I use the term trans* in this article as an umbrella term that seeks to encompass the broad spectrum of trans* identities, gender variance and non-binary gender expression present today in Canada. I approach this topic as a cisgendered white lesbian who cares deeply about these issues.
Last week, the federal government introduced Bill C-16 in the House of Commons. This is the seventh bill introduced in the House with the intention of better protecting the legal rights of trans* Canadians, but the first by the sitting government. In short, the bill’s short paragraphs amend the Canadian Human Rights Act and the Criminal Code’s hate crime provisions to include gender identity and expression as protected grounds against discrimination and harassment. In effect, the bill is just the beginning of what it will mean for the law to better protect trans* rights.
I don’t want to diminish the necessity of this first legal step and its potential to better trans* peoples’ lives. Here we are, in 2016, with a sitting federal government finally taking the initiative to improve legal protections for a community that has faced grossly disproportionate amounts of violence, hatred, abuse and oppression. If passed, the bill will allow judges in Criminal Law matters to impose harsher sentences for criminal assaults motivated by hatred based on gender identity and expression. It will also protect trans* individuals from discrimination when accessing federal public services and in federally regulated areas of law (such as immigration, air travel and border crossings).
However, provinces and territories are responsible for creating laws about matters such as healthcare and education, so there will remain inconsistencies from province to province regarding, for example, funding of gender affirming surgeries, changes to identification documents, and laws about the rights of trans* people in publicly funded schools. Each province and territory currently protects at least gender identity, either explicitly or implicitly, in its respective Human Rights laws, but more fulsome protections, including the explicit inclusion of gender identity and gender expression in Human Rights legislation, should be a priority for provinces lacking them.
Previous attempts to protect trans* rights through passing this legislation at the federal level have either failed to advance to a reading on the floor of the House of Commons, or, in the most recent attempts in 2011 and 2015, have not made it through the senate reading. In 2015, the senate gutted Bill C-279’s protections with amendments exempting the Bill’s application to public washrooms and change rooms, prisons and crisis centres.
What will it take for Bill C-16 to become law, and to do so with full protections for Canada’s trans* population? I propose that the answer is advocacy at all levels of government. This advocacy work cannot lie entirely with trans* communities. Advocacy is exhausting work that trans* folks have been doing for a very long time. The rest of us – the LGBQ2IA’s of the acronym, and our straight, gender-conforming allies, need to step up and walk alongside trans* people in this fight. MPs and senators need to know that we support this bill and that we support them voting in favour of it, as it is, with no amendments. Prime Minister Trudeau and the Liberal party need to know what you think about Bill C-16, and that you support their work for trans* Canadians.
Once it becomes law, we should continue to walk alongside the trans* community as they navigate the complex legal world and figure out how other laws need to change to better align with their lived experiences. We also need to support trans* folks as they begin to bring cases before Canada’s Human Rights Tribunal. We need to listen to their stories, believe what they say and ask how we can help.
Now is the time for this bill to finally become law. There is a lot of support within the sitting government for its passage, but the senate gets the final say. Hopefully, Trudeau’s appointment of nine new non-partisan senators last week will help. But let’s not leave it to chance. Write letters, made calls, and seek out groups in your community who are advocating for this bill. Join them in making this country safer for trans* folks.
Rachael Lake is a staff lawyer with Waterloo Region Community Legal Services, practising in the areas of Disability and Employment Insurance Law. Reasonable Doubt appears on Mondays.
A word of caution: You should not act or rely on the information provided in this column. It is not legal advice. To ensure your interests are protected, retain or formally seek advice from a lawyer. The views expressed in this article do not necessarily reflect those of Waterloo Region Community Legal Services.
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