The prohibited grounds of discrimination in the Canadian Human Rights Act ("CHRA") may soon be expanded to include "gender identity" and "gender expression".

Bill C-389 - An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression)  - passed Third Reading in the House of Commons yesterday by a vote of 143 to 135.

In addition to amending the CHRA to include these new grounds, Bill C-389 would also amend the hate crime and sentencing provisions in the Criminal Code to offer express rights/protection to transgendered and transsexual individuals,

Bill C-389 - a private members' bill that was introduced by British Columbia NDP Member of Parliament, Bill Siksay - must now be passed by the Senate in order to become law. 

Comments

• Mr. Siksay's February 10, 2011 press release ("NDP Celebrate Passage of Historic Trans Rights Bill") on the passage of the bill can be found on his website here.
• This is second private members bill introduced in this session of Parliament that could significantly amend the CHRA. My post on January 23, 2011 outlines the other, a bill that would amend the CHRA to all but abolish mandatory retirement in federally regulated workplaces.
• The Canadian Human Rights Tribunal, among other Canadian human rights bodies, has already ruled that transsexual indivduals belong to the group of persons who cannot be discriminated against on the basis of sex under the CHRA. See for example, the decision in Montreuil v. National Bank of Canada, 2004 CHRT 7.