The bill proposes adding gender identity and gender orientation to the Canadian Human Rights Act. This means that it would become illegal under the Act to deny someone a job or discriminate against them in the workplace based on the gender they identify with or outwardly express.
If passed, the bill would also add gender identity and gender expression to the Criminal Code in two ways:
- Section 718.2 is about what principles should be taken into consideration when a court imposes a sentence.
Section 718.2(a) is about how a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances.
Section 718.2(a)(i) speaks about offences where evidence shows that action was motivated by bias, prejudice, or hate based on social groups. This list already includes race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, and sexual orientation.
2. Section 318 is about hate propaganda.
Subsection 318(4) adds gender identity and gender expression to the definition of an identifiable group for the purposes of “advocating genocide.” This legislation would protect transgender and gender non-binary peoples from being a targeted group in an act of genocide.
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In
a panel discussion on TVO’s
The Agenda in October, Peterson said not only would not using someone’s preferred pronouns be considered discrimination under the new human rights legislation, it would be a form of hate speech.
“That’s why I made the video. I said that we were in danger of placing the refusal to use certain kinds of language into the same category as Holocaust denial.”
In the same discussion, he said:
“If they fine me, I won’t pay it.
If they put me in jail, I’ll go on a hunger strike. I’m not doing this. And that’s that. I’m not using the words that other people require me to use. Especially if they’re made up by radical left-wing ideologues.”
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“I don’t think there’s any legal expert that would say that [this] would meet the threshold for hate speech in Canada,” she says.
Our courts have a very high threshold for what kind of comments actually constitutes hate speech, and the nature of speech would have to be much more extreme than simply pronoun misuse, according to Cossman.
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The misuse of pronouns is not equivalent to advocating genocide in any conceivable manner,” she continues. “If he advocated genocide against trans people, he would be in violation, but misusing pronouns is not what that provision of the code is about.”