Draft Bill – July 24, 2019
Title: Initiative to Add Boyness Girlness to the Human Rights Code
Whereas a deficiency in the Ontario Human Rights Code was identified in June 2019;
Whereas the deficiency was inadvertently described by lawyers for the Ottawa-Carleton School Board who confronted a complaint about discrimination against a child because she is a girl, by in effect arguing that being a child, boy or girl, is not a protected class in the Ontario Human Rights Code;
Whereas the British Columbia Human Rights Code also lacks a protected class that indisputably prohibits discrimination against boy or girl gender identities;
Whereas adding boyness and girlness as protected classes to the British Columbia Human Rights Code would correct the deficiency;
Whereas the 1996 BC Recall and Initiative Act establishes a framework for registered voters to propose a new provincial law or changes to an existing provincial law;
Whereas a successful initiative petition may result in an initiative vote;
Whereas the purpose of this act is to add two more protected classes to the Human Rights Code.
Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia enacts as follows:
Revise the BC Human Rights Code by adding the words highlighted with a yellow background
Section 1 – Interpretation:
“service” includes services provided by a school, a hospital or in other public settings for children;
Section 8 – Discrimination in accommodation, service and facility, Sub-section (1)
A person must not, without a bona fide and reasonable justification,
(a) deny to a person or class of persons any accommodation, service or facility customarily available to the public, or
(b) discriminate against a person or class of persons regarding any accommodation, service or facility customarily available to the public because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, boyness, girlness, or age of that person or class of persons.
Section 8 – Discrimination in accommodation, service and facility, Sub-section (2)
A person does not contravene this section by discriminating
(a) on the basis of sex, if the discrimination relates to the maintenance of public decency or to the determination of premiums or benefits under contracts of life or health insurance, or
(b) on the basis of physical or mental disability or age, if the discrimination relates to the determination of premiums or benefits under contracts of life or health insurance, or
(c) on the basis of girlness or boyness, if the discrimination relates to a person who has reached the age of 19 years or more.
The Act comes into force on the date of Royal Assent.