Juno News - February 01, 2020
The renewed effort to get Bill C-16 modified or repealed
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Words per minute
147.80504
Harmful content
Misogyny
8
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Hate speech
1
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Summary
Bill C-16 was introduced in the House of Commons in May 2016, and enacted into law the following year. It added the terms "gender identity" and "gender expression" to the Canadian Human Rights Act, and to our criminal code. Since then, there has been a growing number of women taking up the fight against the bill.
Transcript
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There has been a recent grassroots revival of women taking on Bill C-16. To refresh your
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memory, Bill C-16 was introduced in the House of Commons in May 2016 and enacted into law the
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following year, in June 2017. Bill C-16 added the terms gender identity and gender expression
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to the Canadian Human Rights Act and to our criminal code. A lot of the initial discourse
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around Bill C-16 was centered around pronouns and compelled speech, not necessarily the tensions
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or potential conflicts between the rights of trans people and the rights of women. Many high-profile
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speakers, such as Jordan Peterson, Gad Saad, Megan Murphy, and others, spoke out against the bill at
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Senate hearings. However, a lot of women are still concerned about how Bill C-16 might impact female
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designated spaces, so particularly how biological males who self-identify as women become entitled
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to enter female spaces, such as female changing rooms, washrooms, prisons, and shelters. Take
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the example of Madeline, formerly Matthew, Harkes. Harkes is a serial sexual offender who began
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identifying as a woman in 2014. It is unknown whether Harkes has undergone any kind of gender-affirming
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surgery or process. And according to a 2006 psychiatric assessment, Harkes has an all-encompassing
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preoccupation in sexually abusing young girls. Harkes was moved to women's prison after claiming to be
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trans. And while he was locked up with female inmates, he was convicted of sexually assaulting
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at least two women. Another example. Gyms such as Good Life Fitness allow members to use the changing
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room of the gender that they identify with. But if a woman were to approach management to complain about
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a male-bodied person being in the women's changing room, she would be violating the no-judgment philosophy
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of Good Life Fitness, and she could have her gym membership revoked for bringing up her concerns.
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The women's rights organization Canadian Women's Sex-Based Rights, or COSBAR, is one group that is
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trying to get Bill C-16 repealed or at least seriously examined, according to COSBAR's creative
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communications director Esmeralda V. Doing similar work is an Ontarian woman named Tracy, who has been
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contacting members of parliament all over the country and asking them to modify or repeal Bill
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C-16. Barely any political officials have responded to her. But one MP, conservative Ted Falk, wrote this
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to her in an email. The Standing Committee on Justice and Human Rights was tasked with studying this bill
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to consider ways to improve it. Instead, the committee decided not to study the legislation at all
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after hearing only from the Minister of Justice and her staff. While the normal procedure would be to
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hear from a variety of witnesses so parliamentarians can consider if a bill should be improved upon,
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no such interaction was allowed. And indeed, if you look at the public online records, they show that
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the Standing Committee on Justice and Human Rights only hosted five witnesses during their study of Bill
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C-16. One witness was then Justice Minister Jody Wilson-Raybould, who was the MP that first
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introduced Bill C-16. And the four other witnesses were Department of Justice staff. So no outside
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organizations or experts came to testify in front of the committee on the impacts and consequences of
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Bill C-16, which is really quite unusual for a major bill like this one. And the weirdness around this bill
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isn't limited to the lack of expert testimony. One activist named Jennifer Ann noticed a gender-based
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analysis, so a GBA, also now known as a GBA plus, had not been performed on Bill C-16. But back in 1995, the
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government of Canada had committed to performing a GBA on all future legislation and policies in order to
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eliminate gender inequality. However, a GBA on Bill C-16 was nowhere to be found. A Quebec-based women's
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rights group, Pour les Droits des Femmes, had asked the government way back in November 2016 to release
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the GBA. But the entire report was deemed cabinet confidence material, and no pages were releasable.
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Shortly after the October 2019 election, Jennifer launched a House of Commons e-petition. And as the first
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step, she obtained the necessary 500 signatures. But as the next step, Jennifer has to find an MP
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willing to sponsor and present the petition. But as the petitioner, Jennifer is limited to contacting a
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maximum of five MPs, and each MP is given 30 days to accept or decline the petition before their
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opportunity to sponsor it expires. Jennifer started contacting conservative MPs who had voted no to Bill
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C-16 back in the day. When I interviewed her, she told me she thought finding an MP to work with would
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be a walk in the park. However, her first choice of MP, Candice Bergen, did not respond in 30 days,
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and the opportunity expired. The second MP, Diane Finlay, declined the petition. Her third choice, Alain
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Reyes, sent her an email saying he would not take it on. Gérard Deltel also recently refused, which means
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Jennifer can pick only one more MP before her e-petition is nullified, and that'll be it.
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It appears that MPs might be scared of appearing transphobic by taking on this petition. But it is
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explicitly stated in Parliamentary Resources that sponsoring an e-petition does not necessarily mean
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that the Member of Parliament supports its content. So they're simply acting as an intermediary.
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Will any MP take this on? Will any MP be willing to reopen the discussion on Bill C-16? Only time
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will tell, and these women are on the front lines of getting us those answers.
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Thanks for watching. I'm Lindsay Shepard for True North.