Bill C-16 · 42th Parliament · Justin Trudeau
An Act to amend the Canadian Human Rights Act and the Criminal Code
Government bill. Became law.
- IntroducedMay 17, 2016
- Debated in principleOct. 18, 2016
- Studied by a committeeDone
- Passed its first chamberNov. 18, 2016
- Passed the second chamberJune 14, 2017
- Became lawJune 18, 2017
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Justin TrudeauPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
What it set out to do
On 17 May 2016, the Minister of Justice introduced Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, in the House of Commons and it was given first reading. Bill C-16 amends the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination. It 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.
Summary by the Library of Parliament.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
81% of the text as introduced was changed or removed by the time it became law (870 words introduced, 529 passed).
minor changeintent kept
The bill passed with the same core amendments adding gender identity and gender expression to the Human Rights Act and Criminal Code. Only the royal assent date, bill header years, and minor punctuation spacing were updated.
- Updated the session years and assent date in the header.
Before: “C-16 1 42 64-65 Elizabeth II 2015-2016”
After: “C-16 1 42 64-65-66 Elizabeth II 2015-2016-2017”
- Removed space before comma in list of grounds.
Before: “gender identity or expression , marital status”
After: “gender identity or expression, marital status”
How precisely it is written
mixedChallenging the law: ModerateDisputing a charge: Moderate
The bill adds the phrase gender identity or expression to fixed statutory lists in a direct and mechanical way. It leaves the underlying subjective tests for hate motivation and discrimination unchanged and undefined.
Open to argument
“gender identity or expression”
The term is inserted without any definition or objective criteria, leaving its scope open to argument.“motivated by bias, prejudice or hate”
These words set a subjective standard that requires courts to assess internal motivation rather than observable facts.
Clear-cut
“Subsection 3(1) of the Act is replaced by the following:”
The amendment substitutes a complete enumerated list, making the prohibited grounds exhaustive and easy to apply.“Subsection 318(4) of the Criminal Code is replaced by the following:”
The new definition of identifiable group is a closed list with no residual clause or discretion.
Discretion. No power is delegated to ministers, officials or regulations; the changes operate directly through the amended statutes.
Challenging the law itself. The undefined phrase gender identity or expression added to the hate-propaganda and sentencing provisions could be challenged under Charter s. 2(b) on grounds of vagueness or overbreadth.
Disputing a charge under it. An accused could contest whether the offence was motivated by bias or hate based on gender identity, because the test turns on subjective intent rather than objective conduct.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.