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VICTORIA (CUP) — Canadians may soon see legal protection for transgender individuals.

Bill C-389, a private member’s bill that is expected to go through its third reading in the House of Commons in December, would add gender identity and gender expression to the definition of “identifiable group” in the Criminal Code’s hate provisions.

The bill also seeks to add gender identity and gender expression to prohibited grounds of discrimination in the Canadian Human Rights Act.

“[The bill would give] legal protections, explicit legal protections, rather than ones that are implicit,” said Meris Colby, a member of the University of Victoria’s pride group. Colby is also a member of TransAction Victoria, a collective that advocates for the rights of transgender people.

“Basically, if someone is discriminated against because they’re trans or gender-variant, you don’t also have to prove that this is a basis of discrimination because that’s there,” added Ryan O’Connor, another member of both groups.

“If there is a hate crime committed against you, then [gender expression and identity are] taken into account as an aggravating factor, so it’s easier to prove there was a hate crime committed against you and not just someone saying hateful things.”

First-year UVic student Katie Fukada has already shown her support by signing an online petition that sent her MP an email requesting support of Bill C-389.

“I feel like this bill is really important. I wanted to make sure that my rights and the rights of people that I care about very much are protected,” she explained. “Everybody has a right to safety and I think this bill would just help enshrine that, and that’s really important to me.

“We need to protect the safety of everybody in this country,” she added.

Fukuda didn’t, however, expect a response from Conservative MP LaVar Payne, who represents her home riding of Medicine Hat, Alta.

“That was actually a surprise when I even heard back from him,” said Fukuda.

Although she didn’t expect Payne to be in support of Bill C-389, Fukuda says the response she got was shocking.

“I was really sad … about the response that I got,” she said. “I mean, it was expected, but I don’t think that I expected to have what was said be so blatantly ignorant of the problem.”

Payne’s letter reiterated comments Conservative MP Sylvie Boucher had made during a Parliament debate on May 10.

“We need enough evidence to conclude that there are enough cases of hate propaganda against transgender people,” she said at the time.

“That was really what bothered me the most,” said Fukuda. “He literally says that he doesn’t see there being instances of transphobia and I’m like, ‘Can you take a look around?’”

Boucher went on to state that broadening the Criminal Code’s definition of “identifiable groups” would limit a Canadian’s right to free speech.

“That really just makes me wonder whose rights we’re protecting in this country,” said Fukuda. “To me, free speech isn’t hate speech, so I feel like that’s really a huge problem.”

Requests to Payne for comment were unanswered.

Denise Savoie, the MP for Victoria, however, said the suggestion Bill C-389 would limit free speech is “ridiculous.”

“[The bill] doesn’t eliminate any existing rights that’s held within our constitution. I mean, we checked that out very, very thoroughly,” said Savoie. “It simply gives people who are, as I said, marginalized and who do face prejudice and often violence, it gives them a certain protection that doesn’t exist now. So I would just say that seems like hogwash to me and an excuse for not supporting the bill.”

Savoie also wanted to alleviate concerns she had heard that Bill C-389 would lead to inappropriate conduct in spaces like washrooms.

“Clearly what’s unacceptable now under the law remains unacceptable,” she said. “It doesn’t change our understanding of acceptable behaviour in gendered spaces, and it doesn’t change sanctions that exist now whether it’s for exhibitionism or voyeurism or indecency or any of those … and I think that’s important to state.”

Savoie says the bill has her support.

“I felt that if we could do anything to improve [trans and gender variant people’s] lives, we should, and so this bill, by enshrining explicit protections for them in human rights laws, I think it will go a long way to the acceptance of these folks in mainstream society and to recognize that they’re equal, full human beings,” she said.

“It’s really hard, I think, in society sometimes to allow for differences and to respect those differences.”

O’Connor echoed that transgender people do face discrimination.

“There’s a lot of societal momentum to work against and there’s really no indicators right now that it is something anyone cares about besides queer groups,” said O’Connor. “Maybe there’s not an explicit violent case we can point to, but we can easily point to this as a group of people that are being frequently undermined or under-represented and are facing some serious problems and not getting much help.”

Colby is hopeful that Bill C-389 reaching its third reading in Parliament will help bring attention to the issue.

“I think it’s just gaining a lot of momentum right now. There’s a lot more publicity now that it’s reached this point,” said Colby. “It’s the third attempt, so it’s finally gotten far enough through that people are paying attention to it.”

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