Agreed.
Debates of Oct. 29th, 2002
This is page numbers 1231 - 1274 of the Hansard for the 14th Assembly, 5th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was chairman.
Topics
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
October 28th, 2002
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Some Hon. Members
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Leon Lafferty North Slave
Thank you, Mr. Chairman. Just a question on the discussions after, or since our committee meetings, something came up that sort of raises a question on the gender identity, the addition of gender identity. Some of the presenters said that they wanted a gender identity to promote equality so that all members of our community can participate freely in everyday life. It raises a question where when they perceive themselves as transgender, they perceive themselves as a different sex than what they are, what they look like and what they feel like that day, I guess. I am trying to have...I sort of have a problem how we can protect people and their privacy. For instance, let's say going to the washrooms or a public bath or whatever like that, where one person perceives themselves or herself as a different gender that day, can enter any one of these facilities and not be discriminated against because of that? Is there any protection for the public in this case?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Roger Allen Inuvik Twin Lakes
Thank you, Mr. Chairman. Mr. Chairman, perhaps I can get some clarity from the Chair here. It is a committee motion and I am not sure if the Member wanted us to speak to the actual comments he made.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair Paul Delorey
Mr. Allen, he was not speaking to a motion, he was just speaking to clause 5. Mr. Allen.
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Roger Allen Inuvik Twin Lakes
With the able assistance of my esteemed colleague, I will ask her to respond to that.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Cooper
Just some background, we are talking about an issue that is not in the bill right now and I am not sure at this point in time what to do about it. There is discussion on the floor about a proposed committee motion and I am not sure whether an answer from the Minister is required at this point.
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The Chair Paul Delorey
Mr. Lafferty, would you want to maybe rephrase your question and put some clarity into it? The Chair is under the impression that you are asking the question under clause 5, from what you heard. Would you like to maybe rephrase your question? Mr. Lafferty.
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Leon Lafferty North Slave
Thank you, Mr. Chairman. I will wait until the motion is passed for clause 5. I mean the motion is put forward.
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Charles Dent Frame Lake
Thank you, Mr. Chairman. As we saw in the committee report, the committee heard from a number of presenters that we could improve the bill by adding gender identity after sexual orientation. We were told that this gender identity is now currently covered probably by case law under sexual orientation but presenters felt that we could make sure the act was clear by also including the term explicitly.
The committee agreed with that and as you can see in our report said that we would be bringing forward a recommendation in the form of a motion to amend the act so I will present that right now.
Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
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Charles Dent Frame Lake
Mr. Chairman, I MOVE that sub-clause 5(1) of Bill 1 be amended by adding gender identity after sexual orientation.
Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
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The Chair Paul Delorey
We have a motion on the floor. The motion is in order. To the motion. Mr. Roland.
Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
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Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. Mr. Chairman the committee has put forward a motion under gender identity and I know that a lot of people from my constituency would be asking, what does that mean? What does the term gender identity mean? I think a lot of people have the idea of sexual orientation that you cannot discriminate based on that, but gender identity is... Maybe we can get a definition of what the committee is proposing.
Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
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The Chair Paul Delorey
Thank you, Mr. Roland. Maybe I would ask our law clerk, Ms. Peterson, to address that. Ms. Peterson.
Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
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Law Clerk Ms. Peterson
Thank you, Mr. Chairman. Gender identity usually refers to the characteristic of how an individual views their own gender irrespective of what their biology might be. It is quite possible for someone who has male biology to consider that they are not properly housed in a male body, that their gender identity is really female.
Similarly, you can have a female who feels uncomfortable in the biological body that has been given to her and feels that her gender identity is actually male in orientation.
Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
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Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
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Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. I guess a question would be, this is now going in the area of beliefs, right from there are so many examples that one could use, whether religious or others. It becomes quite a problem in itself, the possibilities of trying to prove or disprove this in a situation that might occur. Has that been discussed, or at what level or potential... I am trying to understand this for enforcement, say. If we make it a law, if it becomes a law, that you cannot discriminate on this how would that be sorted out?
Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
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Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
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Law Clerk Ms. Peterson
Thank you, Mr. Chairman. As with any complaint of discrimination a complaint has to be made to the commission. It has to be assessed as to whether it should proceed to an adjudication and then the adjudicator must decide whether discrimination has occurred on the basis of the ground that has been alleged. That applies to this as well as to any other ground of discrimination that is being alleged.
Some of those grounds might be easier to see as to whether someone is of a different race or a different ethnicity, but again the proof of discrimination is always going to be difficult no matter what the ground is. In other words, one of the things I am trying to say I guess is it can be equally as difficult to prove discrimination on the basis of religion, say, as it can on the basis of gender identity. The person who is faced with the allegation that they have discriminated may say, no, I did not choose that person because of their religion I just did not chose them for other reasons. Those problems of proof exist in any human rights complaint process, virtually no matter what the ground is.
Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
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Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
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Floyd Roland Inuvik Boot Lake
By including this after sexual orientation, I guess anywhere in there, how much is... Mr. Dent stated that there is already case law, I believe, around that area, so how much more does this really tighten it up?
Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
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