More of the transcript :
Question: Simon Kiss, professor of political science here at Laurier and I have two questions. One to Morgane, although you touched on a little bit but maybe if you wanted to expand on it be okay. In the spirit of curiosity maybe you could share with us like what it is like to be a pre-transition … pre-transition male and what the feelings are like and what drives a person to transition in that way. I'm not sure all of us know and I'm a bit mystified. So it would be productive if you could share with us.
And then my second question is to both of you and it's a question about the charter of rights and freedoms. So there is a big debate about whether the charter, uh, is actually the best way to protect or a judicially enforcable bill of rights is actually the best way to protect individual rights liberties in Canada. And the case is not entirely clear.
I actually was reasonably happy to see glimmers of compromise or uh a common ground there in your conversation. And I wonder if in your observation of how this policy is being played out and it's going to be litigated in the charter and it's going to be inflected by rights talk and I wonder if we might be better off if this policy was being brokered by elected politicians who are in the business of talking to people and finding compromise and making tradeoffs rather than judges.
Mia Hughes: I don't think the courts are the best place for this and I don't think we need I fear that we're heading for individual cases just being fought battled here and there. However, politicians are the ones who got us in this mess in the first place. So the very idea that they would get us out of it I'm going to push back on that.
The Canadian tradition on things like abortion, gay marriage has been to just kick it to the courts. And I think a critic would say that legislators have been more than happy to let the courts take charge because they're, they don't have the courage to do it. Um, and which I'm saying that I'm not saying I prefer one outcome or the other, but let's assume a world where politicians have the courage to grapple. I think that's the sphere of the question.
Would that be a better world? Yeah, I think it would. I think it, it's hard to once it's once this concept is written into law, it's very hard to to change it. But I think if politicians can face up to the fact that they supported something they didn't understand, they wrote something into law that was incoherent and completely conflicting with the rights of half of the population. I think, yeah, if they had
the courage to face that and put it right I don't think it's an impossible situation I think it could be put right but everyone has to start from reality not with the incoherency.
Morgane Oger: speaking of reality versus perception I think it's important to talk about the reality about how human rights law gets put in. Having quite a bit of specific knowledge about how bills, how gender identity or expression was protected, it took 20 years. The first time it was considered, I believe, was in 1905 and then again in 19 a little bit later on like in 19 uh 10 and then again in 19, in 2015 sorry 2010 and 2015. Three elections, you know, three parties promised on this to try to get elected. One party won an election on this
amongst others. Gender identity or expression was before parliament for well over a decade in the books being debated.
This is not exactly, it's not exactly truthful to pretend that Canadians woke up one day and then there were trans people around here and the protection from discrimination. It's a little in this dis disingenuous.
It might have been a surprise to you. You might not have been here when this was happening. I don't know. But trans people have been fighting for equality in British Columbia and in Canada since the 1970s. Slowly turning the crank.
And we very very very slowly after reams and reams and reams of paper were wetted with ink. finally got uh our our you know equal, equal protection from explicitly protect prohibited discrimination which is a tiny tiny protection. It's protection in the workplace, protection in services, protection in statistics and consideration in hate crimes law. Okay.
So, so your answer is that in fact legislators have had their say. They had an enormous amount of say and like a mature democracy does, the legislators negotiated a law over a decade to a point that's super simple. The same rights as religion, the same rights has all kinds of other explicitly prohibited grounds of discrimination.
I'm not done. We put it to the courts just like we put all the other rights.
Moderator: And this is strictly not to put my finger on the scale. I just got other people and you have a second question to answer.
Morgane Oger: I do. What's it like?
Moderator: And then Mia has the right of herself this whole thing. And I I it's weird to sum up your whole life story in like 60 seconds. But I'm going to ask you to do that.
Morgane Oger: Like uh for for 30 years I I thought that maybe I could somehow managed to not be stuck as a guy, stuck the way I
was living, but I couldn't imagine how it was possible. All of the examples before me were examples that were very very clear cautionary tales about what happens to you if you try this. And then in the end over time, especially through my 30s, the the this conflict in my heart kept getting worse and worse and worse. And then I had children and I thought, okay, that'll sort me out. to just have children and and be the good caregiving daddy to my kids and everything was fine. And then one day I snapped.
I think basically is what I would say. I snapped. And I snapped when my daughter was telling me about how people were being mean to her about something or other in elementary school. And I caught myself telling her, you know, as long as you're true to who you are, you're going to be fine. And then I like the thing that the thought that overwhelmed me was not like I'm being right that I am not being true to myself like that's who I am.
And then that's created that was like the, the, cut for me. Uh was it a, a, break? Was it a mental health crisis? I wouldn't say so at all. The vast majority of trans people aren't in a mental health crisis. The vast majority of people just figure out who they are. Figure out I'm not like this guy over there. I'm like more like this guy over here. (Points to Mia Hughes)
Moderator: Okay. Thank you. Thank you for that. Uh, and I appreciate that was concise and also very evocative. I appreciate that. Uh, Mia, right of rebuttal, not to the second part, but the first part.
Mia Hughes: Yeah, just a quick. So, when I'm talking, I understand that the that that the trans identified community had been fighting for their rights for for decades leading up to the gender identity movement. But that the concept of gender identity is very new. And like Denovo said in her memoir, no one knew what they were supporting. Nobody looked at nobody looked closely.
And we even know that from uh another person present in the early days, Robert Wintermute, who professor of human rights law at King's College, London. He was a signatory of the Yogyakarta principles in 2006, which is the blueprint for modern transactivism. It's enshrine gender identity or it was how nations could enshrine gender identity into law. And he was in Yogyakarta in Indonesia in that meeting and he said I think in 2021 he said nobody was thinking about women.
There were trans activists in the room and they said this is what we need. We need protection on gender identity and everybody in the room said okay this is what you need. We'll give it to you. They didn't think about women. They didn't think about the LGB. They just did what the activists asked.
And I think it was partly because it came right on the back of gay rights and it looked a lot like gay rights and it just looked like another vulnerable oppressed minority seeking equality. So yes, it's true that there was a movement before, but the gender identity movement came along very very fast, got put into law without anyone understanding it.
Morgane Oger: I would like to clarify.
Moderator: No, no, sorry.
Morgane Oger: clarify something to clarify.
Moderator: Roll it into the next.
Morgane Oger: I remember being in …
Moderator: Morgan. No, no, no. Morgan, I'm going to have to move on to the next question because look at them. They're all standing up. You're sitting down. Next question….