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== Criticism and support ==
== Criticism and support ==
{{see also|Jordan Peterson#Of_Bill_C-16|label 1=Jordan Peterson on Bill C-16}}
{{see also|Jordan Peterson#Of_Bill_C-16|label 1=Jordan Peterson on Bill C-16}}
[[Jordan Peterson]], a professor of psychology at the [[University of Toronto]], criticized the bill, claiming that it infringed [[freedom of speech]].<ref>{{cite news | last=Murphy | first=Jessica | url=http://www.bbc.co.uk/news/world-us-canada-37875695 | title=Toronto professor Jordan Peterson takes on gender-neutral pronouns | publisher=[[BBC]] | date=4 November 2016 }}</ref><ref>{{cite news | last=Peterson | first=Jordan B.| url=http://thehill.com/blogs/pundits-blog/civil-rights/301661-this-canadian-prof-defied-sjw-on-gender-pronouns-and-has-a | title=Canadian gender-neutral pronoun bill is a warning for Americans | website=The Hill }}</ref> Some academics challenged Peterson's interpretation of the legal effects of the bill,<ref name="Globe">{{cite web|url=https://www.theglobeandmail.com/news/national/university-of-toronto-professor-defends-right-to-use-gender-specific-pronouns/article32946675/|title=University of Toronto professor defends right to use gender-specific pronouns|first=Simona|last=Chiose|website=[[The Globe and Mail]]|date=November 19, 2016}}</ref> while others such as [[Robert P. George]] supported him.<ref name="freedom/hate">{{cite news|first=Patty|last=Winsa|title=He says freedom, they say hate. The pronoun fight is back|url=https://www.thestar.com/news/insight/2017/01/15/he-says-freedom-they-say-hate-the-pronoun-fight-is-back.html|date=January 15, 2017|work=''[[Toronto Star]]''}}</ref> In November 2017, Peterson's critique of the law was deemed unsuitable for presentation at [[Wilfrid Laurier University]] by two professors of [[Communication studies]] and the university's Manager of Gendered Violence Prevention and Support, who said it created "an unsafe learning environment" and was itself in violation of Bill C-16.<ref>{{cite news|first=Christie|last=Blatchford|author-link=Christie Blatchford|url=http://nationalpost.com/opinion/christie-blatchford-thought-police-strike-again-as-wilfrid-laurier-grad-student-is-chastised-for-showing-jordan-peterson-video|title=Christie Blatchford: Thought police strike again as Wilfrid Laurier grad student is chastised for showing Jordan Peterson video|date=November 10, 2017|work=[[National Post]]|accessdate=November 20, 2017}}</ref><ref>{{cite news|first=Tristin|last=Hopper|url=http://nationalpost.com/news/canada/heres-the-full-recording-of-wilfrid-laurier-reprimanding-lindsay-shepherd-for-showing-a-jordan-peterson-video|title=Here’s the full recording of Wilfrid Laurier reprimanding Lindsay Shepherd for showing a Jordan Peterson video|date=November 20, 2017|work=[[National Post]]|accessdate=November 28, 2017}}</ref><ref>{{cite news|first=Brian|last=Platt|url=http://nationalpost.com/news/politics/what-the-wilfried-laurier-professors-got-wrong-about-bill-c-16-and-gender-identity-discrimination|title=What the Wilfrid Laurier professors got wrong about Bill C-16 and gender identity discrimination|date=November 20, 2017|work=[[National Post]]|accessdate=November 28, 2017}}</ref>
[[Jordan Peterson]], a professor of psychology at the [[University of Toronto]], criticized the bill, claiming that it infringed [[freedom of speech]].<ref>{{cite news | last=Murphy | first=Jessica | url=http://www.bbc.co.uk/news/world-us-canada-37875695 | title=Toronto professor Jordan Peterson takes on gender-neutral pronouns | publisher=[[BBC]] | date=4 November 2016 }}</ref><ref>{{cite news | last=Peterson | first=Jordan B.| url=http://thehill.com/blogs/pundits-blog/civil-rights/301661-this-canadian-prof-defied-sjw-on-gender-pronouns-and-has-a | title=Canadian gender-neutral pronoun bill is a warning for Americans | website=The Hill }}</ref> Some academics challenged Peterson's interpretation of the legal effects of the bill,<ref name="Globe">{{cite web|url=https://www.theglobeandmail.com/news/national/university-of-toronto-professor-defends-right-to-use-gender-specific-pronouns/article32946675/|title=University of Toronto professor defends right to use gender-specific pronouns|first=Simona|last=Chiose|website=[[The Globe and Mail]]|date=November 19, 2016}}</ref> while others such as [[Robert P. George]] supported him.<ref name="freedom/hate">{{cite news|first=Patty|last=Winsa|title=He says freedom, they say hate. The pronoun fight is back|url=https://www.thestar.com/news/insight/2017/01/15/he-says-freedom-they-say-hate-the-pronoun-fight-is-back.html|date=January 15, 2017|work=''[[Toronto Star]]''}}</ref>


The [[Canadian Bar Association]] supported the passage of the bill, by writing a detailed letter to the Chair of the Standing Senate Committee on Legal and Constitutional Affairs. Speaking for the CBA, the President, René J. Basque, Q.C./c.r, argued that the bill would provide necessary protections for trans-gender people; made explicit the protections for trans-gender people which were already contained in the prohibition on discrimination based on sexual orientation; and did not pose any risk to freedom of expression.<ref>[https://www.cba.org/CMSPages/GetFile.aspx?guid=be34d5a4-8850-40a0-beea-432eeb762d7f Letter from René J. Basque, QC/cr, President of the Canadian Bar Association, to The Honourable Bob Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, May 10, 2017.]</ref>
The [[Canadian Bar Association]] supported the passage of the bill, by writing a detailed letter to the Chair of the Standing Senate Committee on Legal and Constitutional Affairs. Speaking for the CBA, the President, René J. Basque, Q.C./c.r, argued that the bill would provide necessary protections for trans-gender people; made explicit the protections for trans-gender people which were already contained in the prohibition on discrimination based on sexual orientation; and did not pose any risk to freedom of expression.<ref>[https://www.cba.org/CMSPages/GetFile.aspx?guid=be34d5a4-8850-40a0-beea-432eeb762d7f Letter from René J. Basque, QC/cr, President of the Canadian Bar Association, to The Honourable Bob Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, May 10, 2017.]</ref>

In November 2017, a teaching assistant at [[Wilfrid Laurier University]] was reprimanded for showing Peterson’s critique of Bill C-16 by faculty members who said it created "an unsafe learning environment", with one faculty member incorrectly claiming the teaching assistant had violated Bill C-16.<ref>{{cite news|first=Christie|last=Blatchford|author-link=Christie Blatchford|url=http://nationalpost.com/opinion/christie-blatchford-thought-police-strike-again-as-wilfrid-laurier-grad-student-is-chastised-for-showing-jordan-peterson-video|title=Christie Blatchford: Thought police strike again as Wilfrid Laurier grad student is chastised for showing Jordan Peterson video|date=November 10, 2017|work=[[National Post]]|accessdate=November 20, 2017}}</ref><ref>{{cite news|first=Tristin|last=Hopper|url=http://nationalpost.com/news/canada/heres-the-full-recording-of-wilfrid-laurier-reprimanding-lindsay-shepherd-for-showing-a-jordan-peterson-video|title=Here’s the full recording of Wilfrid Laurier reprimanding Lindsay Shepherd for showing a Jordan Peterson video|date=November 20, 2017|work=[[National Post]]|accessdate=November 28, 2017}}</ref> Commenting on the incident, University of Toronto law professor [[Brenda Cossman]] noted that the Canadian Human Rights Act (which C-16 amended) does not apply to universities, and that it would be highly unlikely for a court to find the teaching assistant’s actions were discriminatory under the comparable portions of the [[Ontario Human Rights Code]].<ref>{{cite news|first=Brian|last=Platt|url=http://nationalpost.com/news/politics/what-the-wilfried-laurier-professors-got-wrong-about-bill-c-16-and-gender-identity-discrimination|title=What the Wilfrid Laurier professors got wrong about Bill C-16 and gender identity discrimination|date=November 20, 2017|work=[[National Post]]|accessdate=November 28, 2017}}</ref>


== References ==
== References ==

Revision as of 15:02, 28 November 2017

An Act to amend the Canadian Human Rights Act and the Criminal Code
Parliament of Canada
  • An Act to amend the Canadian Human Rights Act and the Criminal Code (Bill C-16, 2016)
CitationSC 2017, c. 13
Territorial extentCanada
Enacted byParliament of Canada
Royal assentJune 19, 2017
CommencedJune 19, 2017
Legislative history
Bill citationC-16
Introduced byJody Wilson-Raybould, Minister of Justice
IntroducedMay 17, 2016
First readingHouse of Commons: May 17, 2016
Second readingOct 18, 2016
Third readingNov 18, 2016
First readingSenate: November 22, 2016
Second readingMarch 2, 2017
Third readingJune 15, 2017

An Act to amend the Canadian Human Rights Act and the Criminal Code (Bill C-16, 2016) is a law passed by the Canadian Parliament. Introduced on May 17, 2016, the bill adds gender expression and identity as a protected ground to the Canadian Human Rights Act, and also to the Criminal Code provisions dealing with hate propaganda, incitement to genocide, and aggravating factors in sentencing.

The bill passed the legislative process in the House of Commons and the Senate, and became law upon receiving Royal Assent on June 19, 2017, coming into force immediately.[1][2][3]

Summary

The summary of Bill C-16 is as follows:

The bill is intended to protect individuals from discrimination within the sphere of federal jurisdiction and from being the targets of hate propaganda,[4] as a consequence of their gender identity or their gender expression. The bill adds “gender identity or expression” to the list of prohibited grounds of discrimination in the Canadian Human Rights Act and the list of characteristics of identifiable groups protected from hate propaganda in the Criminal Code. It also adds that evidence that an offence was motivated by bias, prejudice or hate based on a person’s gender identity or expression constitutes an aggravating circumstance for a court to consider when imposing a criminal sentence.[5]

Amendments to the Canadian Human Rights Act

The law amends the Canadian Human Rights Act by adding "gender identity or expression" as a prohibited ground of discrimination.[6] That makes it illegal to deny services, employment, accommodation and similar benefits to individuals based on their gender identity or gender expression within a federal regulated industry. A person who denies benefits because of the gender identity or gender expression of another person could be liable to provide monetary reimbursement. This prohibition would only apply to matters within federal jurisdiction.

Amendments to the Criminal Code

The law amends the Criminal Code by adding "gender identity or expression" to the definition of "identifiable group" in section 318.[7][8] Section 318 makes it a criminal offence to advocate or promote genocide against members of an identifiable group, which now includes gender identity or gender expression. Since the definition of "identifiable group" is also used in s 319 of the Code, the amendment also makes it a criminal offence to incite or promote hatred because of gender identity or gender expression.[9]

The law also adds "gender identity or expression" to section 718.2 of the Criminal Code.[10] This section is part of the sentencing provisions and makes gender identity and gender expression an aggravating factor in sentencing, leading to increased sentences for individuals who commit crimes motivated by bias, prejudice or hate based on gender identity or expression.

Predecessor bills

The Act is the most recent iteration of several proposed bills introduced to previous parliaments. In 2005, New Democratic Party MP Bill Siksay introduced a bill in the House of Commons to explicitly add "gender identity or expression" as prohibited grounds of discrimination in the Canadian Human Rights Act. He reintroduced the bill in 2006. In May 2009, he introduced it again, with additional provisions to add gender identity and gender expression to the hate crimes provisions of the Criminal Code. In February 2011, it passed third reading in the House of Commons with support from all parties, but was not considered in the Senate before Parliament was dissolved for the 41st Canadian federal election. Two bills, C-276 and C-279, on the subject were introduced in the 41st Canadian Parliament by both the Liberals and the NDP, respectively. The NDP's Bill C-279 passed second reading on June 6, 2012. However, that bill also died on the Senate order paper when the 2015 federal election was called.

Criticism and support

See also: Jordan Peterson on Bill C-16

Jordan Peterson, a professor of psychology at the University of Toronto, criticized the bill, claiming that it infringed freedom of speech.[11][12] Some academics challenged Peterson's interpretation of the legal effects of the bill,[13] while others such as Robert P. George supported him.[14]

The Canadian Bar Association supported the passage of the bill, by writing a detailed letter to the Chair of the Standing Senate Committee on Legal and Constitutional Affairs. Speaking for the CBA, the President, René J. Basque, Q.C./c.r, argued that the bill would provide necessary protections for trans-gender people; made explicit the protections for trans-gender people which were already contained in the prohibition on discrimination based on sexual orientation; and did not pose any risk to freedom of expression.[15]

In November 2017, a teaching assistant at Wilfrid Laurier University was reprimanded for showing Peterson’s critique of Bill C-16 by faculty members who said it created "an unsafe learning environment", with one faculty member incorrectly claiming the teaching assistant had violated Bill C-16.[16][17] Commenting on the incident, University of Toronto law professor Brenda Cossman noted that the Canadian Human Rights Act (which C-16 amended) does not apply to universities, and that it would be highly unlikely for a court to find the teaching assistant’s actions were discriminatory under the comparable portions of the Ontario Human Rights Code.[18]

References

  1. ^ LegisInfo (42nd Parliament, 1st Session).
  2. ^ LEGISinfo - House Government Bill C-16 (42-1)
  3. ^ Tasker, John Paul (June 16, 2017). "Canada enacts protections for transgender community". CBC News. Retrieved June 16, 2017.
  4. ^ Library of Parliament: "Hate Propaganda".
  5. ^ Library of Parliament Research Publications: "Legislative Summary of Bill C-16: An Act to amend the Canadian Human Rights Act and the Criminal Code".
  6. ^ Bill C-16 (2016), clause 2.
  7. ^ Bill C-16 (2016), clause 3.
  8. ^ Criminal Code, RSC 1985, c C-46, s 318(4).
  9. ^ Criminal Code, s 319(7).
  10. ^ Bill C-16 (2016), clause 4.
  11. ^ Murphy, Jessica (4 November 2016). "Toronto professor Jordan Peterson takes on gender-neutral pronouns". BBC.
  12. ^ Peterson, Jordan B. "Canadian gender-neutral pronoun bill is a warning for Americans". The Hill.
  13. ^ Chiose, Simona (November 19, 2016). "University of Toronto professor defends right to use gender-specific pronouns". The Globe and Mail.
  14. ^ Winsa, Patty (January 15, 2017). "He says freedom, they say hate. The pronoun fight is back". Toronto Star. {{cite news}}: Italic or bold markup not allowed in: |work= (help)
  15. ^ Letter from René J. Basque, QC/cr, President of the Canadian Bar Association, to The Honourable Bob Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, May 10, 2017.
  16. ^ Blatchford, Christie (November 10, 2017). "Christie Blatchford: Thought police strike again as Wilfrid Laurier grad student is chastised for showing Jordan Peterson video". National Post. Retrieved November 20, 2017.
  17. ^ Hopper, Tristin (November 20, 2017). "Here's the full recording of Wilfrid Laurier reprimanding Lindsay Shepherd for showing a Jordan Peterson video". National Post. Retrieved November 28, 2017.
  18. ^ Platt, Brian (November 20, 2017). "What the Wilfrid Laurier professors got wrong about Bill C-16 and gender identity discrimination". National Post. Retrieved November 28, 2017.

External links

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