Thank you, Mr. Speaker.
Gender Identity
Mr. Speaker, under the issue of gender identity a number of presenters expressed general support for the inclusion of sexual orientation in the Human Rights Act. They also supported an amendment to the legislation to include "gender identity" as a ground for protection. Although the most detailed submissions on gender identity were from Egale Canada and OutNorth, many other presenters appearing before the committee expressed their support for extending human rights protections to include "gender identity".
The committee was told that protection on the basis of "gender identity" is required because of the discrimination faced by transgendered residents of the Northwest Territories. OutNorth described gender identity as "how one perceives one's sex", noting that many people feel that they were born into the wrong body. Gender identity is distinct from one's sexual orientation.
The inclusion of "gender identity" as a prohibited ground of discrimination in our human rights legislation will be a first in Canada. Notably, the Canadian Human Rights Act Review Panel recommended that the federal government amend the Canadian Human Rights Act to include gender identity in the list of the prohibited grounds. The panel cited the serious harm to those affected as a rationale for adding it to the federal legislation and recommended that the federal government recognize in statute what has already been recognized in case law.
Even though no other jurisdiction provides explicit protection on the basis of gender identity, some provinces do provide similar protection through case law. In particular, tribunal decisions from British Columbia and Quebec have interpreted the ground of "sex" in a manner that provides protection from discrimination based on gender identity. Ontario has created a comprehensive policy that allows for complaints to be made based on gender identity under the ground of "sex".
As noted at the beginning of this report, Mr. Speaker, the fundamental purpose of human rights legislation is to prohibit discrimination and to promote equality so that all members of our community can participate freely in everyday life. Recognition of gender identity as a prohibited ground of discrimination falls squarely within this purpose.
Although some have argued that this protection is already available through case law, the committee believes that it is more useful to be explicit about the types of discrimination the Act aims to prevent. Furthermore, by including it in the legislation, the committee believes that we are furthering the educative goals of the Human Rights Act.
Recommendation
The recommendation then, Mr. Speaker, is that the Standing Committee on Social Programs recommends an amendment to clause 5(1) and to the preamble to include "gender identity" as a prohibited ground of discrimination.
Place of Residence
Under the issue of "place of residence", Mr. Speaker, the Status of Women Council requested that the legislation be amended to include "place of residence" as a prohibited ground of discrimination.
The committee received a request to amend the legislation to include "place of residence" as a prohibited ground. The Status of Women Council reported that such an addition is necessary to protect people who are denied services because of their residency. It was argued that adding "place of residence" to the legislation would provide protection for residents who move from one community to another and who are denied services or access to programs because of their move.
"Place of residence" is not included as a prohibited ground in any other jurisdiction in Canada. Although committee members feel that there are some residents that may face discrimination in services, accommodations and facilities, we are concerned that including "place of residence" in the bill would detrimentally affect the ability of our government to administer regionally based programming.
Therefore, the committee is unable to recommend the inclusion of "place of residence" as a prohibited ground of discrimination.
Language
Mr. Speaker, under the issue of "language", the committee considered whether it is necessary to include "language" as a prohibited ground of discrimination. Notably, the only jurisdiction in Canada to provide explicit protection on the basis of language is Quebec.
The Status of Women Council requested that "language" be added as a prohibited ground of discrimination in clause 5 of the Act. Their concern is that discrimination based on language is not sufficiently covered elsewhere in Bill 1.
After due consideration, Mr. Speaker, it is the committee's view that language rights in government services are adequately protected under the Official Languages Act. "Ethnic origin" has been added as a prohibited ground of discrimination, therefore providing some protection where the language discrimination is related to ethnic origin.
Political Belief, Political Association and Family Affiliation
In the area of political belief, political association and family affiliation, Mr. Speaker, the committee considered whether the protection against discrimination based on political belief, political association and family affiliation should be extended beyond employment to include discrimination in the provision of services and tenancy and other areas covered by Bill 1.
A number of presenters supported the extension of protection from discrimination based on one's political association or belief to include all areas of everyday life covered by the Human Rights Act. The Status of Women Council and others supported an equivalent extension for "family affiliation". The committee heard that some residents, particularly those in smaller communities, feel that they are being discriminated against because of their family affiliation. They stated that the discrimination they experience is not limited to employment, but also occurs in other areas such as housing.
The Status of Women pointed out that "political belief" is protected under the Universal Declaration on Human Rights. Another presenter pointed out that discrimination because of a person's political belief or association can occur in accommodations, facilities and services as easily as it can in employment. The committee heard that by not providing protection in these areas the legislation is condoning discrimination in other contexts, including the provision of services or rental accommodations.
The committee understands that clause 7(2) was added to Bill 1 during the public consultations held by the Department of Justice. It is unclear why the protections from discrimination based on "political association" and "political belief" were not included in the general prohibitions in clause 5. The protection from discrimination in employment based on "family affiliation" is unique to the Northwest Territories, and has been included to address concerns over difficulties in small close-knit communities.
Seven provinces and the Yukon Territory include protections for political beliefs or associations. However, there have been few complaints made on this ground in those jurisdictions. Currently it is unclear to the committee why the protection against discrimination based on political belief, political association and family affiliation has not been included in the general prohibitions in clause 5.
Recommendation
A recommendation therefore, Mr. Speaker, is this. That the Standing Committee on Social programs recommends that clause 7(2) be deleted and that the grounds of "political belief", "political association" and "family affiliation" be added to clause 5.
Criminal Convictions
Mr. Speaker, to continue in the area of criminal convictions, the committee was asked to consider an amendment to clause 5 to prohibit discrimination on the basis of a criminal conviction that is "unrelated to the employment, service or accommodation", or alternatively that the current reference to criminal convictions "for which a pardon has been granted" be deleted.
Currently clause 5 protects residents from discrimination that is based on a criminal conviction for which a pardon has been granted. A few presenters pointed out that the reference to "for which a pardon is granted" is unduly restrictive because it does not protect people with a criminal record who have not received a pardon.
The Yellowknife Women's Centre told the committee that most people with criminal convictions are vulnerable to discrimination because they lack the necessary pardon. The representatives from the Yellowknife Women's Centre requested that clause 5 be amended to prevent discrimination based on criminal convictions not relevant to the job. In their view, failing to provide protection for all people whose criminal convictions are not related to employment leads to recriminalization of people who have already served their sentences. Furthermore, they noted that many of our residents (more so than in other jurisdictions) have had some interaction with the criminal justice system, resulting in a higher number of persons with criminal records.
The Status of Women Council advocated for a similar approach asking that the legislation protect from discrimination based on a criminal conviction that "has no bearing on the employment or service being sought".
There was some discussion over the accessibility of the pardon system to residents in the Northwest Territories. It currently takes over two years for the National Parole Board to process pardon applications.
The committee agrees that many of our residents may have criminal convictions for which a pardon has not been granted. However, we are concerned about the implications of expanding this protection to include criminal convictions "not relevant to the job or service". During our discussions, Mr. Speaker, we were unable to reach a consensus on this issue.
As noted in the report of the Canadian Human Rights Act Review Panel, six jurisdictions do not offer any protection for persons with a criminal conviction or charge. Three jurisdictions prohibit discrimination on the basis of a pardoned conviction, while four others prohibit discrimination based on a conviction where the conviction is not relevant to the job or service.
While the committee does not believe that this issue requires us to hold off on passing of Bill 1, it is an important issue that warrants further study. Therefore, we make the following recommendation.
Recommendation
The Standing Committee on Social Programs recommends that the Department of Justice study the implications of expanding the current protections with respect to criminal convictions, and submit a discussion paper to the Legislative Assembly outlining whether or not it is necessary to amend the legislation.
"Hate" Material
Mr. Speaker, to the issue of "hate" material. the committee was asked to amend clause 13 to include "hate" materials and to extend the protection from discrimination in publications to electronic mediums. The committee heard that the publication of hate materials is harmful to members of our communities. The Yellowknife Women's Centre suggested that the committee consider adding a provision similar to that provided in the Saskatchewan Human Rights Code to prohibit the publication of hate speech. This legislation also extends the prohibition to include electronic and broadcasting media.
Currently British Columbia, Saskatchewan, Alberta and Canada prohibit the publication of hate materials. The committee is of the view that it would be useful to extend the prohibitions in clause 14 to include material that is "likely to expose" members of our communities to "hatred or contempt".
Broadcasting and the Internet are both within the federal jurisdiction, Mr. Speaker. In particular, broadcasting falls under the authority of the Canadian Radio-Television and Telecommunications Commission, which has regulations dealing with the broadcasting of discriminatory material. The federal government is currently studying the regulation of hate speech over the Internet.
Therefore, the committee passed a motion to amend clause 14 to include the publication of "hate" materials.
Harassment
Under the issue of "harassment", the Committee considered whether the prohibition against harassment based on the prohibited grounds should be extended to include all forms of harassment.
A number of presenters made recommendations to improve the protections in clause 14. Several presenters requested that clause 14 be amended to remove the requirement that the harassment be related to a prohibited ground of discrimination so that it covers all personal harassment.
The Status of Women Council highlighted the devastating effects of harassment in the workplace. They pointed out that harassment comes in many forms and may not be directly related to a prohibited ground of discrimination. However, harassment not directly related to a prohibited ground listed in clause 5(1) is not covered by the act. They also requested that the act create obligations for employers to provide a workplace free from harassment, including providing education programs.
Other presenters suggested that the act explicitly refer to "sexual harassment" to make it clear that clause 14 prohibits that form of harassment. Another presenter suggested that a definition of sexual harassment be added to clause 5(3) of the act.
The committee agrees that harassment can be devastating and has detrimental effects on the individual in his or her participation in everyday life. However, no other jurisdiction in Canada has extended harassment provisions to include personal harassment.
Although the committee does not believe that substantial revisions are required, we do believe that the legislation would benefit from a definition of harassment. Defining harassment provides the public with a clearer idea of what conduct is prohibited.
The committee passed a motion to amend clause 14 to include the following definition:
"harass", in respect of an individual or class of individuals, means engage in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome by the individual or class".
Mr. Speaker, I would like to ask my colleague on the committee, Mrs. Groenewegen, to continue reading the report into the record.