Bill C-51 and Bill C-279 as Obstacles for the Progression of Social Justice in Canada
The law can be used as a tool to empower people associated with social differences—which pertain to the social construction and intersectionality of gender, sexuality, race, ability, class, and caste in society—but it can can also be used to further oppress people associated with social differences. The actions of the current federal government demonstrated through Bill C-51 and Bill C-279 represent the use of the law to further marginalize and oppress people associated with social differences. Though the values of the Conservative government have always been transparent, some especially clear signals have recently been communicated through the ways in which deeply problematic bills have been amended and are progressing.
The progression of Bill C-51, the anti-terrorism bill, is immensely troubling; many of its social justice implications have been discussed in the media. The recent open letter addressed to all members of Parliament, signed by more than one hundred Canadian professors of law and related disciplines, clearly displays their profound concerns with regard to Bill C-51 and urges for it to be amended or killed.
However, the Senate Committee’s amendments to Bill C-279, the federal transgender rights bill, have not figured as prominently in media coverage. These amendments limit the bill’s effectiveness. Many transgender activist groups and other human rights organizations, including Amnesty International, are a part of the Trans Equality in Canada Coalition and have stated that there is no way they could support the amended Bill C-279.
Thus, the recent progression of law under the Conservative government seems to be targeting people associated with social differences, and illustrates alarmingly problematic issues for the furtherance of social justice in Canada.
Bill C-51, the Conservatives’ proposed anti-terrorism legislation, is overly broad in scope and creates legal justification for potential social injustices. For example, the vast scope of the legislation includes many civil disobedience activities, such as protests and strikes. These provisions present large obstacles for activists and people associated with social differences, especially with regard to the “interference with critical infrastructure” and the legislation’s expansion of CSIS powers. This extremely broad legislation poses many privacy concerns and expands the scope of covert state activity while also threatening democracy and activists in Canada.
The “interference with critical infrastructure” aspect of the legislation is particularly troubling. For instance, pipelines could be constructed under the auspices of “critical infrastructure,” and the legislation could be used to justify labelling those who protest such pipelines as terrorists. Furthermore, looking to social justice movements like Idle No More, the passing of Bill C-51 means that Aboriginal people in Canada could be characterized as terrorists, which is profoundly problematic. Questions could also be raised in reference the legislation’s affect on other Aboriginal issues, such as the current situation regarding the Ring of Fire in Ontario. Bill C-51 could very well strengthen the Crown’s claim that the Ring of Fire ought to be characterized as “critical infrastructure.” There are many other examples which could be potentially disastrous and tremendously problematic for people associated with social differences.
On the other hand, the less publicized amendments to Bill C-279 are just as damaging to social justice in Canada. The Senate has passed an amendment to the transgender rights bill which would effectively bar transgender people from public washrooms. The legislation is being amended to exclude transgender people from entering federal “sex specific” services and facilities such as crisis counselling centres, abuse shelters, correctional facilities, changing rooms, and washrooms.
This amendment does not come as much of a surprise, as Conservative Senator Donald Plett has been fervently opposed to Bill C-279 since its inception. Plett has constructed transphobic arguments, stating that the amendment is necessary to protect vulnerable women who could be traumatized by being in the presence of a biological male in personal spaces. Additionally, throughout the bill’s debate, Plett has been against allowing transgender people to use bathrooms that parallel their gender identity. Advocates for Canadian Transgender Rights legislation rightly label such activity on the part of the Conservative government as transphobic.
This federal transgender rights bill been dragged through Parliament for more than three years. Advocacy groups, such as Gender Mosaic, wish to support the bill because of its importance to the trans community. However, given the current amendments, they have decided it is not possible to support it and have stated their intention to fight for its removal. Discrimination of people associated with social differences is being reproduced through the law; transgender people are being targeted and discriminated against in an overt manner.
Law is currently being utilized by the Conservative government to further oppress people associated with social differences, as illustrated by Bill C-51 and Bill C-279. Social justice seems to be at risk in Canada, and those who will suffer most from this are people associated with social differences; the bull’s-eye is on them.