Bill C-389: An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression)

C-389 Second Session, Fortieth Parliament, 57-58 Elizabeth II, 2009 HOUSE OF COMMONS OF CANADA BILL C-389 An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression) first reading, May 15, 2009 Mr. Siksay 402032 SUMMARY This enactment amends the Canadian Human Rights Act to include gender identity and gender expression as prohibited grounds of discrimination. This enactment also amends the Criminal Code to include gender identity and gender expression as distinguishing characteristics protected under section 318 and as aggravating factors to be taken into consideration under section 718.2 at the time of sentencing. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 2nd Session, 40th Parliament, 57-58 Elizabeth II, 2009 house of commons of canada BILL C-389 An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. H-6 CANADIAN HUMAN RIGHTS ACT 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, gender identity, gender expression, marital status, family status, disability or conviction for an offence for which a pardon has been granted. 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, gender identity, gender expression, marital status, family status, disability and conviction for which a pardon has been granted. R.S., c. C-46 CRIMINAL CODE 4. 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, ethnic origin, gender identity, gender expression or sexual orientation. 5. 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, gender identity, gender expression, sexual orientation, or any other similar factor, Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada