Manitoba law deems deliberate pronoun misuse as discrimination

New Manitoba legislation would deem the deliberate misuse of someone’s preferred pronouns as discrimination and increase human rights protections for the LGBTTQ+ community.

Bill 43 aims to insert “gender expression” among the list of protected characteristics under the Human Rights Code.

Justice Minister Matt Wiebe introduced the legislation, formally known as the Human Rights Code Amendment Act, on Tuesday.

“This would cover anything from behaviour or appearance, such as dress, hair, make-up, body language and voice,” Wiebe told reporters after question period.

The minister said it also encompasses pronouns to ensure children and adults can use their preferred descriptors freely and that they be respected.

It will align Manitoba, currently an outlier in Canada, with other jurisdictions and the federal Code, he said.

The proposal was tabled roughly 18 months after the PC Party of Manitoba made “parental rights” a key plank in its campaign in the 2023 election.

Obby Khan, who is one of two contestants in the Progressive Conservatives’ leadership race, was the face of the vague pledge. At the time, the party bought a billboard advertisement in downtown Winnipeg that displayed a photo of the father and the phrase, “Parents Know Best.”

The party promised to update laws to address bullying “and other behaviour changes.” It was launched amid a national conversation about preferred pronouns and their place in kindergarten-to-Grade 12 schools.

New Brunswick, Saskatchewan and Alberta have started regulating the use of preferred names and pronouns in school settings. Students under 16 are required to obtain parental permission to request changes in how they are formally addressed in classrooms in these provinces.

Wiebe called parental rights rhetoric “dog whistle language,” echoing concerns that have been raised by caucus colleagues and trans advocates.

“Manitoba’s really behind on this work on protecting our community,” said Charlie Eau, executive director of Trans Manitoba.

Trans and gender-nonconforming people face discrimination on a daily basis, be it as a result of their wardrobe, voice or otherwise, said Eau, who is non-binary and uses they/them pronouns.

Eau said community members can file human rights complaints related to these issues at present, but it’s a “very long, slow, tedious and often, ineffective process.”

Existing legislation recognizes gender identity and sexual orientation, among other protected characteristics.

“It makes a difference to have our safety established and entrenched in the law,” they said.

Last year, NDP MLA Logan Oxenham — who is the first openly transgender man elected to the legislature — introduced a bill to recognize March 31 as the Two-Spirit and Transgender Day of Visibility.

Khan did not attend a spring vote on the subject, citing a medical appointment.

However, he has since expressed support for such an occasion, saying members of minority groups deserve a day “that recognizes you and the importance you have.”

This month will mark the first time the event is formally celebrated by the Manitoba government, per the law that came into effect in June.

maggie.macintosh@freepress.mb.ca