Fact Check: misgendering is a crime in Canada.

Fact Check: "Misgendering is a crime in Canada"

What We Know

The claim that "misgendering is a crime in Canada" is misleading. In Canada, misgendering—referring to someone using incorrect gender pronouns—is not classified as a criminal offense under Canadian law. However, it can be considered a violation of human rights in specific contexts, particularly in workplaces. For instance, a Canadian court ruled in 2021 that deliberate misgendering in the workplace constitutes a human rights violation, emphasizing that pronouns are a fundamental aspect of a person's identity (LawShun, Them).

In 2017, Canada passed Bill C-16, which amended the Canadian Human Rights Act and the Criminal Code to include "gender identity or expression" as protected grounds against discrimination and hate crimes (Wikipedia, CBC). This law does not make misgendering a crime but provides a framework for addressing discrimination based on gender identity.

Recently, claims have circulated regarding a proposed bill in Ontario that would criminalize misgendering and anti-LGBTQ protests. However, these claims have been debunked. The proposed legislation would allow the Ontario attorney general to designate certain areas as "2SLGBTQI+ community safety zones" where acts of intimidation, such as threats or hate speech, could be prohibited. Misgendering itself is not included in the bill, and the legislation does not impose fines for misgendering (AP News).

Analysis

The assertion that misgendering is a crime in Canada lacks legal backing and is based on misunderstandings of existing laws. While misgendering can lead to human rights complaints, it is not treated as a criminal act. The protections under Bill C-16 focus on preventing discrimination and hate crimes rather than criminalizing specific behaviors like misgendering (Wikipedia, CBC).

The source of the claim regarding the proposed bill in Ontario appears to stem from social media distortions. The Associated Press clarified that the bill does not broadly criminalize misgendering or anti-LGBTQ protests. Instead, it aims to protect individuals from intimidation in designated safety zones (AP News). This distinction is crucial in understanding the legal landscape surrounding gender identity in Canada.

Furthermore, while there are legal frameworks in place to protect individuals from discrimination based on gender identity, the interpretation of misgendering as a crime is a misrepresentation of the law. The Canadian Human Rights Tribunal has ruled on cases involving misgendering, but these rulings pertain to workplace discrimination rather than criminal law (Norton Rose Fulbright, Them).

Conclusion

Verdict: False
The claim that "misgendering is a crime in Canada" is false. Misgendering can lead to human rights complaints in specific contexts, particularly in workplaces, but it is not classified as a criminal offense. Current laws, including Bill C-16, aim to protect individuals from discrimination and hate crimes without criminalizing misgendering itself. Misleading claims about proposed legislation further contribute to confusion regarding this issue.