Siksay introduces trans hate crimes bill

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There are over 270 private members' bills before the House of Commons (as of Dec 12, 2007). A few are listed below:

C-438 — An Act to repeal Section 159 of Criminal Code: This would remove the distinction between anal intercourse and other forms of sexual activity. Currently, the age of consent for anal intercourse is 18, and 14 for other forms of sex — this bill would align the age of consent for anal sex with other sexual acts. Introduced by Joe Comartin, NDP.

C-214 — Internet Child Pornography Prevention Act: This bill would hold Internet service providers (ISPs) criminally liable for the material transmitted — a situation analogous to Bell being criminally responsible for a death threat transmitted over its phone lines. Introduced by Peter Stoffer, NDP.

C-416 — Modernization of Investigative Techniques Act: This bill would force ISPs to integrate monitoring and data collection technologies into their "service" as a way to help police nab its users. It amounts to surveillance and interception of personal information with no judicial oversight. Introduced by Marlene Jennings, Liberal.

C-427 — Clean Internet Act: This bill would give the minister of industry new powers to censor the internet of material that falls into three broad categories: promotes violence against women, promotes hatred, or contains child pornography (and remember that Canada has one of the most far-reaching definitions of kiddie porn in the world). The minister would also have the power to open up data networks to searches on a whim. Introduced by Joy Smith, Conservative.

— with files from Marcus McCann

Siksay introduces trans hate crimes bill

PARLIAMENT / Bill sends a message that transphobic violence is unacceptable, but a vote is likely far off

Brent Creelman / National / Thursday, December 13, 2007

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Inciting hatred or advocating genocide against transgendered people may soon become illegal if a private member's bill, introduced in the House of Commons by NDP Bill Siksay Dec 11, passes in the new year.

Right now, sections 318 and 319 of Canada's Criminal Code make it a crime to incite hatred or advocate genocide against certain identifiable groups, including those "distinguished by colour, race, religion, and ethic origin."

Sexual orientation was added to the list in 2004, after Parliament adopted a private member's bill introduced by Siksay's predecessor NDP MP Svend Robinson. But the list makes no mention of gender identity or expression.

Siksay's private member's bill would correct for that by adding gender identity to the list of distinguishable group traits protected from hate propaganda by the Criminal Code.

The bill also seeks to amend the Criminal Code's sentencing provisions to allow judges to take into account whether crimes were motivated by hatred of transgender or transsexual people when determining the offender's sentence.

Section 718 currently states that a sentence should be stiffer if the crime was motivated by "bias, prejudice or hate" based on a number of factors, including race, national or ethic origin, and sexual orientation. Once again transgendered people are left off the list.

"Transgender and transsexual people are regularly victims of abuse,
harassment and physical violence," said Siksay. "This bill will ensure that transphobic violence against transgender and transsexual people is clearly identified as a hate crime" in the code's sentencing provisions.

In June 2006, Siksay introduced another private member's bill seeking to add gender identity and gender expression as prohibited grounds of discrimination in the Canadian Human Rights Act. He first introduced this bill in May 2005, but it died at the end of the 38th Parliament. The bill has still not been debated past first reading.

The Northwest Territories is the only jurisdiction in Canada that explicitly prohibits discrimination based on gender identity in its provincial human rights act. There are campaigns across the country to get gender identity added to human rights acts at the provincial level, including the Trans Human Rights Campaign in Ontario.

Siksay — the NDP's queer issues critic — says that the trans hate crimes bill "will send a strong signal that targeting people for their gender identity or expression will not be tolerated in Canada."

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Reader Comments

trans hate crimes bill
This was the year that Canada celebrated 25 years for the Human Rights Code; however trans people had nothing to celebrate on this sad occasion. I really hope that this Bill makes it to law because Transgendered and Transsexuals are the only people who are not protected by the Human Rights Code. It is way overdue that Trans-people be included in the Human Rights Code. It would give the community reason to hold there heads high and proud. The violence, discrimination has to end!!! Raigen D'Angelo Trans Alliance Society Chair

Raigen D'Angelo, Vancouver BC
12/13/07 10:09 PM EST

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Hope this Bill Passes!
I am Svend Robinson't sister, Gretchen. I hope this Bill passes!

Gretchen Robinson-Trollinger, Seattle, Washington british columbia
12/14/07 5:35 AM EST

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Hate Bill
Sadly this bill wouldn't be needed if Sven Robinson had not decided to exclude TS people when the bill protecting lesbian and gay people was going to be/ was introduced. Svend felt adding TS people would be a mistake. Now the likely hood of this bill passing in this minority government are slim at best.

Femme, Toronto Ontario
12/19/07 8:20 PM EST

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This Bill
I'm glad to see that Bill is advancing this Bill. I hope that this one doesn't get buried by the government like his Private Member's Bill to have gender identity/gender expression included in the prohibited grounds of the Canadian Human Rights Act.

GenderQ, Vancouver BC
12/20/07 12:24 PM EST

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