Over lunch at a dimly-lit Irish pub near Parliament, a gathering of community members and activists celebrates. Bill C-16, transgender rights legislation, was passed in the House of Commons an hour earlier and is headed to the Senate. The group was on the Hill to watch the vote Friday, which they said was surprisingly swift.
Amanda Ryan buttons her black fur-trimmed jacket and stands to leave. She looks around at the table of celebrants and bids everyone farewell.
“Way to go, everybody. Way to go,” Ryan says, beaming.
The victory has been a long time coming for the group - members of Gender Mosaic, a transgender community in Ottawa. Ryan is on the executive of Gender Mosaic and says they've has been waiting a long time for this legislation to pass.
“We’ve argued this thing to death. Let’s just get on with it!” Ryan says. “It’s time to pass this bill. We know what the issues are – pass it.”
While the Friday vote may have seemed quick, the rights issue has been in contention for years. This bill, which adds human rights protections for trans persons, was preceded by Bill C-279, similar rights legislation. Bill C-279 was introduced in 2013 but was notoriously stalled in the Senate for almost two years. It eventually collapsed when the election was called in the fall of 2015.
Gender Mosaic’s community members have been present throughout the legislative process. Ryan herself has attended the majority of the bill’s parliamentary proceedings.
"In the last session of parliament I was at almost everything,” Ryan says. “I was at every, every debate, every vote in the House, all the justice committee hearings and when it passed."
Bill C-16 was introduced by the Liberal government in May. The federal legislation makes amendments to the Canadian Human Rights Act, adding “gender identity” and “gender expression” to the act to prohibit discrimination. In addition, it amends the Criminal Code so as to protect against hate propaganda. Plainly, the bill provides the trans community legal protections against targeting.
The bill is not without criticism. Within the House, Conservative MPs have argued that the government fast-tracked the bill and neglected to consult the public. There were no public hearings for the bill and, in committee, only one witness was heard – Justice Minister Jody Wilson-Raybould, who sponsored the legislation.
Ted Falk – the Conservative MP from Provencher – has been a strong opponent of the legislation from the beginning. Falk was the sole dissenting voice when the bill was reviewed by the standing committee on justice and human rights. In an email interview, he states that denying the public the opportunity to speak to the bill is “both disconcerting and unacceptable.”
However, the MP’s criticism of the legislation is broader.
“We need to be mindful that giving explicit rights to some can actually lead to increased alienation based on our differences rather than a coming together on the things the unite us,” Falk says, speaking about the transgender rights additions.
“This bill promotes divisive exclusivity, pitting the rights of some against the rights of others,” he continues.
Critics also contend that the legislation threatens freedom of expression.
In October, University of Toronto psychology professor Jordan B. Peterson released a video denouncing the bill. Peterson is heavily critical of the legislation because of its “pc authoritarian” agenda and its potential impact on the freedom of expression. He suggests that gender identity legislation threatens fundamental rights extensively.
The University of Toronto’s community condemned Peterson’s comments. A heated online debate ensued and the university arranged a public forum in response. Peterson faced opponents Brenda Cossman, a legal professor from University of Toronto and Mary Bryson, an education professor from the University of British Columbia Saturday.
“It makes this legal doctrine - that biological sex, gender identity, gender expression, and sexual orientation vary independently, and they don’t,” Petersen said to the forum’s audience.
Petersen states that the bill builds in a philosophy of identity within it, that identity is whatever we think it is. He said that the idea is "absolute rubbish."
Petersen outlined different arguments about the bill’s built in philosophy and its impact on rights. Notably, he warned the forum about the impact on freedom of expression.
“I have, in fact, been denounced today. And what I am saying has, in fact, been described as hate propaganda. So one thing I’d like to suggest to you, every single person in the audience: You’re next. So keep it in mind,” said Petersen.
Some advocates in the Ottawa LGBTQ2 community do not agree that the bill threatens freedom of expression in Canada.
“This is not about free speech. This is about respect," said Jeremy Dias the founder of the Canadian Centre for Gender and Sexual Diversity. "People will hide behind ‘oh it’s political correctness’, and it’s not.”
Bill C-16 is now in front of the Senate. Amanda Ryan says she believes it will pass this time. Until it does, she and her fellow trans community members will be lobbying tirelessly on the Hill.
"I want to be here as much as I can just to watch the process and be part of this,” she says. “This time around we're pretty confident it's going to pass and I want to be a part of history.”
Credits:
All photos by Maureen McEwan.