Manitoba

Tories call for changes to Manitoba bill adding gender expression to human rights code

Manitoba's Opposition leader says he is hoping for changes to a bill that would add gender expression to the province's human rights code.

NDP accuses new Opposition leader of trying to appease bill's critics

A man wearing a blue suit speaks as he looks into a crowd of cameras and lights
PC Leader Obby Khan says he's heard concerns that people could face a complaint for addressing someone by the wrong gender under a new NDP bill. (Prabhjot Singh Lotey/CBC)

Manitoba's new Opposition leader says his party wants changes and clarity on a bill by the NDP government that would add gender expression to the province's human rights code.

The bill, now making its way through the legislature, would include protections for people to be called by their preferred pronouns.

Progressive Conservative Leader Obby Khan said Tuesday he has heard concerns by some members of the public who fear people could face a complaint for addressing someone by the wrong gender.

"What is the standard or threshold to file a complaint? What does that look like? The minister has been very vague on that," said Khan, who was elected Tory leader April 26.

"We all agree — let's be clear — human rights are of the utmost importance for everyone regardless of anything else.…  The concern is the threshold."

Karen Sharma, executive director of Manitoba's human rights commission, told public hearings — where dozens spoke in favour and against the bill — the code applies to employment, housing and other services, and not to interactions between private individuals or inside religious institutions.

Successful complaints seen in other provinces have involved malicious, repetitive misgendering, she added.

Justice Minister Matt Wiebe said the Tories should not oppose a bill that would bring Manitoba in line with other provinces that also protect gender expression.

"Eight other provinces and two territories in this country already have this protection in place," Wiebe told reporters. "For many, it's been over a decade."

2019 complaint in Alberta

The issue of gender expression recently went before the Alberta Human Rights Tribunal.

Marni Panas, a transgender woman, filed a complaint in 2019 after she was misgendered by 911 dispatchers in Edmonton when she called to ask for a welfare check on a friend.

Earlier this year, the tribunal found there was discrimination but dismissed the complaint, saying dispatchers didn't mean to misgender Panas.

Panas has applied for a judicial review of the ruling.

The Manitoba bill is expected to be passed into law this spring, given the NDP majority in the legislature.

The Tories hadn't expressed an interest in amending the bill prior to Khan becoming leader in late April.

Khan was asked whether he would allow his Tory caucus members a free vote on the bill and appeared to indicate that he would.

"I have been very, very clear throughout my [leadership] campaign, and I will now say that when it comes to matters of conscience that I will open it up for a free vote."

Opposition wants Manitoba government to clarify bill protecting gender expression

1 day ago
Duration 1:39
Progressive Conservative Leader Obby Khan is asking the NDP government to amend its bill adding gender expression to Manitoba's human rights code. He wants the bill to clarify what would prompt a complaint to the human rights commission.

With files from CBC News