Risks inherent in NDP's 'Bathroom Bill'
Wild Rose Report: A column by MP Blake Richards
Around Parliament Hill, it has come to be known as the “Bathroom Bill”– an NDP Private Members’ Bill, C-389, that calls for amendments to the Canadian Human Rights Act and portions of Canada’s Criminal Code to add “gender identity” and “gender expression” as prohibited grounds of discrimination.
Or, to put the practical effect of the bill into plain language, it would allow and legitimize access by a biological man who claims to “identify” himself as a woman into facilities reserved for women, such as public washrooms and fitness club changing rooms.
The premise of this bill is dangerous and a slippery slope. Because gender identity is subjective, the bill’s protections are wide open to abuse by “Peeping Tom” voyeurs, sex offenders and pedophiles.
Imagine how easy it would be for a man caught lurking in a girls washroom to avoid prosecution by claiming he actually identifies himself as a woman and only wants to “express” that gender.
Adding insult to injury, the bill makes gender identity an aggravating factor in discrimination cases. This means that any woman who objects or reacts negatively to a man in a female washroom with her would be opening herself up to potentially being charged with a hate crime!
Supporters of the bill say the bathroom access issue is a straw man argument since laws already on the books would deal with anyone who harasses or assaults washroom users. And that’s true, in so far as it goes. But what this bill’s supporters don’t want to address is the new and expanded access this legislation would give sex offenders to their victims. It opens up time, space and opportunities for sexual predators to plan and commit their crimes.
Tolerance is an admirable trait, but common sense and personal safety must also be taken into consideration.
I will once again be voting against this bill when it returns to the House of Commons. It is my hope that enough Opposition members will do the same.
In order to post comments on our web site, you must validate your email address. An email was sent to you when you registered that included an activation link. If you have not yet done so, please click on the link to activate your account.
If you did not receive your activation email, please click here to have it resent.
Already a member? Login here!
Not yet a member of the site? Register here!
Comments
With the utmost of respect, Bill 389 is primarily about ensuring that people are not denied employment or fired, denied housing or evicted, or denied services simply because they are transgendered.
Why is this important? It is important because transgendered people routinely experience horrific level of discrimination in employment and housing. The kinds of discrimination are egregious because the discriminator is often not aware that transgender people have any rights. One example of such discrimination is when paramedics have denied care, causing death, because an individual was transgendered (as in the case of Tyra Hunter). Firings are routine, being told an apartment is rented when the rental ad runs the next week, being told by a doctor that they can't treat your sore throat because you need to see a gender specialist, these are all common scenarios.
Condemning this discrimination in a visible way is necessary to allow trans people to be self-supporting and contribute to our society.
Tolerance is not the issue when it comes to the criminal law. Law and order is the issue, and the amendments to the criminal code will allow our courts to deal appropriately with those violent offenders who, by their actions, proclaim that their hate gives them license to flaunt and ignore our country's criminal laws.
Transgender people have the greatest interest in ensuring that washrooms are respectful and safe. Transgender people would be strongly opposed to allowing a cis-sexual (non-transgendered) "predator" to claim human rights protection based on the protections we need just to be able to use the washroom safely. In fact, transgender people are most often assaulted or harassed in washrooms. Criminal harassment and assault are criminal code offenses that can be used to prosecute anyone who is guilty of bathroom misconduct, regardless of their gender or gender identity.
As you mention, these rights have already been in place without any negative impact on washroom safety. The sky has not fallen, nor will it fall.
Please do not vilify people who are transgendered or allow their basic human rights to be set against the need we all have for washroom safety and security. These interests are not incompatible and this bill will not compromise either.
Thank you for your consideration.
Category:
Category 2:
Category 3:
message ID: 330753
Post On: December 9, 2010
Posted by User #: Nicole Nussbaum
Posted by IP:
message:
Dear Mr. Richards,
With the utmost of respect, Bill 389 is primarily about ensuring that people are not denied employment or fired, denied housing or evicted, or denied services simply because they are transgendered.
Why is this important? It is important because transgendered people routinely experience horrific level of discrimination in employment and housing. The kinds of discrimination are egregious because the discriminator is often not aware that transgender people have any rights. One example of such discrimination is when paramedics have denied care, causing death, because an individual was transgendered (as in the case of Tyra Hunter). Firings are routine, being told an apartment is rented when the rental ad runs the next week, being told by a doctor that they can't treat your sore throat because you need to see a gender specialist, these are all common scenarios.
Condemning this discrimination in a visible way is necessary to allow trans people to be self-supporting and contribute to our society.
Tolerance is not the issue when it comes to the criminal law. Law and order is the issue, and the amendments to the criminal code will allow our courts to deal appropriately with those violent offenders who, by their actions, proclaim that their hate gives them license to flaunt and ignore our country's criminal laws.
Transgender people have the greatest interest in ensuring that washrooms are respectful and safe. Transgender people would be strongly opposed to allowing a cis-sexual (non-transgendered) "predator" to claim human rights protection based on the protections we need just to be able to use the washroom safely. In fact, transgender people are most often assaulted or harassed in washrooms. Criminal harassment and assault are criminal code offenses that can be used to prosecute anyone who is guilty of bathroom misconduct, regardless of their gender or gender identity.
As you mention, these rights have already been in place without any negative impact on washroom safety. The sky has not fallen, nor will it fall.
Please do not vilify people who are transgendered or allow their basic human rights to be set against the need we all have for washroom safety and security. These interests are not incompatible and this bill will not compromise either.
Thank you for your consideration.