Manitoba Tories say bill to protect gender expression could infringe on free speech

Manitoba PC MLA Obby Khan speaks at a Ministerial Bear Pit Session during the Progressive Conservative Party's annual general meeting at the convention centre in Winnipeg on Saturday, April 15, 2023. THE CANADIAN PRESS/John Woods

WINNIPEG — 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 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."

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

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."

This report by The Canadian Press was first published May 6, 2025.

Steve Lambert, The Canadian Press