Canadas Bill C-16 On Transgender Pronouns

polymoog

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for discussion:


An Act to amend the Canadian Human Rights Act and the Criminal Code
[Assented to 19th June, 2017]


Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.‍S.‍, c. H-6
Canadian Human Rights Act
1998, c. 9, s. 9; 2012, c. 1, s. 137(E)
1 Section 2 of the Canadian Human Rights Act is replaced by the following:
Purpose
2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
1996, c. 14, s. 2; 2012, c. 1, s. 138(E)
2 Subsection 3(1) of the Act is replaced by the following:
Prohibited grounds of discrimination
3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
R.‍S.‍, c. C-46
Criminal Code
2014, c. 31, s. 12
3 Subsection 318(4) of the Criminal Code is replaced by the following:
Definition of identifiable group
(4) In this section, identifiable group means any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.
1995, c. 22, s. 6
4 Subparagraph 718.‍2(a)‍(i) of the Act is replaced by the following:
(i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor,

summary:
This enactment amends the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination.

The enactment also amends the Criminal Code to extend the protection against hate propaganda set out in that Act to any section of the public that is distinguished by gender identity or expression and to clearly set out that evidence that an offence was motivated by bias, prejudice or hate based on gender identity or expression constitutes an aggravating circumstance that a court must take into consideration when it imposes a sentence.
 

polymoog

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here is my problem with this bill: if one accidentally uses the wrong pronoun to a TS/TG person, he/she is liable, based on the sole discretion of the injured party, to be brought to court for conviction of a hate crime.
 

mecca

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here is my problem with this bill: if one accidentally uses the wrong pronoun to a TS/TG person, he/she is liable, based on the sole discretion of the injured party, to be brought to court for conviction of a hate crime.
Is there no counter against that kind of thing happening?
 

polymoog

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Is there no counter against that kind of thing happening?
unfortunately, no. thats the problem with this law. youd have to prove in a court of law that it wasnt intentionally meant as hate speech. its your word against your accusers.

anti-discrimination laws are good. no one should be discriminated against. this is not the issue.

hate speech laws are just another restriction upon our first amendment (US) rights. people should have the right to say asshole-ish things and be perceived as an ass. not allowing a TS person to ride a bus or go to a KISS concert is another.
 

makeorbreak

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Okay, here's a new twist no one ever had to consider before. People are not being birth certificates designating their sex as "u" for undetermined. Some parents are saying they would like their children to determine their own sex when they reach an age to accept or change their birth sex.
What do we call these people? He? She? It? And will they be upset if we refer to them as he because he looks like a man or as she because she appears to be a woman?
 

Violette

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A trans woman I know wanted to sue a local security company because the staff asked her to go through the male line. This person literally looks like a man with medium/long hair with no feminine qualities at all. Unless trans people fully commit to dressing like the gender stereotypes they'd like to abolish I don't see how this law could truly be fair.
 

Violette

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I'm sure the security staff would have apologized and this does not necessitate a lawsuit, unless she does this to create situations where she can make money.
She said was emotionally traumatized and her friends encouraged her to take legal action. Nothing ever came of it though.
 

makeorbreak

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Who really can tell these days? I've seen some very masculine women and some men who come across as a woman. It is best to try not to insult. But, be sincere when apologizing and they will be gracious. After all, it is probably not the first time it has happened to them.
 

mecca

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"This enactment amends the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination."

All the bill does is gives the same rights that everyone else had to transgender people. Nothing has changed and it's no big deal if you accidentally misgender someone, they're not gonna sue you and they have no grounds to anyway.
 
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Thunderian

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"This enactment amends the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination."

All the bill does is gives the same rights that everyone else had to transgender people. Nothing has changed and it's no big deal if you accidentally misgender someone, they're not gonna sue you and they have no grounds to anyway.
It's a slippery slope. Look at California.

California bill seeks to punish 'misgendering' with jail time

Sacramento school punishes first grader for mixing up transgender child's name
 
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I sometimes wonder if this earth isn't a lab of aliens. Current social experiment: handing over legislation to the mentally ill and see to what extent the brainwashed species will comply.

There are 2 sexes and 2 genders. No way I will ever use any pronouns other than the binary ones that are rooted in reality.
 
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