Honourable senators, I rise to speak to Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code. I thank the Honourable Senator Grant Mitchell for explaining aspects of the bill in detail, as well as all my colleagues who have already contributed to the debate and spoken in favour of Bill C-16. I too wish to support Bill C-16 by appealing to compassion and reason.

Let's begin with reason. Bill C-16 is worthy of being passed because it responds to an overwhelming need in our society. This bill is certainly a significant declaration of openness and respect, but in essence is a legislative response to protect people who currently are not adequately protected. Studies show that the transgender population is much more vulnerable than average Canadians. The Canadian Trans Youth Health Survey, published in 2015, revealed that two thirds of transgender youth felt that they were victims of discrimination because of their sexual identity and that half felt that they were victims because of their physical appearance. Seventy per cent of the youth said they were also victims of sexual harassment.

We must not lose sight of this reality. The question we must answer by way of this bill is not "What do you think of transgender people", as much as I would like the response to that sort of question to be one of openness, support, and acceptance, but rather "Do you find it acceptable to leave a vulnerable, persecuted group without adequate protection?" This distinction is important and I believe it shows the real scope of the bill, which in fact is not so controversial.

Let's consider the first element of the bill, which would add gender identity and gender expression to the list in section 2 of the Canadian Human Rights Act of prohibited grounds for discrimination with respect to depriving individuals of the right to equal opportunity to achieve their potential and meet their needs.

Now, imagine another scenario: a bill that, instead of including gender identity and gender expression, adds the following sentence to the end of section 2:

However, it is still permitted, for reasons of gender identity or gender expression, to deprive individuals of the equal opportunity to achieve their potential and to meet their needs.

I believe it would be impossible for any of us to vote for an amendment that knowingly deprives transgender people of the rights granted to all individuals under the Canadian Human Rights Act. I encourage you, honourable senators, not to implicitly allow what you would, quite rightly, refuse to explicitly allow.

Some will say that the existing law already protects transgender people. Senator Mitchell examined that argument. If that is the case, there is no harm in restating it but in a slightly different way. If that is the intent of the law, it clearly has not had the desired effect for transgender people. The fact is that transgender people are still vulnerable. Many of our colleagues have already discussed some crystal clear and deeply troubling statistics that prove it. The Honourable Senator Renée Dupuis explained that the discrimination they face is systemic. Does the existing law protect transgender people? If it does, it is not working well enough. There is an urgent need for clarity. If it doesn't, it must do so without delay. Once again, I ask whether you would be prepared to vote for an amendment that explicitly allows systemic discrimination. Of course not. Yet it is happening. It is up to us to make it clear, as soon as possible, that this is unacceptable.

Bill C-16 also adds reference to gender identity or expression in subsection 3(1) of the Canadian Human Rights Act. It enumerates the prohibited grounds of discrimination for the purposes of the act.

Honourable colleagues, I invite you to ask yourselves once again if it would be acceptable to amend the subsection to read, "For the purposes of this act, gender identity and expression remain permitted grounds of discrimination." Would you be ready to vote in favour of such an amendment? I am convinced that such an amendment would not get any support, and rightfully so. Again, I implore you, honourable senators, not to allow implicitly what we would never explicitly allow. As Justice La Forest, of the Supreme Court of Canada, said, a failure to explicitly refer to gender identity in the act leaves transgender people "invisible."

The bill also makes two amendments to the Criminal Code. The first would add gender identity or expression to the "identifiable groups," that is to the section of the public that is distinguished from others by a specific characteristic. The other characteristics recognized are colour, race, religion, national or ethnic origin, age, sex, sexual orientation, and mental or physical disability. It is important to point out that no new crime or legislative precedent in Canada is being established. The principle of identifiable groups already exists in the Criminal Code and a decidedly vulnerable group is being added to that list.

The second amendment deals with aggravating circumstances at the time of sentencing. It is important to note that section 718.2 is only applied when a guilty verdict has been reached and a sentence must be imposed. Furthermore, the offence must be motivated by bias, prejudice or hate based on gender identity or expression. The question to ask is then the following: are we dealing with aggravating factors when the criminal offence was committed against a person because he or she is transgendered? The answer is obvious. Our Criminal Code recognizes that offences motivated by bias, prejudice or hate based on the identity of the victim deserve harsher sentences. The express inclusion of gender expression or gender identity as part of these identity factors fully respects the spirit of the law.

To summarize, this bill contains reasonable measures to deal with a real problem. The objections we heard do not stand up to more in-depth analysis. My honourable colleagues, and especially Senator Dyck, who spoke a few minutes ago, clearly explained — and I would even say demolished — the false argument concerning washrooms. Senator Mobina Jaffer very clearly expressed the great suffering that such unfounded rumours can cause. I have nothing to add on that point.

Honourable colleagues, it's simply good policy because it proposes reasonable amendments to address an important and statistically irrefutable problem.

I am once again appealing to reason by reminding everyone, as some of our honourable colleagues have already done, that eight Canadian provinces and the Northwest Territories already have human rights laws that mention gender expression or gender identity. According to Manitoba's Human Rights Code, people may not be treated differently because of gender identity, and gender identity cannot be the basis for refusing to provide a reasonable response to an individual's or a group's special needs.

University campuses are also adapting by providing gender-neutral washrooms to better accommodate their students. As we might expect, the Canadian Museum for Human Rights in Winnipeg is leading by example on this, as it quite rightly should.

Manitoba, like eight other provinces and one territory, recognizes that sexual identity can serve as the basis of discrimination. Indeed, honourable senators, the statistics are clear: inaction is not an option.

Honourable colleagues, allow me one last time to appeal to reason by reminding you that one of the Senate's stated roles is to protect minorities. We often talk about the responsibility of this chamber in that regard and we often cite this responsibility when we are called upon to explain what sets this chamber apart from the other place. It is time that this bill be referred to committee for review.

Now, I would like to appeal to compassion in order to acknowledge the suffering of individuals who are marginalized by society and to see to remedying the situation.

Often in life, we must listen to our hearts in order to understand our thoughts. I will close my speech by sharing with you the fact that my son and I are looking for Alexia, a young woman formerly known as Allen. Allen was a good friend of my son's until the day he disclosed to his group of friends that "he" was becoming "she" and he wanted to be acknowledged as such from that point on. The friends were unable to adapt to his new reality. She withdrew, the boys no longer wanted her around, and the friendship ended.

This happened over a decade ago and to me the matter has been forgotten. However, to my son it is a whole other story. He recently told me that he is still filled with remorse and that one way or another he would like to right this wrong. If only he could find her. He is well aware of the challenges that transgender people face because since that incident, my son became a teacher, a sensitive teacher who is supportive to his young students. He is especially attentive to youth who are vulnerable and marginalized because he knows too well that he can make a difference in their lives and that of their families.

You're probably wondering why I, too, am searching for her. It's because, for too long, I chose to say and do nothing about Alexia and transgender people. I also want her to know that, today, I am joining those who have already expressed their support for this bill.

Thank you.