Bill C-16

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LEGISinfo

First Session, Forty-second Parliament,

64-65 Elizabeth II, 2015-2016

HOUSE OF COMMONS OF CANADA

An Act to amend the Canadian Human Rights Act and the Criminal Code FIRST READING, May 17, 2016

MINISTER OF JUSTICE

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.

Available on the House of Commons website at the following address: www.ourcommons.ca

1st Session, 42nd Parliament,

64 - 65 Elizabeth II, 2015 - 2016

HOUSE OF COMMONS OF CANADA

An Act to amend the Canadian Human Rights Act and the Criminal Code

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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, Insertion start Insertion end , 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, Insertion start Insertion end , 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.

Criminal Code

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, Insertion start Insertion end , or mental or physical disability.

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, Insertion start Insertion end , or Insertion start Insertion end any other similar factor,

Published under authority of the Speaker of the House of Commons

EXPLANATORY NOTES

Canadian Human Rights Act Clause 1 : Existing text of section 2 :

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, 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.

Clause 2 : Existing text of subsection 3 ( 1 ):

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, 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.

Criminal Code Clause 3 : Existing text of subsection 318 ( 4 ):

( 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, or mental or physical disability.

Clause 4 : Relevant portion of section 718.‍2 :

718.‍2 A court that imposes a sentence shall also take into consideration the following principles:

(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 any other similar factor,