preach a sermon on transgender issues. As it was a relatively small-c conservative congregation, I was nervous about raising issues that people perhaps were not aware of. Perhaps they had not encountered people who were different from them in terms of sexual orientation, sexual gender, gender identity or gender expression. However, even though I was nervous, the congregation was not nervous. The congregation welcomed that sermon as one which opened their minds. There were 350 people at church that Sunday, and after the sermon three individuals came up to me and said that the sermon had touched them personally. Two of them had transgender family members and one of them knew a transgender co-worker. They were looking for help and were glad that someone finally had the courage, or at least the reason, to raise that issue so that they could talk about it. It could be an open discussion and people could address their fears of people who may be different from them.

For me, this issue has a professional side as well. For a time I served on a human rights commission. We wanted clarification about issues. We were not afraid of expanding the legislation at all. We were not worried about having to expand our context of work because we knew anecdotally and somewhat statistically that people who are different from the mainstream majority continually face discrimination. It is important for us to take the time to make those small changes to those two pieces of legislation to ensure that discrimination does not happen.[…]

Fifty-one per cent of the people in my riding come from outside Canada and 49% were born in Canada. I hear regularly from the people who have chosen Canada as their home that they chose it because Canada is the country that enshrines human rights in the Canadian Charter of Human Rights and Freedoms. In that charter we have welcomed the world to this country and have set ourselves up as a model of understanding, a model of expression and a model of ensuring that every minority group is afforded absolute protection.

This will stretch people in this House. This will stretch people in my own party. We have had our discussion about this. I think we have reached consensus that this is an important piece of legislation to further the discussion, not only to enshrine something in two pieces of legislation, but to open up the doors so that Canadians in every part of this country can have this discussion as well. We can stop being afraid of the discussion. We can stop being afraid of people who may be different from us, but who also may be members of our families, members of our communities, and neighbours on our streets. […]

I look forward to more debate on this issue. It is important that more members of the House take the time to talk to trans people, to hear their stories, to express to them that their story is our story. Together as a community we share in both their pain and their joy as they reach full expression of the identity that I believe very personally God has given them. We must help them express that fully and safely and enjoy the full rights of being citizens in this country.

Meili Faille (Vaudreuil-Soulanges, Bloc Québécois):

The Bloc Québécois supports the principle of Bill C-389. Other jurisdictions in Canada already have policies on gender diversity. The bill fosters the promotion of and respect for human rights by prohibiting any form of discrimination based on gender identity and gender expression. Therefore, it is appropriate to support the principle of this bill because gender identity and expression will be protected under the Human Rights Act. It will no longer be necessary to refer to ambiguous interpretations of the term “sex” to establish that all transgender people are protected by the law. Public incitement of hatred targeting gender identity or expression will be recognized by the Criminal Code.

Does this law address a problem? That is what members will attempt to explain today. Discrimination and harassment of transgender people can take different forms. For example, a transsexual woman’s right to be searched by a female police officer may be breached.[…]

It is difficult to estimate how many people are victims of such discrimination in Quebec annually. However, the Commission des droits de la personne et des droits de la jeunesse noted the following in May 2009: Sexual minority individuals and families with same-sex parents are not receiving services adapted to their situation because of heterosexist attitudes, which are often subconscious, because of continuing homophobic prejudices and behaviours, especially within institutions, and because of service providers’ silence on the issue of sexual diversity.

In the United States, where the Human Rights Campaign organization addresses cases of discrimination involving sexual identity, it is estimated that one homicide in 1,000 is a hate crime against a transgender person.[…] These people, who are frequently victims of discrimination at the workplace, in the healthcare system, when looking for housing, and so on, would benefit directly from guaranteed protection under the Canadian Human Rights Act and the Criminal Code.

Megan Leslie (Halifax, NDP):

Mr. Speaker, I am honoured to rise to speak to Bill C-389 today. I am so proud to have seconded the bill that was introduced by my colleague the member for Burnaby—Douglas, who is an incredible advocate for trans rights and human rights for Canadians. The bill would bring Canada closer to providing the respect owed and the recognition of rights owed to the transgendered community by adding the terms gender identity and gender expression to the Canadian Human Rights Act as prohibited grounds of discrimination.

Human rights continue to be contentious in the country. Equality for all is somehow seen as a threat to the few and compassion is sometimes a very scarce commodity. We need to reframe the debate around human rights in Canada. Words like tolerance and accommodation, which imply some sort of undesired obligation, need to be replaced with words like respect and dignity. In short, we need to be kinder to each other. We need to respect differences. Equality should be fostered through social, economic and environmental justice. Our human rights codes should reflect our pursuit of justice and we have the opportunity in this parliamentary session to do just that.

Why would we add these terms as prohibited grounds for discrimination? Gender identity is a person’s innate feeling of being male, female, both genders, neither or in between. It is not a reference to people’s biological sex or their sexual orientation. Identity is something to be respected and honoured and gender identity is no different. Gender expression is the expression of that inner identity. It is the freedom to be, plain and simple, one’s self.

These terms, though they seem very simple on their face, are difficult for some people to grasp. Inclusion of these terms aims to address issues of sexism in the country, issues of homophobia and of transgressing traditional teachings.

It is telling that this is the first time that legislation of this kind has been debated in the House of Commons. There has not been equal progress toward equality for the trans community as there has been for other marginalized groups. Fear and prejudice has delayed this human rights journey and delay has meant that trans people have been discriminated against. They have been subject to discrimination. They have been subject to prejudice. They have been subject to harassment and violence every day.

Trans people are victims of violent acts, such as assault and murder, for no justifiable reason. They are regularly denied things we all take for granted, like access to health care and housing, the ability to obtain identification documents, access to washrooms and other gendered spaces and the ability to acquire and maintain employment. I have a friend who asked me to write a letter explaining the case law on the use of washrooms for transgendered people. She carries this letter around in her purse so she can pull it out and use it whenever she needs. Imagine the indignity of having to have a letter in one’s purse or wallet explaining that the use of the washroom is allowed. Imagine the indignity of being challenged to use a washroom and having to dig out a letter that has some official law firm logo on the top so someone will take him or her seriously and recognize that the individual does have a right to use the gendered space.

All of this can be addressed through human rights protections and a concerted effort to eradicate and shed light on the lives and struggles of the trans community.

On March 30, 2000, the Ontario Human Rights Commission published a policy on discrimination and harassment because of gender identity, noting, “There are, arguably, few groups in our society today who are as disadvantaged and disenfranchised as transgendered community. Transphobia combined with the hostility of society to the very existence of transgendered people are fundamental human rights issues”. This is a very powerful statement about what goes to the very core of how we choose to treat and respect one another. Trans people are members of our families and our communities. There is no them here, only us.

I used to do education workshops on trans rights when I worked and volunteered with the Nova Scotia Rainbow Action Project. Gender expression and gender identity are not included in the human rights act in Nova Scotia. Therefore, we worked with the Nova Scotia Human Rights Commission to help it understand the day-to-day realities faced by transgendered people in Nova Scotia, the discrimination and the hate they experienced. At the end of one of these workshops, the Nova Scotia Human Rights Commission assured us that it would “fit” trans discrimination under sex, even though it technically was not sex discrimination.

This is exactly the kind of thing trans people face every day. They do not quite fit here or there, but somehow they are expected to cope and to be happy with filling the space of the cracks. Now is the opportunity to right one of those wrongs. It is a small legislative change that would have tremendous impact on the dignity of trans people in Canada.

The addition of gender identity and gender expression as prohibited grounds of discrimination in the Canadian Human Rights Act is, without question, a very positive first step to achieving equality for the trans community. Make no mistake. This is just an initial step in a continuing journey, but it does lay the groundwork for the work that remains. Hopefully, by entrenching the rights of the trans community, it will act as a catalyst for change as well as a protection and recourse as the trans community navigates what will not likely be an obstacle-free path, even with the inclusion of these terms in our human rights legislation.

As we move forward, we should ask ourselves what equality for the trans community would look like. Equality would mean that gender reassignment procedures would be reimbursed by provincial health insurance everywhere in Canada. There would be policies implemented to combat discrimination and exclusion faced by transgendered persons in the labour market, education and health care. It would include education and training programs, as well as awareness raising campaigns. There would be better training to health service professionals, including specialists and general practitioners, with regard to the rights and needs of transgendered persons and the requirement to respect their dignity. Trans voices would be represented in government, in schools, in the media, on equality bodies and in national human rights structures.

With the bill, Canada can lead by example. We can demonstrate the inclusiveness of our communities and the strength we find in breaking down barriers and in insisting that discrimination become something of the past. I plan to vote in favour of the inclusion of trans rights in the Canadian Human Rights Act, as well as its inclusion on the hate crimes list in the Criminal Code of Canada. I encourage every member of the House to join me in entrenching protections for gender identity and gender expression.

Read the entire debate (Parliament of Canada)

June 8, 2010:

Mario Silva (Davenport, Liberal):
Mr. Speaker, in this House and across this country, we are privileged to be able to express ourselves freely and to live to our fullest potential as citizens of Canada. It is important, however, that we remain forever vigilant in our work to ensure that all Canadians enjoy the human rights which our citizenship rightly bestows.

I am reminded of a statement by Nobel prize recipient Aung San Suu Kyi, who said, “Please use your freedom to promote ours”. These are simple words, but they are invested with tremendous meaning and substance. Several of my colleagues have noted during these debates that this bill, dealing with equality and human rights protection for transgender and transsexual Canadians, lacks the benefit of first-hand experience. This is true. There are indeed no transgender or transsexual people currently serving as members of Parliament. However, in keeping with the spirit of the words of Aung San Suu Kyi, we are given the unique opportunity and privilege to promote the freedom of others as outlined in the provisions of this bill.

Human rights are precisely as the term states. What the bill is addressing is a right, not a privilege. Canadians are, by virtue of our democratic traditions and our commitment to equality, protected with respect to our most basic human rights and freedoms.

When contemplating the provisions of this bill, it can be reasonably surmised that what has been proposed should really not require debate. In essence, this bill ensures that transgender and transsexual Canadians are afforded protection under the law with respect to their basic human rights in a manner consistent with that which is enjoyed by every other Canadian. It is simply a reaffirmation that all Canadians share the same rights and opportunities, and that these require equal protection under the law. Indeed, it is remarkable, if one were to think about it, that in this day and age we continue to find ourselves in a position of having to debate the need to include a specific group under the umbrella of human rights law as well as protection under the Criminal Code. […]

In debates of this kind, we are often tempted to resort to statistical data to make our case. We may, at times, focus too much on these numbers. Indeed, several members have referred to statistics when speaking about the actual number of Canadians who are transgender or transsexual and living in Canada. I believe that while it is important to reflect upon the statistics, we must also be vigilant when doing so. Human rights do not need to be measured in numbers simply because they are universal in character. As someone who has held a long and abiding commitment to human rights issues, I recognize that there is little currency to be found in debating numbers. The reality is simply this. All human beings, regardless of their numbers, are invested with basic human rights, freedoms and protection under the law, which are inalienable and non-negotiable.

I recognize that there are those who may argue about the need to amend our laws to specifically protect transgender and transsexual Canadians. The reality is that there is a clear and pressing requirement for such action. There is ample evidence, both statistically and anecdotal, that confirms that transgender and transsexual Canadians experience disproportionate discrimination and even violence based on who they are and how they choose to live their lives. This is unacceptable.

The bill we are debating today may not eliminate these realities, but it will most certainly offer greater protection to those who are victims of such discrimination and lead to that day when transgender and transsexual Canadians will enjoy the freedom and security that they so rightly deserve.

Nicole Demers (Laval, Bloc Québécois):
I want to remind hon. members that if you have never walked a mile in the shoes of someone who is discriminated against, if you have never done what someone has to do to assert themselves, be seen as a whole person and enjoy the same rights as everyone around them, if you have never done that, then it is hard to understand the despair and the problems experienced by people who live with a sword of Damocles constantly hanging over their heads, the sword of Damocles that is discrimination. […]

Unfortunately, until now, very few people have been aware of this reality or realized how much they are harming their child when they do not want a boy to dress up as a girl, or a girl to play with a boy’s toys. Our society does not view that as normal, but what could be purer, more natural and more whole than a child? If their [gender] identity seems natural to them, then why should we, as adults, not accept that? If children instinctively understand who they are and who they want to be for the rest of their lives, why is it so difficult for adults like us to understand and accept that?

Why is it so hard for us to give people an opportunity to be heard when they report discrimination, hate propaganda or violence because they have chosen to express their [gender] identity? I do not know. Maybe some of us think that we have all of the answers, that we know better because we make the laws. That is what we do here in the House. However, before we make any decisions about people’s rights, we should think long and hard. We may well be putting the lives of our own children into the hands of people who will discriminate against them. In many cases, such decisions will affect people we know but who have kept their true selves hidden because there is still shame associated with expressing one’s [gender] identity openly. […]

If we are honest with ourselves, we have to admit that our understanding of all of the dimensions of human beings is medieval. I am glad that my colleague introduced this bill, which will put an end to years of injustice.

Before coming here today, I received a message from Brian Rushfeldt [of the Canadian Family Action Coalition] urging me not to vote for this bill because it would have terrible consequences and result in abnormal and abominable sexual activities. What is so abominable about a man who identifies as a woman or a woman who identifies as a man? Can anyone tell me? I see nothing wrong with that at all. Mr. Rushfeld’s concerns are exaggerated, and it will be my pleasure to vote alongside my Bloc Québécois colleagues in favour of this bill.

Libby Davies (Vancouver East, NDP):
I note that the bill was seconded by 12 other members of Parliament from different parties. That is really significant. It tells us something about this bill that deals with fundamental human rights for transgender and transsexual people who have been denied rights for a very long time. When we see members across the floor supporting the bill and speaking from a personal point of view, it tells us this is something that is very powerful. […]

I do feel very proud that we have this bill in the House and the work that has been done by the member for Burnaby—Douglas [Bill Siksay]. He has held consultations across the country. He has brought this issue forward not only in our own caucus but in the queer community overall, as well as in the broader Canadian society. That is one of the good things we can do as members of Parliament.

Often we are told that we do not count, that we are not part of the government, that we are not this, that we are not that. This bill is a reflection of what an individual can do in building those kinds of alliances and expression of understanding and education to actually move something like this forward and to say that there is a problem in that the Canadian Human Rights Act does not yet contain a prohibited grounds of discrimination that would protect transgender and transsexual members of our society. […]

Here in Canada we believe that we are very advanced, and we are at many levels. As was noted earlier, the Canadian Human Rights Act provides protection based on sexual orientation. Our former colleague, Svend Robinson, a member of Parliament for over 25 years, did outstanding pioneering work on this issue. His private member’s bill was brought into law to ensure that sexual orientation was protected under the Criminal Code as a hate crime. A lot of work has been done.

Those of us who have been working on this issue and are aware of what is going on in the community know that the most significant protection that has not happened is for transgendered and transsexual members of our communities. Back in 2004 two students from Carleton University, Langdon and Boodram, undertook a survey to determine what is taking place in the trans community. Not surprisingly, they found significant levels of discrimination in housing, employment services, including unwelcome comments at work, unwelcome comments while living in accommodation, discrimination in bars, restaurants, schools, universities and colleges. Other surveys have taken place since then.

There is no question that these protections are needed. This bill needs to be brought into law. Then we need to raise the bar on education and awareness if we truly believe that we are a diverse society and that all people have the right to protection, rights and opportunities.

I hope that the bill will pass second reading and go to committee. It is important that we hear from witnesses firsthand because no trans people have spoken in the House. It is important that they be heard at committee so that their experience can be brought forward and that this bill can be passed into law.

Hedy Fry (Vancouver Centre, Liberal):
[A]s a physician, I really want to speak to the fact that we are denying certain members of our society, based on their group and identities, access to good care when they need it.

I have had many patients who struggled to decide if they did have a gender identity problem or if they needed to move into the next stage, which is to have whatever medical care they need to help them to deal with this issue. They were the transgender patients. Not only did they not have access to the health care they needed, or access to the ability to deal with a lot of psychological as well as the physical trauma they underwent during that period of time, many of these people faced a totally different kind of discrimination.

They faced discrimination from the heterosexual community and, in many instances, from within their own communities sometimes because no one knew who they were. They did not have access to simple things like washrooms because they were considered neither fish nor fowl. No one had decided who they were. That kind of discrimination is psychologically devastating to a person, if we put aside the medical needs for a minute. […]

As a physician, as an MP and as a Vancouverite, I have been around the community and I have seen the pain, the discrimination, the isolation and the inability to be welcomed anywhere by anyone because of the concept of people not accepting people for who they are. This is an extraordinary thing to live with. We need to look at the number of suicides and the different addictions people have to help them get out of the place where no one accepts them. We need to deal with this issue because it is of profound importance to a group of Canadians.

If we believe in our Charter of Rights and Freedoms and we buy into our Canada Health Act, we must take every step necessary to, first, make every Canadian equal under the law, and, second, by being equal under the law, the law and the nation makes a statement that we will not accept people being discriminated against in this country where we have chosen to set up a charter that speaks in section 15 to the issue of minority rights.[…]

We are talking about basic human rights and with human rights comes access to all of the things that human beings can enjoy: the ability to live in freedom and seek opportunity and potential wherever we can; to have access to justice, education, health care and all of the things that allow us as human beings to realize whatever it is that lies within us and in our potential to live meaningful lives; and to be a part of communities that accept and embrace us. […]

Those are fundamental things that we all want. We can deny other people for all sorts of trumped up reasons. There are always great reasons. We can cite legal precedents and discuss the fact that we do not understand the meaning of the words and what they pertain to, but that is a red herring. […]

Therefore, we need to start thinking about the people who live in our country and what kind of government and Parliament we are that we would allow people to live in fear with discrimination and without access to the basic human rights that other people have. I support this bill and I will be voting for it to go to committee.

Jim Maloway (Elmwood—Transcona, NDP):
Bill C-389 would add gender identity and gender expression as prohibited grounds of discrimination in the Canadian Human Rights Act and sections of the Criminal Code dealing with hate propaganda and sentencing for hate crimes. We are following up on a recommendation made as early as 2000 by the Canadian Human Rights Act Review Panel.

The bill would help protect transsexual, transgender and gender non-conforming people in Canada from the very severe discrimination they face in numerous aspects of life such as discrimination in employment, a staggering unemployment rate, housing, obtaining government and social services, including health care, official identification with consequences for banking, education and other services, business and other areas, as well as incitement to hatred, assault, sexual assault and murder.

Various studies have quoted in detail the discrimination by which trans people are subjected. Currently the Northwest Territories is the only legislature in Canada to have passed such a measure, while other cities of Toronto, Ottawa and Vancouver offer certain protections.

Although some provincial human rights commissions have found that transsexuals are already protected under grounds such as section disability, it leaves the issue invisible and it may not cover everyone who is discriminated against because of the gender identity or expression. Explicitly prohibiting discrimination on both grounds, gender identity and gender expression, will ensure a broad coverage of people who are discriminated against due to their nonconformity with social ideas of gender. It would also conform to Canada’s international statements on the issue and would follow the lead of more than 100 U.S. jurisdictions that offer such protection.

In 1986 in Manitoba, the attorney general of the day, Roland Penner, attempted to introduce initially to the NDP government caucus […] a bill to ban discrimination based on sexual orientation in the Human Rights Code. […] We had to convince people that we were simply bringing in a human right, that we were including this measure in the Human Rights Act and that people were not allowed to be discriminated against in terms of employment, finding an apartment and other areas.

The opposition, however, became very nervous about all of this and suggested that somehow the government would, at the end of the day, be promoting. Well, the world did not come to an end because of what we did in 1986. If anything, more jurisdictions adopted what we did then. After six and a half years in government as premier of Manitoba, I believe Howard Pawley, as the premier today, will tell us that what he did in terms of including sexual orientation in the human rights code of Manitoba was one of his proudest achievements of his six and a half years. […]

Doing the right thing is often difficult but, when it comes to human rights, they are fundamental in a democratic society. We cannot take any shortcuts when it comes to human rights. […]

There are more open-minded people today than there were in the 1960s. I think of lot of it has to do with the educational process. When people have issues explained to them and when they understand the issues better, they will be more accepting.

The fact is that the world did not come crashing down because of what we did in 1986. There are many other jurisdictions that are dealing with issues like this.

Bill Siksay (Burnaby-Douglas, NDP):

Mr. Speaker, I am very pleased to have the opportunity to conclude the second reading debate on my private member’s bill. […] Two concerns were raised in the debate that I would like to address.

The first was that the terms “gender identity” and “gender expression” were not defined in the bill. This is true, but it is also entirely consistent with the Canadian Human Rights Act which does not define other listed prohibited grounds of discrimination. That is no accident. It was deliberate. These terms are widely used here in Canada and around the world, and Canada, including the current government, has supported international agreements and statements where they are used. They are accepted terms, defined both in practice and in jurisprudence.

The second concern was that explicit coverage in the Canadian Human Rights Act and in the hate crimes and sentencing provisions of the Criminal Code was redundant, given the fact that decisions had already been made supporting the full human rights of transsexuals and transgender Canadians and the fact that the provisions of the Criminal Code were open-ended.

This, too, is true, but a strong argument can be made for the importance of adding to the existing list. Those who are subject to discrimination and prejudice in our society need to see themselves clearly in our laws. This confirms their place in our society. It confirms that they are valued members of our society. Without explicit recognition, the lives and struggles of transgender and transsexual people remain invisible and their issues remain unaddressed.

Accessing these protections through a convoluted process using other possibly related categories, usually the categories of sex and disability, diminishes the protection and limits our understanding of the causes and effects of the particular discrimination. A right that has to be explained is not a particularly effective right.

Clarity is also helpful in terms of public education. The clearer the law, the easier it is to explain who is protected and why. […]

This has been a historic debate. For the first time, this House has considered the situation of transsexual and transgender Canadians, the prejudice and discrimination and violence they face as they live their lives, and one of the most important remedies to those circumstances. There can be no doubt that trans Canadians face significant challenges and that they do not yet enjoy full equality in our society. Progress is being made. Some jurisdictions have acted to explicitly protect the human rights of trans Canadians. Some employers have acted to prevent discrimination. Some landlords, some health care providers, many unions, institutions, organizations and religious groups have acted. Many families have come to know and love their trans children, siblings, and parents in ways they would never have imagined.

However, there is more to be done. This bill would ensure full and explicit human rights protection in all areas of federal jurisdiction.

A word to members of the transgender and transsexual community: no matter what ultimately happens with this bill, please know that there are many in this place and thousands — no, millions — across Canada who love you and know you as you are, who recognize your experiences, your gifts and your full humanity. We stand in solidarity with you until our goals of justice and equality are achieved.

Debate at 3rd reading, February 7, 2011:

Read the entire debate (Parliament of Canada)

Bill Siksay (Burnaby-Douglas, NDP):

The bill arose from in-person consultations with members of the transgender and transsexual communities in Ottawa, Toronto and Vancouver, and with many trans folks online in communities all across Canada. It is routed in their hope of full and equal citizenship and their experience, often daily, of discrimination, prejudice, misunderstanding and violence. It is my hope that with this bill this House and Canadian society will take a stand against transphobia and for the full equality of trans Canadians. […]

I want to point out that this is not a bid for special rights but for equal rights for a very marginalized community in Canada.

[…] While there have been successful human rights complaints launched by transpeople using the current law’s provisions on “sex” and sometimes “disability”, […] it is important [to have] absolute clarity. Trans people should not have to think their way into protection using other categories originally intended to cover other groups in our society.

It is also important that a group that is marginalized in our society and that suffers significant discrimination and prejudice actually see themselves in the law, and that those who would discriminate against them know, beyond a shadow of a doubt, that their actions are not acceptable. It is also important that the Canadian Human Rights Commission have an explicit educational mandate on issues related to the experience of transsexual and transgender Canadians. […]

Another group of critics focus on one issue, the issue of public bathrooms. I will state clearly and emphatically that nothing in this bill would allow inappropriate conduct in public washrooms. It would not change criminal and other sanctions that exist for assault, sexual assault, pedophilia, indecency, harassment, exhibitionism or voyeurism. For example, peeping Toms or men disguised as women who enter a women’s washroom to harass or assault women or girls would still be subject to criminal charges. This bill does nothing to change the sanctions against such inappropriate behaviour. Raising this issue in the way it has been raised is purely and simply alarmist. It implies, too, that trans people are somehow criminal by nature, an idea that is patently false. […]

In reality, it is transpeople who face serious problems in public washrooms. They are the ones who have been assaulted, insulted and denied access. This is the actual problem and it is a serious problem that should demand our attention. Transgender and transsexual people should be able to go about the activities of daily living without fear or discrimination. […]

In conclusion, I want to paraphrase a statement from the Canadian Labour Congress and an earlier work by the Canadian Auto Workers Union in their handbook called To our allies a handbook on LGBT rights and how people can work in support and solidarity of those rights:

Until we’re considered equal, and not simply ‘tolerated’.
Until our youth aren’t forced to leave home for the streets.
Until our partners are welcome at all family, social and workplace events.
Until the police are there to protect us, not harass us.
Until sex workers are not seen as criminals.
Until our children see our families reflected in school curriculum and story books.
Until our differences and our cultures are celebrated not denied.
Until it’s safe to come out at work.
Until it’s safe to come out at school.
Until hospitals, banks, travel agents, and insurance companies see us as people, not diseases, problems or profits.
Until we’re not stereotyped into certain jobs or denied others.
Until parents aren’t freaked out by having transgender children.
Until we don’t have to justify, explain, or expose our private lives.
Until harassment at work stops.
Until our streets are safe for trans people.
Until religions open their doors to our celebrations and expressions of faith.
Until we can express our gender without fear of reprisal or ridicule.
Until gender stereotyping stops and we are all free to be wholly human.
Until the cure for transphobia is discovered.
Until we can love and be loved, with joy and abandon.

Here in the House this week we can ensure that at least in part “until” becomes now for transgender and transsexual Canadians.

Megan Leslie (Halifax, NDP):

I was here for the first hour of debate at second reading when my colleague, the member for Burnaby—Douglas, moved the bill and spoke to it. He pointed out what a historic moment it was, a moment to actually have a debate on transgender issues in Parliament and that it was the first time that this issue had even been discussed within these four walls, in the House of Commons. The member for Burnaby—Douglas, who is a tireless advocate for issues in the rainbow community and also the NDP critic on sexual orientation and gender identity policy, pointed out that while it was a historic moment in the House, his one regret was that, to our knowledge, there were no transgendered MPs in the House who could speak to this bill and provide a first voice perspective to the importance of this legislation.

[…] nothing that I can say about our trans rights bill in this House could be a replacement for hearing from the lived experiences of transgendered Canadians. I am going to use my time today to bring the voices of people, some from Halifax and others from around Canada, who contacted me about this bill. […] I want to share their voices with everyone in this House, so that these people have an opportunity to be heard by all MPs in this important debate.

Sandra Bornemann is a young woman with whom I have had the privilege of working with in Halifax. She works for the youth project in Halifax. We worked on some projects together. We worked on some issues together. Sandra wrote to me and said quite simply, “Trans people are often victims of discrimination, harassment and violence. They are all too often denied employment, housing, access to health care and face difficulties obtaining identification. Trans people are workers, citizens and beloved members of our families. They deserve respect, equality and protection from discrimination and violence.”

[…]Another constituent of mine wrote: “I am a resident of Halifax and am a transgendered person. While I have spent much of my career advocating for the rights of others (e.g. African Nova Scotians, persons with disabilities, new Canadians, single parents, gay, lesbian and bi) within my community, I have never been able to find the courage to identify that I am transgendered or to advocate for myself. It was only a few years ago that I disclosed to my wife and adult children that I am transgendered. Perhaps the reasons for keeping this a secret have been numerous. For example, not wanting to distract attention from the groups I worked with. Also, there was certainly fear. The fear of discrimination, loss of employment, hurt to my family and friends, etc. There was also the fear of being labelled sick, as I have heard others refer to transgendered people so many times. I have become aware of Bill C-389, an Act to Amend the Canadian Human Rights Act and the Criminal Code and I am asking that you support this bill.” […]

John Ross and Rev. Warren Schell co-wrote a letter to me, and it reads: “We are writing to you today to ask you to support Bill C-389. We are very aware that transsexual and transgender people are among the most marginalized persons in our society. They often encounter great difficulty in finding places to live, employment and services.” […]

I would like to read another excerpt from a letter I received from Mercedes Allen, who said, “I would like to express my deepest appreciation for your support of Bill C-389 at second reading, and hope that you will continue to do so when the bill comes up for discussion and final discussion and vote on Wednesday, February 9th”. […]

I will read from another letter that I received, which states: “I am writing today to contribute my support for Bill C-389. Currently, transpeople are only protected implicitly, and often face extreme violence and discrimination. Many people live in poverty and have difficulty paying for the daily costs of living and health care. This is largely due to the discrimination and violence that they are subjugated to, including difficulty in finding employment, residence, support networks, and services. It is a testament to the strength of many transpeople who have overcome all odds to stand up for their rights. Currently, transpeople are underrepresented in governments worldwide. There have been only two openly transsexual members of Parliament in the world, Georgina Beyer (New Zealand) and Vladimir Luxuria (Italy). While a few places in the world offer explicit protections to trans people, Canada does not. I feel it is time for Canada to again become a leader in human rights and offer explicit protections for transgender, transsexual and gender-variant members of our community. I urge you and your colleagues to be a voice for members of your constituency whose protections are at stake and support Bill C-389”. This letter was from April Friesen.

Another constituent from Halifax, Stephanie Ehler, wrote to me and stated the following: “It’s an unfortunate travesty that more hasn’t been done before now for the rights of persons who are transgendered. The current situation really puts the pressure on you to do all you can to make positive steps forward and you have my support and encouragement in doing so.”

Matthew McLauchlin and Susan Gapka, two utterly tireless trans rights advocates […] pointed out that the areas of federal jurisdiction covered by the bill are some of the most sensitive areas where trans people are affected and where they are more likely to be harassed: banks, air travel, immigration, customs, prisons, and the list goes on. These are really important areas that we need to address. Matt dispelled the so-called bathroom argument pretty succinctly when he said to me, “On the bathroom scare, it’s pretty hypocritical considering that this has never happened in any of the more than 100 U.S. and overseas jurisdictions with protection, but washroom harassment has happened to nearly every trans person”. That is a good point.

The letters that I have shared with MPs in the House do not even come close to the number of face-to-face contacts I have had with trans people from Halifax and their allies, who thank me for our support of this bill and share with me their stories of courage, fear, bravery, anger, terror, love, hate, pride, power, and stories about themselves or people that they love. I really believe that if every MP had the opportunity to hear the stories and look people in the eye while listening to them, they would have no choice but to support this bill.

Marlene Jennings (Notre-Dame-de-Grâce—Lachine, Lib.):

[…] There are a number of myths surrounding this bill and the impact it will have. I would like to speak about the eight main myths and show that they are not based on truth or fact. […]

Myth number one is that Bill C-389 would provide an opportunity for pedophiles to hang out in bathrooms, waiting for young girls. This is completely false. Pedophilia is an heinous crime in all circumstances, without exception. Pedophilia is punishable under the Criminal Code of Canada […] In no way whatsoever would the bill permit any form of sexual exploitation, including pedophilia. I find it offensive to characterize all transgendered individuals as pedophiles, as some have done in their opposition to the bill.

Myth number two is that the bill would expose our children to perverts in public showers and changing rooms. […] This is, again, a completely false statement. As indicated above, in no way whatsoever would the bill permit any form of sexual exploitation. Any form of sexual exploitation is punishable under our Criminal Code. Therefore, for people to claim that the bill would legalize sexual exploitation, in certain cases, is completely false. They know it is false, and shame on them for trying to use that as an argument against the bill.

Myth number three is that the bill would override other criminal laws. It is shameful that anyone would try to use that argument to oppose Bill C-389. Part V of the Criminal Code of Canada is clear on what constitutes a sexual offence. Nothing in Bill C-389 would supersede or override these provisions, regardless if one is transgendered or not. Therefore, for people to promote that myth, shame on them.

Myth number four is that teaching of gender expression in schools would become mandatory. There is not a single provision in the bill which would require the teaching of gender expression in schools. […]

Myth number five is that Bill C-389 would promote sexual confusion among vulnerable teens. […] The bill would not promote sexual confusion. If anything, it would promote sexual clarity. We have heard about how young teens who are transgendered are thrown out of their homes are subject to discrimination. For teens to feel safe about expressing their gender, sexuality and identity is necessary in a free and democratic society that promotes the rights of everyone and seeks to protect individuals and groups from discrimination. This bill would move that fight and that protection so much further in a positive way.

Myth number six is that Bill C-389 is being advanced for a tiny group of sexual activists. Again, this is completely false. Transgendered individuals face an unacceptable amount of discrimination in their everyday lives and are likely to become victims of violence. […] Although transgendered individuals constitute a small minority of the Canadian population, all Canadians have an equal right not to be subjected to discrimination. This bill is being advanced in the name of equal rights. It is not because there is one, or ten, or a hundred that discrimination is justified. It is not justified.

All Canadians, regardless of their sexual orientation or their gender expression or identity have a right to be safe, to work, to equal access to health services, to lodging and to move about in our society without fear of being victims of violence because of their gender expression or identity. If adopted, the bill will go a long way to ensuring that.

Myth number seven is that Bill C-389 would make any complaint against transgendered individuals a hate crime. Again, this is completely false. Not all complaints against transgendered individuals will be considered hate crimes. The Canadian Human Rights Act defines a hate message as “any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.” Only messages relating to transgendered individuals that fall within the above definition would be considered hate messages. This is currently the case for messages related to one’s race, national or ethnic origin, colour, religion, age, or sex.

I will have to end there because my time is up. However, I support the bill and I urge all my colleagues, including those of my caucus, to support it.

Bill Siksay:

I would like to speak personally for a moment. As a gay man, I know that securing my place as a full and equal citizen has been a long journey and an often hard-fought struggle. As a gay man, I know that my liberation came about thanks to the hard work, risk-taking and sacrifice of many queer brothers and sisters, and many strong allies. As a gay man, I know that the battle for my equality in our society was often led, often championed, by members of the transgender and transsexual community. I know that it was the drag queens who helped us fight back, and perhaps taught us to fight back, against the oppression, discrimination, prejudice and violence that we faced.

At Stonewall, but also long before and long after Stonewall, it was members of the trans community who helped lead and motivate our fight, and who stood in solidarity with us time and time again. That is one reason why I am proud to stand in solidarity with the transgender and transsexual community, as we finally seek their full equality and seek to establish their full human rights in law in Canada.

I have been greatly honoured to have been taken into the confidence of the trans community to be an ally and to work in solidarity with the community. It has been an honour to hear their stories and learn of their struggles. I have learned to be a better ally, a better friend, a better citizen as a result.

I have met beautiful, strong, loving and articulate people who face challenges I can hardly imagine and I am sure I do not fully appreciate. I count as friends people who live proud lives and express their full humanity against many odds. My understanding of what it means to be fully human has been challenged and expanded greatly by what I have been taught.

I have seen and sometimes shared the frustration, the anger, the tears and the deep sadness of people who are not yet equal, who too often face violence, sometimes to the point of death, and who mourn the loss of friends and family for whom the pain was more than they could bear. I have been strengthened by their resolve to claim their true identity and their place in our society, to live full lives and to be fully human.

[…] Let us remember that things have changed since we began this particular project six years ago. Let us remember that this is not the only forum in the struggle for the full equality of trans people. Let us not forget the victories and progress we have made in other places. Let us bask in the support of the new friends and allies we have found here in this place and across the country, and let us get ready to resume our work with new strategies and new plans.

I am confident that the change we seek will come. Justice will be done, and perhaps very soon the open and proud voice of transgender and transsexual Canadians will be heard loudly and clearly in this place. I hope that very soon an open member of the trans community will be elected and be able to directly, and from personal experience, voice the concerns of the community here in the House of Commons. There are celebrations to come.