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Xtra! Ottawa has provided a rather detailed account of the line-by-line committee reading of Bill C-279 — otherwise known as the federal ‘gender identity’ bill — which resulted in the Bill not being amended and which, as a result of its non-amendment, now has a less likely chance of passing Third Reading in the House of Commons. (See the Xtra! article here: http://www.xtra.ca/public/National/Conservatives_filibuster_trans_bill-12904.aspx). As you may recall, Bill C-279 is the bill that seeks to add ‘gender identity’ and ‘gender expression’ to the anti-discrimination and anti-hate crimes provisions of the Canadian Human Rights Act and the Criminal Code of Canada, respectively.

Some highlights of the line-by-line committee meeting (as excerpted from the Xtra! article with a few additional notes) are:

• The meeting began with MPs carrying a motion to remove the term “gender expression” from the bill.
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• Fifteen Conservative MPs who voted for the bill at its second reading said they would continue to support the bill only if the term “gender expression” was removed or defined.
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• The bill’s author, NDP MP Randall Garrison, offered a definition of “gender identity” he sourced from the Yogyakarta Principles, a set of international principles relating to sexual orientation and gender identity created by a group of international human rights experts in 2006.
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• After much debate, Garrison’s definition of “gender identity” carried, making his definition and the removal of “gender expression” the only amendments approved. Ten other amendments were dropped because they pertained to the term “gender expression” or called for a definition of “gender identity.”
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• Garrison motioned for an extension of 30 days to continue consideration of the bill because previous committee meetings had been interrupted. The meeting ended before the extension — and the final version of the bill — could be approved. Therefore, the bill must now go back before the House without any of the aforementioned amendments.
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• While this unamended version of the bill is definitely the best version, it is unlikely to pass given the requests made by the supporting Conservative MPs.
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• The Bill is expected to get its Third Reading in the House of Commons in February. If passed, it will then have to go through the Senate.
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Notes:

• The definition of “gender identity” found in the Yogyakarta Principles (Page 6) is as follows:

Gender identity is understood to refer to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms.

• The definition of ‘gender identity’ put forward by Garrison (courtesy of Sarah Manns, Garrison’s Parliamentary Assistant) was:

Gender identity means, in respect of an individual, the individual`s deeply felt internal in individual experience of gender, which may or may not correspond with the sex that the individual was assigned at birth

• Significantly, this is the first time in Canadian history when the definition of a requested ground has been added to a bill, in what is understood to be an attempt to restrict the reach of the protections in question. This is absolutely despicable and represents the fear, misunderstanding, and contempt that is held towards transsexual, transgender, genderqueer, gender-neutral, and gender non-identifying people today.

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Hello Everyone,
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We just found out via Sarah Manns and the Trans Lobby Group that Bill C-279 (the Federal ‘Gender Identity’ Bill) will be discussed at the Standing Committee on Justice and Human Rights on November 20, 22, and 27.
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This is the bill that was originally written to add ‘gender identity’ and ‘gender expression’ as protected grounds from discrimination and hate crimes under the Canadian Charter of Rights & Freedoms and the Criminal Code of Canada; however, it is now only proposing ‘gender identity’ after the Conservative Party of Canada threatened to defeat the bill during Second Reading.
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More information on the Bill can be found here: http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?billId=5122660&Mode=1&Language=E
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Information about how to depute or make a submission has not been published yet. It will likely be posted on the House of Common’s Standing Committee on Justice and Human Rights website.
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Moving forward,
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Martin Otarola
Queer Ontario Secretary
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The following letter by Sandra Leonetti (Deputy Registrar General, Office of the Registrar General) was forwarded to us by Alexandra Schmidt (Senior Policy Advisor, Policy & Regulatory Services Branch, ServiceOntario), as a stakeholder in the consultations around the Change of Sex Designation Criteria on an Ontario Birth Certificate. French and English PDF versions of the letter can be downloaded after the text.
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October 5, 2012
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I am writing to inform you of changes to requirements to change sex designation on an Ontario birth registration.
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The Human Rights Tribunal of Ontario ordered the Government to cease requiring transgendered persons to have “transsexual surgery” in order to obtain a change in sex designation on their registration of birth. In accordance with the Tribunal’s order, the criteria for changing sex designation on a birth registration have been revised and there is no longer a requirement for “transsexual surgery”.
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The new criteria requires that a person wishing to change their sex designation on their Ontario birth registration complete a statutory declaration that they have assumed (or have always had) the gender identity that accords with the change in sex designation, they are living full-time in that gender identity and they intend to maintain that gender identity. The person must also provide a letter from a practising physician or psychologist (including a psychological associate) authorized to practise in Canada who can support the requested change. Alternative evidence to this letter in certain circumstances may be acceptable and is detailed on the application form.
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At this time, an applicant for a change in sex designation on a birth registration must be at least 18 years of age.
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The revised criteria and forms are posted on the Ministry’s website at www.ServiceOntario.ca. We would appreciate if you would make this information available to members of your organization and any clients who may be impacted by the revised criteria.
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Thank you for your consideration of this important matter.
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Sincerely,
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Original signed
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Sandra Leonetti
Deputy Registrar General, Office of the Registrar General
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A PDF version of this letter can be downloaded here: English Registrar General Letter Re New Change of Sex Designation Criteria in Ontario

A French version can be downloaded here: French Registrar General Letter Re New Change of Sex Designation Criteria in Ontario
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