Bill C-16 added the words “gender identity or expression” to three places.
First: It was added to the Canadian Human Rights Act, joining a list of identifiable groups that are protected from discrimination. These groups include age, race, sex, religion and disability, among others.
Second: It was added to a section of the Criminal Code that targets hate speech — defined as advocating genocide and the public incitement of hatred — where it joins other identifiable groups.
Third: It was added to a section of the Criminal Code dealing with sentencing for hate crimes. If there’s evidence that an offence is motivated by bias, prejudice or hate, it can be taken into account by the courts during sentencing.
The bill, which enshrines the rights of transgender or gender-diverse Canadians by including them under human rights and hate-crime laws, has sparked some debate. Critics voiced concerns that the law will penalize citizens who do not use specific pronouns when referring to gender diverse people.