February 28, 2018 — Universities like to champion themselves as defenders of different peoples and ideologies.
However, while the former may be true, anyone who has ever spent time at one knows that the latter is not true.
In this case, 3 Ontario post-secondary institutes were facing legal challenges. But now a Superior Court has ruled in their favour.
They are: (1) Ryerson University for refusing to grant official status for men’s issues awareness, and both the (2) Durham College & UOIT and (3) University of Toronto Mississauga for refusing official status for pro-life groups.
Student Union fees are mandatory at colleges and universities. However, Student Unions are in effect able to force money from students whose views they censor.
There is no open to ”opt-out” if the school promotes certain views, or censors others.
A group dedicating to raising awareness to how issues such as higher suicide rates, job loss, courts that are stacked against them, and a general lack of resources for men is not openly hostile to women. Regardless of some feminists will say, men are not the enemy.
Likewise, a group who wants to spread their views that unborn children should have rights is not an enemy to women. Regardless of a person’s individual views on abortion, it is wrong to condemn those who take issue with the issue of stopping a potential future person.
Yet, with this February court ruling, the Ontario Superior Court of Justice has said that it ”is” okay to shut down and ban student groups if their views are disliked.
Interesting observation: though probably a coincidence, it seems that those opposition to both groups are a way for some women to flex their political muscles.
Banning a men’s issues awareness group can be a way to ensure that the only issues that receive public attention are women’s concerns.
Banning a pro-life group can be a way to ensure that abortion is only looked at through the lens of the mother and her suffering, and not that of the unborn child.
However, universities are not places for free speech and open inquiry, unless the speech and inquiry are of ”approved” views. This is to say that they are not places of free speech and open inquiry at all.
(Jordan Peterson before the Canadian Senate on Bill C-16)
June 19, 2017, Bill C-16 received royal assent, becoming law. In a nutshell, amended both the Canadian Criminal Code and the Canadian Human Rights Code to include “gender identity or expression” to the books.
For the Criminal Code, it added “gender identity or expression” to the list of protected groups which violence against would be viewed as a hate crime (if that were the motivation for the offence.
For the Human Rights Code, “gender identity or expression” would be added to the list of protected grounds which discrimination against would be illegal.
In the above video, Professor Jordan Peterson (University of Toronto), claims that this bill will lead to “compelled speech”, and that the wording leaves the possibility that it will be abused. There are obvious flaws with the bill (more on that later). But here are the quotes from the HRC and CC, both before and after.
2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
R.S., 1985, c. H-6, s. 2; 1996, c. 14, s. 1; 1998, c. 9, s. 9; 2012, c. 1, s. 137(E); 2017, c. 3, ss. 9, 11, c. 13, s. 1.
REPLACEMENT
Canadian Human Rights Act
1998, c. 9, s. 9; 2012, c. 1, s. 137(E)
1 Section 2 of the Canadian Human Rights Act is replaced by the following:
Purpose
2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
REPLACEMENT
2 Subsection 3(1) of the Act is replaced by the following:
Prohibited grounds of discrimination
3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
(4) In this section, identifiable group means any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, or mental or physical disability.
R.S., 1985, c. C-46, s. 318; 2004, c. 14, s. 1; 2014, c. 31, s. 12.
REPLACEMENT
3 Subsection 318(4) of the Criminal Code is replaced by the following:
Definition of identifiable group
(4) In this section, identifiable group means any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.
(i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor,
REPLACEMENT
4 Subparagraph 718.2(a)(i) of the Act is replaced by the following:
(i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor,
First, what exactly is “gender identity”? On the surface, it seems to imply transgendered/transsexual people, who are actually “transitioning” from one sex to another. However, the bill fails to define or clarify this. Is it a transitioning person? Do they have to have completed it? Is there a certain standard?
Second, what exactly is “expression”, in the context it is being used? Would drag kings/queens or performers fall into this category? Is it someone who just dresses or acts in a less than usual manner? For this to be included into human rights and criminal code legislation, the wording needs to far more clear?
Third, if a person chooses to identify as anything other than male or female, are others obligated to address them as such?
Fourth, in terms of “having their needs accommodated” (with respect to the human rights code), what does this mean? Again, without specifying whether a person is actually transgender or just doing this temporarily, how would any employer or school be expected to be able to comply? Likewise, when looking at the wording “… without being hindered in or prevented from”, this is impossible to comply with, without more information.
Fifth, and regarding the Criminal Code, this seems incredibly dangerous to add. Hate crime laws are often not a good idea (as identity seems to be more important than the actual offence). But here, adding the vague wording “gender identity or expression” as a means of increasing a sentence does not seem wise.
Sixth, will these laws stifle legitimate concern and debate on the issue of transgenderism? The health and societal considerations — not to mention high suicide rates — are of a public concern to discuss. The science of “gender dysphoria“, the underlying medical condition, is still far from settled. If open discussion and debate can be viewed as “hate speech” or as “discrimination”, will this have a chilling effect on free speech?
Seventh, and referring to the above Peterson video, is gender supposed to be viewed from a biological or sociological perspective? (See the video).
Again, if this were specifically meant to protect individuals transitioning, and/or those with gender dysphoria, it would be a lot easier to support. However, the wording seems vague, and open to misinterpretation.
The public at large seems apprehensive about these changes, and with good reason.
