VICTORIA—Canadians may soon see legal protection for trans and gender-variant individuals.
Bill C-389, which is expected to go through its third reading in the House of Commons in December, would add gender identity and gender expression to the definition of an “identifiable group” in the Criminal Code’s hate provisions. It would also add gender identity and gender expression to prohibited grounds of discrimination in the Canadian Human Rights Act.
“[The bill would give]…explicit legal protections, rather than ones that are implicit,” said Meris Colby, UVic Pride’s representative to trans groups.
First-year UVic student Katie Fukada showed her support by signing an online petition that sent her MP an email in support of Bill C-389.
“I feel like this bill is really important. I wanted to make sure that my rights and the rights of people that I care about very much are protected,” she said. “Everybody has a right to safety and I think this bill would just help enshrine that.”
Fukuda didn’t, however, expect a response from LaVar Payne, a Conservative MP representing her home riding of Medicine Hat, Alberta.
Although she didn’t expect Payne to be in support of Bill C-389, Fukuda said the response she got was shocking.
The letter from Payne said that for gender identity and expression to be considered for addition to the criminal code, “We need enough evidence to conclude that there are enough cases of hate propaganda against transgender people.”
“That was really what bothered me the most,” said Fukuda. “He literally says that he doesn’t see there being instances of transphobia and I’m like, ‘Can you take a look around?’ So I found that to be really hurtful and really ignorant.”
Payne’s response also mentioned broadening identifiable groups in the criminal code “will further infringe on Canadians’ right to free speech.”
Payne could not be reached for comment as of press time.
Victoria NDP MP Denise Savoie, however, said the suggestion Bill C-389 would limit free speech is “ridiculous.”
“[The bill] doesn’t eliminate any existing right that’s held within our constitution,” said Savoie. “It simply gives people who are…marginalized and who do face prejudice and often violence…a certain protection that doesn’t exist now. So I would just say that seems like hogwash to me and an excuse for not supporting the bill.”
O’Connor echoed that trans and gender-variant people do face discrimination and cited a recent study that highlights the effects of that discrimination.
“[The study was] basically saying trans people have a 25 per cent higher chance of attempting suicide, and they’re significantly underemployed compared to the general population and generally discriminated against in health care because few people understand their problems. There’s a lot of societal momentum to work against and there’s really no indicators right now that it is something anyone cares about beside queer groups,” said O’Connor.
Colby is hopeful that Bill C-389 reaching its third reading in Parliament will help bring attention to trans issues.
“I think it’s just gaining a lot of momentum right now. There’s a lot more publicity now that it’s reached this point,” said Colby. “It’s the third attempt so it’s finally gotten far enough through that people are paying attention to it.”
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An observation… The picture in the article shows a generic & androgynous looking form, in front of washrooms, the insinuation that they don’t know which one to use, is pretty blatant.
To clarify, Bill C-389 is NOT about bathrooms. Trans people already have the RIGHT to use the washroom that is in line with their gender presentation.
Bill C-389 is to prevent discrimination in the areas relating to employment, housing, medical care and the acquisition of goods and services. Currently it is NOT illegal to fire Trans people from jobs, claiming that the trans status is termination-worthy. I have been fired for being trans, as have other trans people I know. Doctors regularly deny access to ANY health care, let alone specialty care that some trans conditions require from time to time. The denial of housing is rampant. Likewise I’ve not met many Trans people who have not encountered extremely vile & disgusting behaviour from those supposedly providing goods and services, from a supermarket cashier making rude comments, through to having ambulance crews deny a person even an assist into a hospital after being seriously injured. (been there, endured that).
This bill, closes the loopholes whereby this discrimination is legally tolerated. It would give Trans people the RIGHTS that everyone else takes for granted.
It’s NOT just about where someone decides to go pee.
I see this legislation as a bare minimum as far as trans issues are concerned. Anyone who doesn’t support it because it might “limit free speech” is being absurd.
This comment has been removed for violating The Ubyssey’s commenting policy.
Whoa, Rick, really?
Transgendered people don’t need to be cured, it is entirely different situation than the Furries you are referring to. One is a demographic of people that identify themselves as having different views on gender and identity.
The other demographic, the Furries, like to dress up as animals and invariably get it on and not necessarily with the same species.
Leslea – if you are correct that trans people currently have the right to use either bathroom then bill C-389 sets a dangerous precedent by taking away the rights of women and children to question a man entering a women’s washroom, shower or change facility. Should a woman react negatively to finding a man in a women’s washroom, and should that person turn out to be a trangendered individual, under legislation proposed by Bill C-389 the woman can be charged with a hate crime. This is appalling especially given your assertion that trans people currently have legally protected rights. Women will now have to carefully consider questioning a man in a women’s facility for fear of being prosecuted for hate crimes. Furthermore, a rapist or pedophile who does enter a girl’s washroom can escape legal prosecution under the guise of a transgendered individual. The courts and tribunals of Canada have already upheld the rights of transgendered individuals to be protected against discrimination thus making Bill C-389 only symbolic in terms of the real protections it will provide to transgendered persons. This bill will however increase the risks faced by women and children in public facilities and for this reason must be strongly opposed.
It probably doesn’t make a difference to you that, in the more than one hundred states and municipalities in the U.S. that already have protections on the basis of gender identity, there has never been a single case of anyone attempting to protect inappropriate behaviour in a washroom or locker room in the way you suggest.
But it’s especially cruel to use this silly “bathroom excuse” when trans people themselves, especially ones whose genders are misinterpreted by others, are at extreme risk whenever they attempt to use the washroom. I think all of my trans friends have at one time or another have been harassed or physically attacked in a washroom. A washroom! Which every human being has to use!
Trans people are subjected to huge amounts of discrimination, hatred, and violence. C-389 is desperately needed.
Suzie, your argument is analogous to saying, “We should ban driving because there’s the off chance of people dying from car accidents.” When you stand back and actually look at it, it’s a silly, and very flawed, argument.
Besides, when a transgendered “man” walks into a woman’s washroom, you probably would not be able to tell that she was born a male.
Admit it. Most of you feel uneasy at the thought of a tranny. It’s NATURAL, it’s the truth. Forcibly covering up the truth is tantamount to lying.
i think this is not right because this means rapist can come in to girls washroom and rape us and i dont want that to happen to the girls so i disagree with letting trans people in girls washroom just make a washroom for trans people smiple as that no girls get harm at all so if you disagree with me i dont care this is true
interesting proposition young lady (or man?). any word yet on the bill to let transexuals declare unrestricted free agency to avoid unwanted trades by teams trying to land a veteran for their playoff run?
So now that we recognize multiple genders how many public bathrooms do we have to Put everywhere? I don’t want to share a bathroom with some guy who is so skewed up that he takes hormonal to grow breasts and is turned on watching me go to the bathroom. Why don’t we just say that homicidal tendencies is a valid expression of the empowered human and we should respect the needs of individuals who feel a need to practice the way of life they feel drawn to live, namely satanic human sacrifice. It’s the same argument. Think about it. Our country is getting ridiculous. There are only two genders. You people are completely insane.
I urge everyone to stop referring Bill C-389 as the “Bathroom” Bill, which there is no mention of bathroom in the proposed amendment.
This was just a scare tactic that was used by a bunch of alarmists in parliament to swing votes, and it was blown way out of proportion by the media. Don’t forget they tried to use the same “bathroom” thing, when gay and lesbians were seeking equal rights.
Life is not black and white (what society wants), its all different colours. Its time that, we all be treated the same.
I’m also glad that some Conservatives members have a brain, and voted in favor for this legislation.
You’re right. Life is not black and white.
This is why you sound illogical and bigoted when you imply that whoever doesn’t agree with your particular viewpoint lacks a brain.