1 It adds the words gender identity or expression to the Canadian Human Rights Code . The CHRC already includes race , national or ethnic origin , colour , religion , age , sex , sexual orientation , marital status , family status , disability , or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered , in this list . 2 It will add the words gender identity and expression to section 3184 of the Code , which defines an identifiable group for the purposes of advocating genocide and the public incitement hatred It joins colour , race , religion , national or ethnic origin , age , sex , sexual orientation or mental or physical disability . 3 Bill C 16 adds gender identity and expression to section 718 . 2 ai of the Criminal Code dealing with sentencing for hate crimes . The provision provides that evidence that an offence is motivated by bias , prejudice or hate can be taken into account by courts in sentencing . The list already includes race , national or ethnic origin , language , colour , religion , sex , age , mental or physical disability , sexual orientation or any other similar factor . Let is also be noted that this change is only new on the Federal level . Starting with NWT in 2002 , every single Canadian province and territory has either explicitly or implicitly included gender identity within their Human Rights Codes .