The Liberal government promised equality and change, Bill C-16 may be a step in that direction. B C-16 was proposed by the Liberal party in the House of Commons this Tuesday. Simply put Bill C- 16 would help legally protect transgendered individuals.
Many individuals are not familiar with the differences between being a transsexual and being transgendered. Sexuality is related to biology, specifically genitalia. Conversely, gender is a social concept and allows an individual to choose what they identify with. Gender is rooted in social constructions of what it means to be male, female or genderless, irrelevant to one’s anatomy. Transgendered individuals usually identify with a gender that differs from how society may categorize them. Consequently, this leads to complex legal issues.
Bill C-16 proposes to protect transgendered individuals in the following ways:
- The Human Rights Act will expand to protect individuals based on their “gender identity” and “gender expression”. Thus, individuals would be protected from being discriminated based on how one chooses to express their gender and what gender they identify with. For example, if a female chooses to wear a tux to prom, she will not be removed from prom due to her attire (this is a real life example). Individuals will also be protected against being denied a job based on their gender expression; for instance, if a male chooses to express himself as a female, he cannot be denied employment on these grounds.
- The Criminal Code of Canada would also be amended to protect individuals from hate speech based on their gender identity and gender expression. Judges will be required to consider the use of such language as aggravating factors in a case. For instance, if someone is assaulted due to their appearance and are called words like “faggot”, “dyke” or “she-male” these terms will be viewed as aggravating factors and result in a more serious conviction.
This bill was proposed a half a dozen times before by the New Democrat party but it was shot down every time. This is the first time that the bill has been brought forward by the party in power. Many MP’s are hoping that the legislation will be passed this time. If this bill is passed, Paralegals will be able to defend victims at the Human Rights Tribunal.
Stay tuned to TSP for more developments!
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