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e-2289 (Information and privacy)

Initiated by Jennifer Joseph from Oshawa, Ontario

Original language of petition: English

Petition to the Government of Canada

  • There are no explicit protections for transgender people in Bill C-16. Instead Bill C-16 creates protections for "gender identity" and "gender expression", which have no precise legal definition. This has triggered litigation against women who now need to prove they have a right to women's only safe spaces and sex-segregated activities. Bill C-16 erodes women's sex based rights outlined in the Canadian Charter of Rights and Freedoms;
  • Before Bill C-16 passed in the House of Commons, the current government pledged that no piece of legislation proposed would ever pass without a full and proper gender-based analysis (GBA) report. This report has never been published or made public, and inquiries made through the Freedom of Information Act suggest it was never completed; and
  • As of January 2019, Statistics Canada are no longer recording the sex of criminals, but instead the gender by which they identify. Statistics Canada response when contacted and asked if it would effect any research based on the data was "Statistics Canada consulted extensively, and performed the necessary statistical tests to evaluate the impact of this change. It is expected the change will have no impact on the analysis of the data." Again, the public has not been made aware of what statistical tests/methodology they used, nor has anything been published.
We, the undersigned, Citizens of Canada, call upon Candice Bergen to ask for the Gender-Based Analysis report be made public, and for Statistics Canada to explain their analysis or publish the results.

Response by the Minister of Justice and Attorney General of Canada

Signed by (Minister or Parliamentary Secretary): The Honourable David Lametti

Former Bill C-16, An Act to Amend the Canadian Human Rights Act and the Criminal Code, was an important step forward in protecting the dignity, security and freedom of transgender and gender-diverse Canadians. With this Bill, Parliament affirmed that trans and gender-diverse persons are entitled to equal protection from discrimination, hate propaganda, and hate crime; and that every individual is entitled to express their gender identity or gender expression without fear of harm.

The passage of this legislation in no way diminishes the importance of considering the differential impacts of policy choices on specific segments of the Canadian population. The Government of Canada is committed to supporting the full implementation of gender-based analysis across federal departments and agencies. With Budget 2019, the Government of Canada published its first Gender Report, which is publicly available online.


Response by the Minister of Innovation, Science and Industry

Signed by (Minister or Parliamentary Secretary): The Honourable Navdeep Bains

The new gender and sex standards released by Statistics Canada, on April 13th, 2018, followed several months of focus groups and testing sessions with cisgender and transgender individuals. Statistics Canada also consulted with transgender and non-binary individuals, representatives of organizations serving the transgender population, academic experts in the measurement of gender identity, as well as several federal departments.

Statistics Canada has analyzed the results of its social statistics surveys, where sample sizes were sufficient, by comparing the results using either sex or gender.  No significant impact was found when comparing the effect on the characteristics analyzed. These assessments were performed by analysts responsible for these statistical programs. Statistics Canada is currently in the process of implementing either the sex at birth and gender questions or the gender question only into its different collection vehicles.

Open for signature
February 14, 2020, at 10:33 a.m. (EDT)
Closed for signature
April 14, 2020, at 10:33 a.m. (EDT)
Presented to the House of Commons
Derek Sloan (Hastings—Lennox and Addington)
October 23, 2020 (Petition No. 432-00151)
Government response tabled
December 7, 2020
Photo - Derek Sloan
Hastings—Lennox and Addington