Group wants gender identity in Nunavut human rights law

KIRSTEN MURPHY

A group of Iqaluit residents want gender identity written into Nunavut’s human rights bill as a prohibited grounds for discrimination.

Premier Paul Okalik, the minister of justice, introduced the bill in the legislative assembly this past October. It has received first reading and will likely be referred to a standing committee when the House resumes in early March.

It would cover the commonly accepted grounds for protection enshrined in the Charter of Rights and Freedoms, including race, religion, age, disability, sex and sexual orientation.

But it doesn’t go as far as legislation introduced in the Northwest Territories in November 2000. The NWT is the first jurisdiction in Canada to include gender identity.

Last Monday, members of Iqaluit Pride and Friends of Pride (IPFP) met to review a copy of Nunavut’s bill.

Allison Brewer, the group’s spokesperson, said what’s missing from Nunavut’s proposed legislation is the recognition of gender identity within the context of sexual orientation.

“Human rights legislation is to protect minorities and people who cannot speak for themselves,” said Brewer, a lesbian activist and mother of three teens. “Our concern is that the act reflects and recognizes the diversity of all [residents], including people who are transgender.”

Transgender is defined as people whose psychological self or gender identity differs from the physical sex they were born with. (Think of Brandon Teena from the movie Boys Don’t Cry, which was based on a true story.)

Brewer says she does not know of any transgender people living in Nunavut. Okalik doesn’t either. “I have not seen anyone that lives that lifestyle yet,” he told Nunatsiaq News in October.

“That’s not to say they don’t exist, or that they’ve haven’t left town so they could live more comfortably and safely,” Brewer added.

But she anticipates not everyone, including many Nunavut’s MLAs, will share her views on sexual orientation.

“I know how much education is needed around sexual orientation and gender identity. So, I would anticipate it will be controversial because I don’t think people are aware what the issues are. Ultimately it will be the MLAs who will vote on this and I would really hope they vote on principals of protection for people in minority groups. I hope they don’t vote based on their lack of awareness about certain issues or based on their own religious beliefs,” she said.

Okalik recently suggested gays and lesbians were not part of Inuit culture when explaining why the Baffin Correctional Centre does not provide condoms for inmates.

“Homosexuality is present in every culture. It’s absurd to think it’s not,” Brewer said.

Nunavut is the last Canadian jurisdiction to introduce human rights legislation. The territory inherited the Fair Practices Act from the NWT in 1999, but it was badly outdated. It failed to recognize sexual orientation as a grounds for discrimination, even though it has been recognized in the Canadian Human Rights Act since 1996.

Labour unions and the Qulliit Nunavut Status of Women Council are among the groups reviewing the bill this week. Submissions to the standing committee must be filed with the GN by Feb. 10.