Evie
Pronounced like Eevee
It may be the same definition under the Canadian Human Right Comission. The Canadian Human Right Comission *is still not a criminal court*. It can't sentence you to jail. The system does not create "new human rights". It extend existing human rights legislation to prohibit gender identity/expression based discrimination. In exactly the same way as racial discrimination, gender discrimination, sexual orientation discrimination, etc, are all already prohibited. If people aren't getting jailed for using the n-word (and they aren't), then they won't be jailed for misgendering people, and it takes delusional or deliberate fearmongering to claim otherwise.
The *only* bit of criminal legislation in C-16 is concerned specifically with two specific crimes: advocating genocide and public incitement of hatred. And again, all it does is extend the definition of "identifiable group" used for both these crimes. So it's the same hate speech laws that already exist being applied to a new group.
That's really the key to C-16. It doesn't create NEW laws. It merely extend existing laws (whose application we already know, because they're long-established laws) to cover an additional group. That's literally all it does. It merely adds "Gender identity and expression" to two separate (and already existing) list of groups you can'T discriminate against and can't make hate speech against.
It's a whooping four sections in total. It fits on two pages in MS word - probably could trim it down to one without removing any text or changing font if you really wanted to. We're not talking an obscure undecipherable text here.
Edit: Heck, you know what? Here's the actual text of C-16.
That's all it says.
The *only* bit of criminal legislation in C-16 is concerned specifically with two specific crimes: advocating genocide and public incitement of hatred. And again, all it does is extend the definition of "identifiable group" used for both these crimes. So it's the same hate speech laws that already exist being applied to a new group.
That's really the key to C-16. It doesn't create NEW laws. It merely extend existing laws (whose application we already know, because they're long-established laws) to cover an additional group. That's literally all it does. It merely adds "Gender identity and expression" to two separate (and already existing) list of groups you can'T discriminate against and can't make hate speech against.
It's a whooping four sections in total. It fits on two pages in MS word - probably could trim it down to one without removing any text or changing font if you really wanted to. We're not talking an obscure undecipherable text here.
Edit: Heck, you know what? Here's the actual text of C-16.
An Act to amend the Canadian Human Rights Act and the Criminal Code
SUMMARY
This enactment amends the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination.
The enactment also amends the Criminal Code to extend the protection against hate propaganda set out in that Act to any section of the public that is distinguished by gender identity or expression and to clearly set out that evidence that an offence was motivated by bias, prejudice or hate based on gender identity or expression constitutes an aggravating circumstance that a court must take into consideration when it imposes a sentence.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1.Section 2 of the Canadian Human Rights Act is replaced by the following:
2 Subsection 3(1) of the Act is replaced by the following:
- Purpose
2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
3. Subsection 318(4) of the Criminal Code is replaced by the following:
- Prohibited grounds of discrimination
3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
4 Subparagraph 718.2(a)(i) of the Act is replaced by the following:
- Definition of identifiable group
(4) In this section, identifiable group means any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.
- (i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor,
That's all it says.
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