Honourable senators, let me start by saying how interesting the debate on Bill C-16 has been so far. Senators have shared many robust arguments, particularly regarding the scope of the proposed measures. Some of our colleagues have skilfully explained the purpose of Bill C-16, which will protect people from discrimination and hate propaganda based on gender identity or expression.

It has been rightly pointed out that most Canadian provinces have already amended their rights and freedoms legislation to add gender identity and gender expression to the list of prohibited grounds of discrimination. Such an amendment to the Canadian Human Rights Act would complete the body of legislation by providing protection against discrimination in areas under federal jurisdiction.

In practice, Bill C-16 brings nothing new to the conception of gender identity or expression. All the bill does is make national anti-discrimination legislation more consistent, while also upholding Canada's international human rights commitments, especially with respect to trans people. That said, some have concerns about this bill. Concerns and fears expressed by some of our constituents have been raised in the chamber by senators dutifully fulfilling their role as parliamentarians.

There are two main sources of concern: freedom of expression and safety for all.

We should not dismiss these objections out of hand. Naturally, as the former Quebec Ombudsperson, I weigh such considerations carefully. That is why I would like to share my thoughts about them with you, esteemed colleagues.

First, freedom of expression, though an integral part of life in a democracy, does not take precedence over the other Charter rights, nor is it without limits. One of those limits is, of course, hate propaganda. For example, courts have ruled that the expression of virulent criticism or offensive ideas about a particular group is not hate propaganda, and Bill C-16 changes nothing in that regard.

The law also protects good-faith expressions of a religious opinion. Robust legal consensus on this should put to rest the suggestion that we are debating anti-freedom measures. I would like to add, however, that throughout our history, the right of certain groups to be treated the same as all other Canadians has always been the subject of some debate, and that achieving true equality within society is a never-ending struggle for such groups. Since the dawn of Confederation, the rights of women, ethnic and religious minorities, and the homosexual community, to name a few, have been debated in this place.

Bill C-16 is a unique opportunity for us, as senators, to mark another important milestone in the recognition of equal rights in Canada — an opportunity that, we must admit, is long overdue. The statistics and the testimony we heard are clear, and Senator Mitchell made a brilliant reference to this a few minutes ago. Trans people experience great injustices, such as physical and verbal violence, discrimination in public and private services, and more broadly, a lack of recognition of their identity. Unfortunately, trans people currently do not enjoy as many legal protections as other groups. We cannot sincerely claim to be sensitive to their situation unless we take concrete measures to help them. Bill C-16 is a first step in that regard.

The right to safety, particularly for women, is the second objection that we often heard during our consultations. As a woman, a mother, and a former ombudsperson, I am fully aware of that consideration.

We often heard people say that they are apprehensive about the presence of trans people in public restrooms. The fear that people will pretend to have a different gender identity so they can commit criminal acts is very real. In that regard, it is important to remember that, under the rule of law, such behaviour is illegal and is subject to the appropriate sanctions, sanctions provided for in the Criminal Code. The theory that there will be an increased risk of sexual assault in restrooms used by trans people as compared to those whose access is determined on the basis of biological sex is flawed.

It is important to point out that if anyone's safety is at risk, it is that of transgender individuals. In the United States, 12 per cent of trans people have been the victim of a crime — harassment, or physical or sexual assault — in a public restroom. The addition of hate based on gender identity or gender expression to the list of aggravating factors that are taken into account in sentencing for criminal offences is a response to the violence being committed against the transgender population. Bill C-16 is also a first step in that regard.

Clearly, Bill C-16 will bring about changes within institutions under federal jurisdiction that are subject to the Canadian Human Rights Act. It is true that this will put certain constraints on public services and on some businesses that will have to comply with this new protection.

Are these administrative accommodations too onerous, enough to force us to reconsider passing this bill? I am well aware of the importance of proportionality and the reasonableness of the bill. However, after studying Bill C-16, the objectives of which are awareness, prevention and, when necessary, repression, I don't think that any of the proposed provisions include any excessive constraints. I have not heard any convincing arguments that show otherwise.

For that reason, I think people need to be very careful if they are going to challenge the fundamental rights of one segment of the population under the singular pretext that this requires accommodation. Likewise, people must not pretend that this bill says something that it doesn't really say. This is a legislative amendment that will protect Canadians against discrimination based on gender expression and identity in a more uniform manner across the country. I would like to remind the chamber that there is no minority or vulnerable group in Canada that is too small to have access to the same services as the rest of the population from coast to coast to coast. The Canadian government absolutely must recognize transgender rights. In that sense, Bill C-16 is yet another first step.

In closing, I want to recognize all the hard work done by the members of the Senate to understand the reality facing trans people. This subject remains largely misunderstood and, because of the systemic discrimination against them, it is often difficult for trans people to make their voices heard.

Honourable senators, there is one thing that has emerged from the democratic exercise of debating this bill. It is imperative that we engage in more meaningful dialogue with the transgender community. I repeat, Bill C-16 is just a first step, and it must not mean that we stop listening and reaching out.

I would now like to address my fellow citizens of any gender identity and gender expression. I want to tell you that this bill, when it is given Royal Assent, will be a law that recognizes and protects you.

Starting right now, I think that you must take advantage of this outreach and contribute to the hard-won progress being made towards greater understanding and lack of discrimination. You must continue to seize all democratic and peaceful opportunities to make yourselves understood.

The Ottawa Police Service sent all senators a letter inviting us to engage in a dialogue, and I think it behooves us to do so in order that we may better understand the issue and ensure that all public services and all our fellow citizens will be treated respectfully and equally. Honourable senators, for all of these reasons, I will vote in favour of Bill C-16. Thank you.