Canada’s Trans* Rights Bill Now Endorses Bans in Washroom and Gendered Spaces

Canada’s trans* human rights bill C-279 was amended by a Senate committee, in a way that makes it legal to ban trans* people from washrooms and gendered spaces appropriate to their gender identity.

Sen. Donald Plett, Conservative member of the Standing Committee on Legal and Constitutional Affairs, added a legal exemption for “any service, facility, accommodation or premises that is restricted to one sex only, such as a correctional facility, crisis counseling facility, shelter for victims of abuse, washroom facility, shower facility or clothing changing room.”  The amendment passed with six of the committee members supporting it, four opposed, and one abstention.

There were two other unanimous amendments made.  One added the category of “sex” to the protections in the Criminal Code (which has long been a bizarre and serious omission from hate crimes legislation).  The other removed the definition of “gender identity” which had been added in the House of Commons as a condition of passing the bill, back in 2013.  Because the bill has been amended, it would need to return to the House for a final vote before being enacted.  It is thought unlikely that the bill would be brought forward before an election call — and now, if it did, the bill’s original proponents would oppose it — meaning that C-279 is almost certainly dead.

“The very act that is designed to prohibit discrimination is being amended to allow discrimination,” the bill’s Senate sponsor, Grant Mitchell, pointed out.  “It holds people who are law-abiding, full-fledged and equal members of our society accountable for the potential — the very, very long-shot potential — that someone would misuse this to justify a criminal act.” (The transcript has not been posted yet, but the videocast is still available)

Sen. Plett has long claimed that the bill would be exploited by pedophiles and rapists to attack women and children in washrooms, a claim that has been repeatedly debunked by law enforcement officials and other experts:

“Minneapolis Police Department: Fears About Sexual Assault “Not Even Remotely” A Problem. Minneapolis police spokesman John Elder told Media Matters in an interview that sexual assaults stemming from Minnesota’s 1993 transgender non-discrimination law have been “not even remotely” a problem. Based on his experience, the notion of men posing as transgender women to enter women’s restrooms to commit sex crimes “sounds a little silly,” Elder said. According to Elder, a police department inquiry found “nothing” in the way of such crimes in the city… [Phone interview, 3/11/14]”

Additionally, criminal activity in a washroom or gendered space would continue to remain criminal regardless of the gender of the perpetrator.  On the other hand, trans* women face very real dangers when institutionally housed with men or made to use segregated facilities according to their birth sex.

Nevertheless, bathroom-related fearmongering has been the cause of several petitions and campaigns to kill trans* human rights legislation in North America.  It has also started to spawn draconian bathroom-policing bills (some of which ignore the actual genital status of the person, even though genitals are allegedly the rationale for the law):

“Building managers who “repeatedly allow” trans people to use the bathroom that accords with their gender identity would, however, face up to two years in jail and a maximum $10,000 fine under the proposed law.

“… If passed, the law could tighten how Texas defines gender, not only singling out transgender people, but those who have chromosomes that don’t fit the strict definition laid out in the bill, like intersex individuals. The bill reads:

” For the purpose of this section, the gender of an individual is the gender established at the individual’s birth or the gender established by the individual’s chromosomes. A male is an individual with at least one X chromosome and at least one Y chromosome, and a female is an individual with at least one X chromosome and no Y chromosomes. If the individual’s gender established at the individual’s birth is not the same as the individual’s gender established by the individual’s chromosomes, the individual’s gender established by the individual’s chromosomes controls under this section…”

Plett’s reasoning essentializes trans* women as being “biological males” (“… and I will use ‘men’ because I believe they are biological men — ‘transgender,’ but biologically, they are men”), and asserts that they are inherently a threat to cis* (non-trans*) women.  When it was pointed out that his amendment would require trans* men to use womens’ facilities, Plett appeared indifferent, and he later referred to a young trans* man as “she.”  Plett added that he believed his amendment would allow “separate but equal treatment.”

Bill C-279 would affect only areas under federal jurisdiction, such as federal facilities, the Armed Forces, federal agencies, and First Nations reserves.  But it had been seen as a potentially important symbol of human rights protection to have specific federal inclusion.  Canadian human rights commissions consider trans* people written into legislation, but without explicit inclusion, there remains a possibility of an overturn in court precedent (where application is not as certain).  Meanwhile, companies that take direction from federal legislation continue to not see a need to develop policies for trans* employees.

The Northwest Territories was the first Canadian jurisdiction to pass trans-inclusive legislation, in 2002.  Ontario, Manitoba, Nova Scotia, Newfoundland and Labrador, Prince Edward Island, and Saskatchewan all have provincial protections.  In British Columbia, a similar bill, M-211, has been blocked by B.C. Liberals, who refuse to allow it to face a vote or discussion.

Former Member of Parliament Bill Siksay first introduced a trans* human rights bill in 2005, and continued to reintroduce it in every Parliamentary session, until it eventually passed in the House of Commons. However, it was awaiting ratification in the Senate when a federal election was called, which killed the bill.  In 2011, Siksay left federal politics, and Randall Garrison reintroduced it as C-279.  In 2012, many trans* people stopped campaigning for the bill when the characteristic of gender expression was deleted from the bill, and a definition of gender identity was added.

(A version of this article also appears at Rabble.ca and The Bilerico Project)

Trans kids, washrooms and the new harassment

On October 13th, a story appeared at the Christian Broadcasting Network about girls being harassed by a trans youth in the washroom of a Colorado-area school.  Soon afterward, the story was picked up by the Daily Mail, the Examiner, FOX News, and several webmedia outlets.  One even embellished it with a claim that the girls were threatened with hate crime charges).  After a few years of using the spectre of a fabled bathroom predator to scare people about the prospect of human rights law inclusion for trans people, it almost seemed like the far right was clapping with glee at finally having found one.

Except that it wasn’t true.

Almost immediately after the story broke, it was debunked, and some media — including the Daily Mail and the Examiner — had retracted it.  This was because Transadvocate’s Cristan Williams contacted Superintendent Rhonda Vendetti, and was told that:

“This is one parent basically bringing their viewpoint about this situation to the media because they weren’t getting the responses that they hoped they would get from the district, from parents of students at the high school, or from the board and myself. So I think it’s just an attempt to elevate the situation to a point where maybe some more attention can be drawn to that in the hope of having a different outcome. But to our knowledge and based on our investigation, none of those things have actually happened. We do have a transgender student at the high school and she has been using the women’s restroom. There has not been a situation.”

That hasn’t stopped the story from spreading like wildfire, including at least one Canadian far-right website.  With Bill C-279 proposing to add gender identity to Canadian human rights legislation now winding its way back through the Senate, it will almost certainly come up again.

CBN’s report originated with a far-right ex-gay group called the Pacific Justice Institute (PJI), a group which has been actively fighting against a recently-passed law in California, AB 1266, which provides protections and accommodation for trans students. Along with several other anti-LGBT groups, PJI is trying to mount up a petition effort similar to the Proposition 8 campaign, to put this law on the ballot and ultimately repeal it.

JPI is continuing to insist that the student in question (who is not being named) was harassing other girls in the washroom.

Because the student was there.

After the original story was debunked, PJI’s spokesperson wrote that:

“It is our position that the intrusion of a biological male into a restroom for teenage girls is inherently intimidating and harassing…”

Transadvocate has continued to document PJI’s changing talking points and positions and grilled the group’s spokesman, staff attorney Matthew McReynolds, in an interview. From these, we discover that PJI’s statements on the issue involve a lot of playing with language, such as using the fact that the student has recently started transition (and is therefore in that awkward phase in which her gender expression is interpreted differently by different people) to claim that she appears sometimes as female and sometimes as male — as though she’s switching back and forth at whim.

TA also interviewed the family of the teen at the centre of the controversy, to finally get her side of the story.  Not surprisingly, it turns out that she has been the target of threats since the controversy first began.  But it’s not all bad news, either.  Several schoolmates and their families have stood up for the student, as well:

A female student from Florence High School who wished to remain anonymous said “[PJI is] so pathetic. My mom asked me about this whole thing when she saw it on the news, and I told her. She even said they were being dramatic.”

In a printed letter to the editor in the town’s local paper, the Canon City Daily Record, a woman named Dara Hoffman-Fox wrote to say, “This is a local teenager whose life has been turned upside down by just a few people who fear what they do not know.” The letter went on to say that PJI’s story “has since been proven false and media outlets around the world are providing apologies for having printed [false accusations] without having the facts confirmed. Sadly, the damage is done.”

Additionally, the students of Florence High School have organized their own group to support [name withheld].

Debunked or not, the issue is likely only to intensify.  The battle over California’s AB 1266 is bringing out rhetoric like one campaigner’s assertion that trans student accommodation is “the most dangerous bit of legislation against the child and against family than any other in the history of the United States,” and petition gatherers are deliberately misleading members of the public, while collecting signatures.  One religious leader is even accusing the teen in Colorado of “raping, at least visually, these teenage girls” by being present in a locker room… no actual malfeasance required.

And transphobic groups are starting to follow that lead, and portray any instance in which trans women in womens’ spaces as being harassment or disturbing people, regardless of whether or not the person in question actually did anything.

Simply existing and traveling about in public is the new harassment.

And portraying a trans teen as a predator is somehow accepted as not.

A Real Bathroom Bill.

The Bathroom Bill was supposed to be voted on today.

No, I’m not talking about the human rights bill that opponents have tried to tag with that nickname — C-279, which proposes to clarify and enunciate legal protections for most transsexual and transgender Canadians (although the removal of the class “gender expression” has opened some doubt).  Although C-279 says nothing about washrooms, opponents have tried to fearmonger about bathrooms, conflate trans people with sexual predators, and/or claim that human rights inclusion would somehow grant legal cover to predators.  Bill C-279 passed, today, on a vote of 149 to 137, after first having amendments made to it.  It proceeds to the Senate for ratification.

No, what I’m referring to is in fact a bathroom bill.

The State of Arizona has proposed a bill that is eerily reminiscent of the notorious SB 1070 “papers please” law that the U.S. Supreme Court had to rule on in 2012.  And this afternoon, the Arizona Senate Appropriations Committee was scheduled to discuss Senate Bill 1432 — a totally innocuous bill which would require the Arizona State Board of Massage Therapy to appoint an Executive Director and outline the Board’s purpose and funding.  However, an emergency amendment to it (text) would make it possible for anyone to demand to see a person’s birth certificate, and have them charged with disorderly conduct if their gender marker doesn’t match the washroom’s gender designation.

The bill would make it a class 6 felony to use a public washroom while trans, a crime punishable by up to 6 months in prison and a fine of up to $2,500.  In Arizona, a class 6 felony conviction remains on a person’s permanent record, their right to vote is rescinded, potential employers are made aware of the conviction and can require an explanation, various licenses can be refused by the State, federal and state aid and other social assistance can be refused, rent can be denied, and one is banned from ever holding public office.

And it actually has a chance of passing, although it’s dwindling given the sudden media attention.

Rep. John Kavanagh introduced the amendment yesterday, in response to the City of Phoenix’s passage of an ordinance which widened human rights protections to include trans people, among others:

“What about the woman that are waiting in line to use the women’s restroom? There is a long line. They go into the men’s restroom. That’s against this law, isn’t it?” asked CBS 5’s Greg Argos. “Technically it is, but look, police use discretion every day,” Kavanagh responded.

“This is designed to protect young children from being exposed to the other gender in their fullness in inappropriate situations. I’m just restoring sanity, because the Phoenix bill turned gender upside down,” he continued.

You see, during the “bathroom bill” panic dredged up in Phoenix (much like the potty fearmongering circulating in Canada around C-279), legislators discovered that there never has been any legislation in place to bar trans people from using restrooms.  Consequently, trans people have been using gender-congruent bathrooms for decades.  For that matter, over 180 jurisdictions provide protections, going as far back as 1975, without those human rights protections ever being used to legalize or enable an assault in a washroom.  When washroom panic was raised in Baltimore, Montgomery County Police Chief Thomas Manger released a public statement to attest that trans-inclusive legislation has not led to any such bathroom assaults, there.

On the contrary, Baltimore had been the scene of a brutal assault of a trans woman outside a public washroom. The incident garnered national attention, after amused staff at a McDonald’s cheered the fight on, recorded it and posted it on YouTube.

So with that kind of lengthy record of non-issues, Kavanagh just knew that Arizona is due for a potty incident.  Naturally, trans peoples’ access to public washrooms had to be stopped right away.

Antonia D’orsay, Executive Director of This Is HOW points out some of the implications of the emergency amendment (plus more background):

• “… The bill makes it a crime for a Transgender person to follow accepted and proven medical treatment protocols that have been employed for over 50 years and are demonstrated to be the only effective and ethical remedy.

• The bill makes it legal to engage in the abuse and neglect of children who are gender variant, and stops them from being able to follow medical guidelines supported by every reputable pediatric organization in the nation.

• The bill runs directly counter to Supreme Court decisions relating to the legality of using someone’s appearance for the purposes of discriminating against them

• The bill is in opposition to the 5^th and 14^th Amendments to the United States Constitution by creating a burden of inequality on all Arizonans.

• The bill is unnecessary and untested.

• The bill requires that everyone in the state of Arizona be required to present their birth certificate, on demand, to anyone with authority at any time, or risk arrest – even if they have a birth certificate that is in accordance with such.”

Abby Jensen notes how this legislation would be likely applied subjectively:

“How would such a law be enforced? By every overzealous restroom patron, security guard, business owner or mere passerby who decides that someone they see entering a restroom doesn’t conform to their notions of how a “man” or “woman” should look and complains to police. In other words, trans men, women and children, butch lesbians, feminine gay men, and straight, cisgender people who violate societal gender norms in some way can be harassed to prove their right to do what every other citizen takes as a given – the right to use a restroom for its intended purpose without harassment…”

Here’s the good news (maybe): SB 1432 has been postponed until next Wednesday, due to a committee procedural conflict.  Which might give some time for sanity to prevail.

And by then, Arizona’s state legislature may have found some other puppies to kick.

C-279 amendments made, in afternoon of impassioned speeches.

Update / Correction: The amendments were given a voice vote, but not actually passed.  Because there was visible opposition, it’s subject to recorded division, and the amendments will be voted on, on March 20th.

More twists and turns than a mangled slinky.

It’s official, the amendments to drop gender expression and define gender identity have been made.  To me, whatever happens, it will all be bittersweet.

The debate, however, was very good.  Keep the kleenex close by.  From Hansard, here are the highlights:

David Anderson brings up the obligatory “bathroom bill” panic:

One concern is that the bill is unsettling to people. The author has really refused to talk about or deal with the potential implications and consequences of such wide-ranging and undefined legislation. My constituents, I have to say, do not see this as benign legislation because of the things we just talked about, in particular the fact that there is such a lack of definitional framework to the bill. What I am getting from my riding is that the constituents oppose it, but they do have some questions that I will pose on their behalf.

The first question to the member opposite is this: does he actually believe that there is no one who will try to abuse the situation that would be created by his deliberately vague legislative agenda?

That is what the member seemed to be saying when he spoke, but he has refused to address this criticism in his speech. It remains out there in the public’s mind, and I have heard that from my constituents.

Second, especially with regard to minors and adults, my constituents have questions about the power relationship that would exist in what in the past were basically private facilities that would now become very public facilities. They are asking what their obligations and rights would be. The failure to address these issues is really why the bill has become known as the “bathroom bill”. I do not think we can just brush off people’s concerns.

Sean Casey chided him for it while touching on the key points:

So in the context of this debate, which has at times been a vigorous debate and at times a debate with moments unworthy of this House, there are some who, contrary to evidence and facts, choose another path to make their case. They choose fear and innuendo, all the while claiming a moral high ground. They claim for themselves exclusivity to that which is right and decent, using language that is hurtful and demeaning. How can anyone claim to be of good heart or claim the virtue of “love thy neighbour” yet reduce this bill to gutter language when they call it “the bathroom bill”? It is an entirely offensive and erroneous implication to suggest that transgendered people would be lurking late at night in bathrooms should this bill pass.

Megan Leslie gave an emotionally charged speech, and since I don’t see a video to post yet, I’ll include it all right here:

Mr. Speaker, I want to thank the member for Charlottetown for his speech. That was really incredible.

I am a trans rights activist. I have been working on the issue of transgender rights for many years in my community of Halifax, and I am an ally to the trans community. Years ago, when I was a law student, and then later when I was working at Dalhousie Legal Aid, I worked with NSRAP, the Nova Scotia Rainbow Action Project, and we developed a trans rights awareness program.

I had the opportunity to work with transgendered Nova Scotians to develop a presentation on trans rights. We actually presented to the Nova Scotia Human Rights Commission on the realities of being trans people, their experiences, day after day, within their communities, our communities, within their/our legal institutions and within their/our government institutions, because we do not realize, when we are cisgender, which is when our gender identity matches our biological sex, how often we get to take for granted our gender rights.

I had a transgender client who once asked me to write a letter on official legal aid letterhead that gave a legal opinion about her right to use the bathroom, based on case law. She would keep it in her purse and use it if she ran into problems. Imagine walking around with a legal document, a legal opinion, in one’s purse or wallet to settle disputes about the right to use a bathroom. Imagine the indignity of arguing this with mall security, with a bouncer, with classmates or co-workers, just to heed the call of nature. It could be at any time. It could be this afternoon. It could be tomorrow. It could be every day. It could be never. One just does not know when it is going to happen.

Imagine being pulled over by the police for speeding and answering questions about why the sex listed on one’s identification does not match one’s gender identity. Perhaps one’s birth name is called out at the doctor’s office, because one has to have sex reassignment surgery to change identification. Imagine what that would feel like. These small indignities happen every day to members of our community.

The bill does a small thing by adding trans rights to the Canadian Human Rights Act and by adding trans motivated hate to the hate crimes list. It is a small thing, but it is a magnificent thing.

I am pretty close to the trans advocate community at home, and we have had long discussions about the idea that adding trans rights to human rights legislation may not actually grant protections that members of the trans community do not already have. As we heard, there is ample case law to show that human rights commissions will fit trans rights into different categories that already exist. For example, when Nova Scotia Rainbow Action Project made our presentation to the Nova Scotia Human Rights Commission, it was strong and steadfast in its commitment to protecting trans rights and said that it would find a way to make it fit under another ground, but what ground? How do we protect the dignity of trans Canadians when we are asking them to fit their problem into the margins? How do we protect the dignity of trans people by making them look for their rights under another category, such as sex, when it is not about sex, or gender, when it is not about gender, or disability, when it is absolutely not a disability?

It is meaningful to look at rights and see ourselves there. It is important to know that we are protected, that we can hold up a human rights act and say, “I am protected. I am here in this document”.

Further to this argument, we heard evidence from the Canadian Human Rights Commission that fitting trans people into the margins now is not a guarantee that they will be fit into the margins in the future. Enshrining rights in legislation protects those rights, and trans Canadians need this protection.

The Canadian Police Association agrees. Today, president Tom Stamatakis spoke out in favour of this bill with a simple and beautiful statement that equality under the law is an important principle for Canada’s front-line police personnel to uphold. It is that simple.

My home province of Nova Scotia has had this debate in our legislature. I want to share a letter from Kate Shewan about how things have changed since this legislation was passed in our province.

I think we can learn from the Nova Scotia example, and I think we can learn from the members of our trans community who have had this experience.

She writes:

I’m a board member of Nova Scotia Rainbow Action Project, an organization that advocates for the rights of the LGBT community. I’m also a trans-identified person. I’m writing to you in support of Bill C-279.

As a member of the trans community in Nova Scotia, where provincially we’ve benefited from the changes to the human rights act, I’ve seen first hand how this change can benefit individuals within the trans community, a community which has suffered significant discrimination.

The immediate change that I saw following the Nova Scotia legislation was a change in attitudes and a new confidence. Members of the trans community who had almost taken it for granted that they would be discriminated against in the employment market and other areas of society felt empowered and more confident, knowing with certainty that their rights were protected, and seeing that the challenges our community faces had been formally acknowledged. In a group that suffers significant unemployment, underemployment and disengagement from society in general, I believe this empowerment and confidence will help to give trans Canadians a better opportunity to reach their full potential, improve their employment and economic situations and become more engaged in the community.

It is important that these protections are also in place at the federal level, so that all trans Canadians can benefit from these changes….

Today is International Women’s Day, and I heard a lot of statements in the House about how far women have come in our fight for equality. I heard a number of references today to the Persons Case, a court case that ruled that we, women, were persons under the law.

The result of that case probably did not do much for women that week. It probably did not change their day-to-day experience. It did not mean that the next day all of a sudden women got to sit at the tables of decision making. It did not mean that the next day they started working outside the home and were paid wages equal to men’s, and it did not mean that domestic violence ended.

However, not long after that, some women got the right to vote. A woman could look at that document and know that in the eyes of the law, she counted.

In the lead-up to today, I got a lot of calls and emails from my community telling me why they thought I should support this bill. Of course everybody knew that I would, but they sent me such interesting things that I wanted to share a couple of them.

I had one community member who contacted me to say:

I’m trans, but have a good job, house, car, money in the bank…by all measure successful in most people’s eyes. (Not to boast) just trying to show that we are like most other people, just are part of a gender spectrum that is finally being recognized.

I also want to share a letter I received from the sexual orientation and gender identity division of the Canadian Bar Association. I was a member of that group when I was a law student. This is from the chair of the equality committee and the co-chairs of the sexual orientation and gender identity community. Here is just a shout-out to Amy Sakalauskas and Level Chan who are actually from Nova Scotia. I was happy that they have taken up this issue. They wrote:

Transgender Canadians are a minority who suffer profound discrimination, such as job losses, alienation from their communities, ridicule, harassment and inadequate health care services. They also disproportionately fall victim to hate crimes, including homicide.

They go on. It is these kinds of examples that make us realize we have to do something about this.The bathroom panic argument just does not wash. We have laws against peeping Toms. It is an illegal act. That argument does not wash here.An argument that does wash here is that recently I was at a community event and a young person came up to me. I do not really remember it. I do not remember if this person was a young man or a young woman, blond or brunette, but this person came up to me, took my hand and opened it, put something in my hand and closed it up. Then they left.I opened my hand and there was a tiny little note. It said:

Thanks for giving…[an eff] about trans people.

I think that is why we are here.

Michelle Rempel also gave an emotionally-charged speech.  As things were proceeding, folks on Twitter and news feeds were arguing over whether her words meant that she is or isn’t going to support the bill.  But in fact, it’s still not entirely clear.  Again, her comments are included here in full:

Mr. Speaker, I speak today to Bill C-279. I would like to thank the member for Halifax for some of her comments here today.

I have had the privilege of representing constituents in Calgary Centre North for nearly two years now. In this time, I have had the opportunity to review many pieces of legislation and debate both their merits and their flaws. As I have done so, I have been struck that oftentimes, we have to evaluate two components of legislation: the why of the bill and the how of the issue. Many times we disagree, sometimes vociferously, about the why. We have differing political ideology, thoughts on how public policy should be best utilized and thoughts on how this country should be governed. It is in this context that I first speak to the why of this bill.

After reading testimony from witnesses during this iteration of the bill and in the last Parliament, and after consulting with those who work with members of the trans community and members of the community itself, I am frankly shocked by the discrimination this group of people faces.

The member for Esquimalt—Juan de Fuca and witnesses to this bill at committee, and indeed members here today, have given this House so many examples that I cannot reiterate them. Suffice it to say that I would offer that the summary of evidence could read as follows: the trans community in Canada has, on frequent occasions, experienced elevated levels of sexual violence committed against members; frequent workplace discrimination and job loss based on gender; lack of clarity on health care provisions and sometimes access to health care; lack of clarity on processes related to obtaining identification documents; bullying in places of employment and educational institutions; discrimination in accessing housing accommodation; and numerous other incidents of discrimination.

Most importantly, they live with the consequences of these acts of non-compassion, of false assumptions that, simply by virtue of their state, they are sexually promiscuous, or more ludicrously, that they are criminal. In this, the trans community experiences very high levels of both depression and suicide. This is not acceptable to me, and this is the why of this bill. It is my hope that no one in the House, either on this side or the other side, could read the testimony, could talk to people in the community, and argue that this is acceptable or tolerable in our country.

The question set upon us as legislators is the how. How do we prevent these situations from occurring?

I have spent a lot of time on the how. I found that this bill seeks to address the how by addressing the following assumption, using the language of the member for Esquimalt—Juan de Fuca during the bill review at the Standing Committee on Justice, that “transgendered Canadians do not enjoy the same protection of their rights as other Canadians”.

This is a very serious charge that is worthy of study, as the ideas and values that are the heart of how our country operates, the freedoms it affords to all groups to worship without persecution, to seek prosperity in one’s field of work, to choose whom we love, and to speak with conviction on issues that impact our communities, are all based on the assumption that Canadians have equality of rights in freedom of expression and can do so without the threat of discrimination or violence to their person. However, to assess whether this bill provides an adequate how, I first evaluated the validity of this assumption.

The member for Esquimalt—Juan de Fuca had an exchange with the member for Edmonton—St. Albert at justice committee about this assumption. The member for Edmonton—St. Albert said:

Except now that the Canada tribunal has emphatically stated that there is no longer any doubt, I would suggest to you that your first hurdle has been cleared by precedent… There is now case law that supports the proposition that individuals who have a genuine gender identity disorder are entitled to human rights protection.

There have been numerous examples given in the House and at committee of case law that shows that this provision exists. I understand the member for Halifax when she says that she wants to see herself in that human rights bill. The case law does exist to show that it is there.

Mr. Ian Fine, the acting secretary of the human rights commission, stated the following, “the commission, the tribunal, and the courts view gender identity and gender expression as protected by the Canadian Human Rights Act”. Having said that, he also stated that “adding the grounds of gender identity and gender expression to the [Canadian Human Rights Act] would make the protection” of the transgender community explicit. The rationale that he stated for this necessity was as follows: “This would promote acceptance and send a message that everyone in Canada has the right to be treated with equality, dignity, and respect”. I do not disagree with the latter part of that statement. It gave me quite a bit of pause for thought, and that has been at the heart of my deliberations on the bill.

It could be argued that this is contradictory in some regard. Mr. Fine previously made a statement that the tribunal, the commission and the courts do view gender identity and expression as protected by the Canadian Human Rights Act, and that somehow even though this protection exists, it does not send enough of a message to Canadians on this issue. While this contradiction may be well intentioned, I feel there are many examples where serious issues arise when legislators equate symbolism with social action or when we inadvertently dilute the role of social activists by being reactive to an issue with legislative symbolism.

The member for Halifax has my playbook because she stole my speech on International Women’s Rights Day. I would like to speak on the social action process for the struggle for female gender equality.

Even after laws were passed to enshrine women’s gender equality within our laws, the member is right; we did not see those changes happen overnight. In fact, lawsuits still had to be fought and won, offenders had to be charged, battles had to be waged to change workplace codes of conduct, and awareness training programs had to be crafted. I would like to highlight that in the British parliament, even after women had been elected, as little time ago as 1993, a woman in this place did not make it to a vote because she could not find a bathroom.

I have also stood in the House to highlight that sexism does happen with frequency in this country in spite of these laws. I am not trying to imply that the struggle for trans rights is directly concurrent with the struggle for women’s rights, but in my deliberations on the bill, I found there is a burden of evidence which suggests that case law does exist to provide the trans community with protection under the law against discrimination and violence. Here is my concern. In this fact, the how of this legislation may not achieve the ultimate solution to the why, in that it may place too much of an emphasis on symbolism over direct social action.

As always, the member for Halifax makes a very compelling argument.

A question that I have struggled with in evaluating the validity of the bill is what guidance we, as legislators, are truly giving judicial organizations in how to carry out the intentions of Parliament in this regard. The way the term “gender identity” is defined in the preamble of the bill, even with the amendments, played a large part in my decision to vote to study the bill further. I am still not entirely clear on how parliamentarians, the human rights tribunal, criminal courts, sentencing judges and the broader community at large will be required to interpret this term.

I am also not clear on the following key issues. What constitutes the scope of discrimination against someone based on his or her gender identity in the eyes of my colleagues, as legislators, of members of the trans community and the courts? What kind of speech based on someone’s gender identity could be considered hate propaganda? What does it mean in defined terms to have a bias based on a person’s deeply held internal and individual experience of gender?

Admittedly, the evaluation of this legislation has been very difficult for me because I believe that the why it presents is concerning. Any time we as parliamentarians are faced with clear situations where fear of differences or lack of awareness allow hatred to mushroom, we have to take note and ask ourselves what role we play in breaking down these barriers. This legislation has opened my eyes to the plight of a group of people in this country who experience extreme discrimination. Both sides of this debate should agree that equality and protection against harm are two fundamental values that all Canadians of any gender, any age, any background are entitled to.

However, as legislators we are also tasked with deciding if the proposed legislation is sound. Given the lack of clarity that I found in the bill, I do have concern about its viability and if the how will achieve what the community and Canadians hope for in addressing the why.

Raymond Côté (after relating some personal experiences) presented the theological case for — yes, for — the bill:

All of my colleagues in the House will agree that human dignity is non-negotiable. It is very simple. I would even add that the sanctity of human life is something we value so highly—at least we should—that we cannot put a price on defending it. We must never tolerate pettiness or compromise.

I have spoken about my faith before, and I want to share some of the Catholic Church’s social doctrine. It very clearly states that every human being has the unalienable right to exist and to have dignity within society. That represents a tremendous challenge, because it means that we must allow the right to be different, the right to a certain degree of dissidence, the right to go against the established norm and the right to go against the stream.

This also means that people like me, who have the privilege to have a favourable—even comfortable—place in society, must make concessions. I am very pleased to be able to reach out to a group in our society whose rights are too easily violated and to offer them some progress. It may not be perfect, but it is still progress.

Jinny Jogindera Sims concluded the debate by again evoking the struggle for women to be recognized as persons under law:

My colleague articulated beautifully the struggle that women have had. When we look at history, it was not that long ago that women were not recognized as persons. I challenge anyone in the room to think that we could be sitting in the House as women representing our ridings if that legislation had not been enacted and we had not been recognized as persons. That did not automatically get rid of all the discrimination and all the barriers and glass ceilings that exist. However, what it did do was to open up a pathway, and it took away the greatest barrier, which was to not be recognized at all.

This bill, in turn, would do exactly that. It says to the members of our transgendered community that they are part of this society and they are explicit in our human rights code. They do not have to hide, nor do they have to go looking to see which corner of the human rights code they fit in, nor do they have to see if there is a judge who is going to be favouring looking for a spot or fear a day when the judiciary could turn around and say it is not explicit and cannot be found in here, so they are not covered. It is to avoid that very situation that we have to have legislation like this.

… I do not know if members are aware, but I was a classroom teacher for a very long time. In that role, one of the things I discovered very early on in my teaching is that for children to be successful in life, they have to see themselves reflected, but they also have to feel themselves protected. When we have transgender young people in our community who do not feel protected explicitly in our law, we leave them vulnerable.

… It would be fitting if we could all vote for this measure unanimously, especially when we are on the eve of International Women’s Day. We would celebrate the fact that we have enshrined those rights into our legislation and into human rights.

Following this, the amendments were given a voice vote and accepted into the bill, and the Speaker announced that proceedings will resume on March 20th:

Normally, at this time the House would proceed to the taking of the deferred recorded divisions at the report stage of the bill. However, pursuant to standing Order 98, the divisions stand deferred until Wednesday, March 20, immediately before the time provided for private member’s business.

Previous records or notes:

• Second Reading debate part one,
• Second Reading debate part two,
• JUST Committee opening discussion (Sara Davis Buechner, Hershel Russell, Egale Canada),
• JUST Committee roundup (R.E.A.L. Women of Canada, Canadian Human Rights Commission, Canadian Human Rights Tribunal),
• JUST Committee discussion filibuster,
• Thoughts on amendments,
• Submission of amendments,
• Report stage debate on amendments and bill part one.

NARTH-affiliated doc lobbies against “special right” to be equal for trans people, calls them “deluded, psychotic.”

Joseph Berger is a past Chairman of the Toronto district of the Ontario Medical Association, and past President of the Ontario branch of the American Psychiatric Association.  He was also affiliated with NARTH (National Association for Research and Therapy of Homosexuality, an organization formed specifically to “cure” people of being gay), although his bios scrub this fact and it’s not certain if he is presently affiliated with the group (He was a Scientific Advisory Committee member in 2006, and a speaker on behalf of NARTH in 2010).  While a scientific advisor, Berger garnered notice when he recommended bullying as a solution to gender diverse youth (original now offline):

“I suggest, indeed, letting children who wish go to school in clothes of the opposite sex – but not counselling other children to not tease them or hurt their feelings.

“On the contrary, don’t interfere, and let the other children ridicule the child who has lost that clear boundary between play-acting at home and the reality needs of the outside world.

“Maybe, in this way, the child will re-establish that necessary boundary.”

At the request of Gwen Landolt of R.E.A.L. Women of Canada, he sent a submission to the Standing Committee on Justice and Human Rights (JUST) to oppose the trans human rights Bill C-279.  ARPA Canada has now forwarded this submission to every sitting MP, in anticipation of Third Reading of the bill.

Berger urges MPs to oppose C-279, because according to him, trans people don’t exist:

Scientifically, there is no such a thing. Therefore anyone who actually truly believes that notion, is by definition deluded, psychotic.

He then goes on to explain that what trans people experience is “just unhappiness,” as if risking losing everything — family, spouses, children, employment, friends, assets — in order to make a whole life change is simply the path of least resistance for unhappy people.

He takes some special pains to assert that he is “speaking now about the scientific perspective – and not any political lobbying position that may be proposed by any group, medical or non-medical.”  So he’s putting aside his role as a champion of ex-gay therapy, as he presents a scientific argument that contains absolutely zero authoritative citations.  Ironically, he concludes:

As a psychiatrist, I see no reason for people who identify themselves in these ways to have any rights or privileges different from everyone else in Canada.

I say ironically, because that is not what the Canada Human Rights Act does.  Despite Berger’s often-repeated reference to C-279 as granting “some special allowances or attitudes or possibly even ‘rights’,” what it would actually do would be to assure that trans people can’t be denied employment, housing and access to services simply because of who they are.  Which would put them on the same level as everyone else in Canada.

Added:

It was pointed out that on the submission, contact info was retained.  Be aware that abusing that info will simply feed a neo-conservative’s persecution complex and give them the opportunity to spin the response as proof that we’re “psychotic.” I really do recommend that people keep the response public, professional and responding to the ideology, not the person.  This is important.

MP’s trans predator fearmongering escalates.

On Friday, Sun News commentator Brian Lilley interviewed Rob Anders, the Member of Parliament who has drawn condemnation for conflating transsexual and transgender people with sexual predators in a petition he has been circulating on his website, and to at least one church in his riding. In “Children’s bathroom bill reaches Parliament Hill,” both doubled down on conflating trans people with sexual predators, and suggested that granting human rights inclusion will somehow enable and legally absolve predatory acts.  Anders claims there is “all sorts of examples of this going on.”  Which is news to anybody else.

Lilley introduced the interview by once again calling for the defunding and privatization of CBC, the network which first broke the Anders story, and which Lilley has tried to portray as ludicrous for taking note of the petition.  During this time, though, Lilley has also been taking note of a Toronto District School Board (TDSB) policy that accommodates trans kids.  Like fellow Sun News Network commentators Michael Coren and Faith Goldy, he’s made that all about washrooms.  While discussing the TDSB policy with Anders, they arrive at this exchange:

LILLEY: We are going and changing all kinds of things that… I agree with you, could put people at risk of being exposed to perverts to fix something that is, what, one percent of one percent of one percent of a subset of a subset?

ANDERS: Yeah.  You know, why would we lower peoples’ natural defenses of a man going into a woman’s bathroom in order to “accommodate” [scare quotes added because at this, Anders appears to grin mockingly or suggestively]  this very very small, you know, part of the population.  In order to expose all sorts of women and girls to this…?

At that point, Rob Anders relates a phone call that told an anecdotal story of a crossdressed peeping tom who allegedly peered over stalls in the Canterra building in downtown Calgary four years ago.  Searching various media online, there appears to be no corroboration that it even occurred, let alone that it happened as related.  The network sensationalistically underscores this story with staged photos that are supposed to be representative of trans people in restrooms, including one featuring a urinal covered in police tape, and another showing someone with a long wig and a dress standing at a urinal.  Or at least I’m assuming they’re staged, because it would be concerning if someone is snapping candids in washrooms.

At an earlier point in this interview, Brian Lilley also points to one of the men accused of chaining and abusing a Nova Scotia teen — the attacker was said to have occasionally dressed in womens’ clothing.

Most Canadians either don’t know someone who is transsexual or transgender, or else aren’t aware that an acquaintance is trans (and given my experience as a community advocate, I suspect it’s more often the latter).  For this reason, Anders and Lilley float these examples as being representative of all trans people, and as justification for excluding those entire characteristic classes from basic human rights protections.

LILLEY: “Then he’s free and clear.”

Enter Bill C-279, An Act to Amend the Canadian Human Rights Act and the Criminal Code (Gender Identity and Gender Expression), which is a human rights bill addressing employment, housing, access to services and discrimination.

The bill says nothing about washrooms, which Lilley briefly acknowledges before calling washrooms a side effect of the bill, and then continuing to focus on them at the expense of all else.  C-279 also wouldn’t change the fact that trans people have already been using washrooms appropriate to their gender identity for decades.  But it’s at this point that Lilley and Anders claim that the bill would somehow essentially absolve the people in their examples of any culpability for their actions.

ANDERS: “Then he’s free and clear, that’s right.”

Readers are invited to find any example in which rape, molestation and other illegal and inappropriate behaviours were suddenly excused because the perpetrator was a member of a class listed in human rights legislation.  As equal human beings, we are all still responsible for behaving ethically and respectfully toward our fellow human beings, and to face the legal consequences if we don’t.

We also don’t exclude entire groups of people from public washrooms (let alone human rights) on the off-chance that one of them might be a sexual predator.

When I wrote about the history of the “Bathroom Bill” meme, one thing I didn’t mention is how opponents of trans rights initiatives tended to conflate trans people with predators, and then when called on it, would habitually backtrack to say it wasn’t trans people they were worried about, but that they thought trans-inclusive legislation could provide cover for actual predators to commit acts of sexual predation.  And then they’d go on talking about “transgenders” with hairy legs and skirts stalking children and doing unmentionable things in washroom stalls, as a reason to block human rights legislation.

But with the way Lilley’s interview is presented, there’s visibly no effort at all to make any kind of distinction.

And all of this, of course, completely overlooks the dangers to safety of going the opposite direction and forcing transsexual women to use a men’s room.  Or whether women would be happy having trans men in theirs.

Which brings us to Brian Lilley’s bottom line:

LILLEY: “Why do we have all these groups mentioned to get special treatment in the Human Rights Act, in the Criminal Code?  I thought we believed in treat all people equally and fairly in this country.  And why don’t we just get rid of all this nonsense and say all people are equal above and beyond [sic] before the law?”

Overlooking the fact that you just referred to equality as “special treatment,” Mr. Lilley, it is most likely because there is ample evidence that there are clearly bigoted attitudes and beliefs about entire groups of people, conflating them with abhorrent actions and behaviours — even to the point of circulating petitions, making comments on the floor of the House of Commons, and reporting them on television as fact — in ways that make discrimination against those groups likely or even inevitable.

Sun Media’s Brian Lilley interviews Rob Anders

(Crossposted to Rabble.ca)

Rob Anders, the transsexual bogeyman, and the weird phenomenon of MPs petitioning their constituents.

Rob Anders is on a mission.  Hot on the heels of having to halfway apologize for alleging that NDP leader Thomas Mulcair drove former NDP leader Jack Layton to his grave, Anders is now sending at least one church (possibly more) a letter asking them to petition MPs to oppose Bill C-279, which would (in its current form) extend human rights protections to transsexual and transgender people.  You’d almost think he needs an easy deflection, and trans people are the punching bag du jour.

It must be important, too.  For a Member of Parliament who has gained a reputation for falling asleep during Question Period in the House of Commons, allegedly napping through presentations about homeless veterans, and about whom fellow MPs have stated that “It’s a regular occurrence… I sit across from him when we meet in Ottawa and I’ve seen his neighbours poke him awake sometimes,” this must be pretty urgent, attention-getting stuff. After all, he’s staying focused on this one.

In his original letter, he raises the alarm:

“That Bill C-279, also known as the “Bathroom Bill”, is a Private Members Bill sponsored by B.C. NDP MP Randall Garrison and its goal is to give transgendered men access to women’s public washroom facilities.

“And that it is the duty of the House of Commons to protect and safeguard our children from any exposure and harm that will come from giving a man access to women’s public washroom facilities.”

Ah, he wants to protect women.  Hence his vote in support of M-312, which hoped to make government an arbiter of what reproductive health decisions women are allowed to make.  How chivalrous.

The Calgary West MP has stirred up controversy before, sending Canadian troops a Christmas message which read, “when in doubt, pull the trigger.”  He also made international news when he called Nelson Mandela a terrorist.  In 2010, 19 members of Anders’ riding association quit citing interference from the Conservative Party, with another 5 of the 32-member board following in the days afterward.

I’ve written before about washroom panic, and the historic use of this non-existent epidemic (considering that we’ve used public restrooms for as long as we’ve existed, and not seen any statistically notable number of instances of predation) to oppose all basic human rights inclusion for trans people, and have to admit that Anders’ comments pale in comparison (probably only because of brevity) to the rant that Niagara West-Glanbrook MP Dean Allison delivered right on the floor of the House of Commons this past April:

“I find this potentially legitimized access for men in girls’ bathrooms to be very disconcerting. As sexual predators are statistically almost always men, imagine the trauma that a young girl would face, going into a washroom or a change room at a public pool and finding a man there. It is unconscionable for any legislator, purposefully or just neglectfully, to place her in such a compromising position.“

Still, Anders is careful to make his talking points look original, although they are really not that different from Allison’s, the panic letters previously sent from LifeSiteNews, rants by Charles McVety, or the letter sent by MP Maurice Vellacott to his fellow MPs when the predecessor of this bill, Bill C-389, trekked through the previous session of Parliament, forwarding comments from a “constituent” who turned out to be Jim Hughes of the Campaign Life Coalition.  Or the editorial written by MP Blake Richards in the Rocky View Weekly as C-389 proceeded to Third Reading.  That bill passed, but died awaiting ratification by the Senate, when the election was called.

Rise and shine, SunTV

Anders’ comments also come as Sun News Network commentators Michael Coren and Faith Goldy are reacting negatively to the Toronto District School Board’s introduction of a policy that will allow trans students to use washrooms that are appropriate to their gender identity — even the Toronto Sun implies that trans identity is whim by phrasing it as using “whichever washroom they wish.”  The TDSB ruling is in response to a 2011 ruling by the Ontario Human Rights Commission, and addresses accommodating trans kids (something badly needed), but like Anders, Coren and Goldy fixate on potty panic.  Transcribed by the Huffington Post:

“Goldy was quick to make the issue personal. ‘I cannot but help but bring this story back to my 5-year-old god-daughter and the fact that when she goes to the bathroom by herself who knows what kind of creepo is now fully permitted, he has the right now, to be standing in that bathroom and doing God knows what,’ the reporter said.”

“Who knows what” is probably peeing, and trans people value their privacy during that as much as any other Canadian, thank you very much.

Goldy, like Anders, deliberately misgenders female-identified trans people.  We know that Anders isn’t referring to anyone else when he is petitioning about “transgendered [sic] men” because the trans men I know would generally not be wanting to use the womens’ room anyway.  Granted, womens’ restrooms tend to be cleaner, but those beards might raise questions.

I’ve seen that kind of deliberate misgendering a lot, and typically the objective is to portray trans people as being deluded at best or else outright fraudulent.  But when this kind of intentional disrespect comes from politicians and media figures, it especially needs to be challenged.

“I’m petitioning you to petition me…”

Although Anders’ comments are obviously not new, it signals a growing trend when Conservative MPs start actively lobbying their constituents to lobby them for petition signatures.  This is reminiscent of Jason Kenney’s recent letter to congratulate himself on his efforts as a champion of LGBT human rights, and his previous petition to petition his constituents to petition him to thank him for petitioning them to thank him (or something) on his valiant initiative to deny health care to immigrants.  With Anders, Vellacott, Allison et al actively stirring up fears of an imaginary transsexual bogeymonster in order to defeat human rights legislation, it signals a disturbing trend among legislators — in these cases, Conservatives — by attempting to manipulate the public conversation and skew public input in a way that would appear to support their personal agendas.

Which brings me back to a point I’ve made before, and made often:

Human rights protections are necessary exactly because this irrational fear persists.  It’s necessary exactly because trans people still get conflated with sex predators and child predators, or labeled as “sick,” “perverse,” and “freaks.”  It’s necessary exactly because people become so clouded with assumptions and myths that they argue for our deliberate exclusion from human rights under the pretext that granting them would be “dangerous” or “scary.” It’s necessary exactly because this bias is so entrenched that people think nothing about broadcasting it openly as though fact.  It’s necessary exactly because this “ick factor” response is seen as justification for not allowing an entire group of people to share the same space, to terminate their employment or to evict them.  It’s necessary exactly because it is so pervasive that discrimination becomes not only likely but inevitable — especially if there is no explicit direction in law to the contrary on the matter.

And especially if that irrational meme is so prevalent that it’s being loudly and embarrassingly parroted by legislators.

The sponsor of Bill C-279, Randall Garrison, has responded to Anders’ petition, saying that “what’s most offensive about his petition is that he equates transgendered people with sex offenders and pedophiles.  This petition is obviously based on ignorance, misinformation and fear, but that’s unfortunately what we’ve come to expect from Mr. Anders.”

Rob Anders, however, has been not responding to requests for comment.  Maybe he’s nodding off, after all.

(Crossposted to Rabble.ca)

Less Than Woman, Less Than Human

Cathy Brennan and Elizabeth Hungerford have tendered a paper to the United Nations Entity for Gender Equality and the Empowerment of Women, in response to a query regarding the current international status of women. From this exercise, the Commission will be working to “identify emerging trends and patterns of injustice and discriminatory practices against women for purposes of policy formulation and development of strategies for the promotion of gender equality.”

In their paper, Cathy Brennan and Elizabeth Hungerford (who if they want to sign their names to this, I’m happy to give them ample credit for it) adamantly and explicitly oppose the extension of basic human rights to transsexuals, under the premise that providing rights protections under the classes of gender identity and gender expression “erodes” womens’ rights.  Conveniently, Cathy Brennan and Elizabeth Hungerford waited until the deadline for submissions before making this public, so that transsexuals are not given an opportunity to respond, and once again have no voice at all in the question.

Cathy Brennan’s and Elizabeth Hungerford’s argument only works:

1. if you refuse to accept trans women as actually being women,
2. if you believe that the principle of human rights (that all should be equal) is negotiable, if the minority in question is small enough, and
3. if you ignore the potential benefits women gain from gender expression inclusion.

What to Expect from a Harper Government (In The Bedrooms of the Nation III)

Previously:

I: A Brief Canadian History of Political Forces

II: The Opponents of Social Progress: Roadmap to the Far Right

As Stephen Harper and the Conservative Party seek a majority mandate, there is no shortage of speculation on either side of the map as to what a non-progressive Conservative majority would look like in Canada.  By some accounts, we’d see a new capitalist utopia of crime fighting and McJob creation.  By others, we’d see a social agenda unleashed which, now completely unbridled, would rewrite Canada into a Christian Nationalist dictatorship.

But we’ve seen already how Harper is completely cognizant of Canada’s inclination for social progress, and having to tightrope in order to maintain the far-right extreme and the centrist support he needs to maintain power.  Stephen Harper is gaming, and he is not going to seek only a 4-year majority.  He is in it for the long haul, and that means tightroping for as long as he can.

Opponents of Social Progress (In The Bedrooms of the Nation II)

Update:

Due to a moderation queue flooded with mind-numbing racist, Islamophobic and homophobic freeps as well as a reasonable question about singling people out, this post is withdrawn for the moment, until I can decide how I should address that question and also re-examine my moderation policy.

I’m normally not that big on censorship, but apparently, I’m going to have to make exceptions.

This post will be back, although perhaps tweaked.