Comments on: Your Support of Bill C-279 is Urgently Needed Now

By: Rasmus

Rasmus — Mon, 26 Mar 2012 18:32:02 +0000

There is a petition here.

By: Greg Laden

Greg Laden — Fri, 23 Mar 2012 21:15:07 +0000

Regarding your first point, yes, I know. The Canadian did not, however. Regarding your second point, I think the systems are similar in that way, however, the US constitution was not sufficient in and of itself to not require, for instance, the Civil Rights act of 1966.

By: Ibis3, denizen of a spiteful ghetto

Ibis3, denizen of a spiteful ghetto — Fri, 23 Mar 2012 20:04:31 +0000

A third clarification. This won’t amend the CoR (which pertains to actions of the government). This bill is to amend the federal Human Rights Code which prohibits third parties to discriminate against someone in areas of life regulated by the federal government: e.g. denial of goods, services, accommodations, employment, equal wages, harassment, etc. Also, the Criminal Code sections on hate propaganda and sentencing for hate crimes.

By: Ibis3, denizen of a spiteful ghetto

Ibis3, denizen of a spiteful ghetto — Fri, 23 Mar 2012 19:44:42 +0000

Not to detract from your point, but let me clarify a couple of things. First, we did have a Bill of Rights prior to the current Charter, enacted in 1960 (though it was a law, not part of a written constitution which document we didn't have until 1982), and an implied BoR before that--which is perhaps why your interlocutor said we didn't need one. In many ways it's an improvement that our rights are spelled out, but in some ways the written form isn't quite as flexible. Which brings me to point two.

but just as in the United States, unless you are really quite specific, these sorts of protections don’t extend to everyone

I don't know exactly how constitutional law works in the US, and I have a layman's understanding of the Canadian variety. The courts are free to extend protections to or "read into" the Charter classes of people not explicitly named in the document. This happened for sexual orientation which led to marriage equality in Ontario & BC in 2003 and most other provinces in 2004, paving the way for a federal marriage equality act in 2005. Not too shabby. However, it makes it even more of a shame that the same hasn't occurred for gender and gender expression, since it actually is possible.