An Act to amend the Criminal Code (conversion therapy)

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

Sponsor

David Lametti  Liberal

Status

In committee (Senate), as of June 28, 2021
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Criminal Code to, among other things, create the following offences:
(a) causing a person to undergo conversion therapy without the person’s consent;
(b) causing a child to undergo conversion therapy;
(c) doing anything for the purpose of removing a child from Canada with the intention that the child undergo conversion therapy outside Canada;
(d) promoting or advertising an offer to provide conversion therapy; and
(e) receiving a financial or other material benefit from the provision of conversion therapy.
It also amends the Criminal Code to authorize courts to order that advertisements for conversion therapy be disposed of or deleted.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 22, 2021 Passed 3rd reading and adoption of Bill C-6, An Act to amend the Criminal Code (conversion therapy)
Oct. 28, 2020 Passed 2nd reading of Bill C-6, An Act to amend the Criminal Code (conversion therapy)

Criminal CodeGovernment Orders

May 31st, 2021 / 4:05 p.m.


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Liberal

Tim Louis Liberal Kitchener—Conestoga, ON

Madam Speaker, there is a big difference between having conversations with people and forcing someone to undergo so-called therapy. I am hearing in this House over and over again that the idea of forcing a practice onto people, especially children, is something that everyone opposes. It seems like everyone is on the same side in that respect.

We want to make sure we are protecting our youth, protecting the vulnerable people in our community and not restricting support. I want to make that very clear. The bill is not prohibiting conversations between individuals and their parents, family members or spiritual leaders.

I have had many conversations, and that is one of the deeper conversations I have had with constituents. That was their concern. They wanted to make sure that the rights of their parenting were not infringed upon in their conversations and that conversations with spiritual leaders would not be infringed upon. I assured them that they would not be. This legislation, which was worked on, supports that. We are only banning a practice, not conversations.

Criminal CodeGovernment Orders

May 31st, 2021 / 4:05 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalMinister of Diversity and Inclusion and Youth

Madam Speaker, my question for the hon. member pertains to some of the work we have been doing. This is another step in the journey of ensuring that all Canadians are able to be their true authentic selves.

What are the other things the member is doing within his riding and the Region of Waterloo to ensure that we are having meaningful conversations so that we can build back consciously inclusive?

Criminal CodeGovernment Orders

May 31st, 2021 / 4:10 p.m.


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Liberal

Tim Louis Liberal Kitchener—Conestoga, ON

Madam Speaker, I thank the minister for her advocacy and leadership on this. I happen to be the member for the riding next to hers, and we work well together as a region. I mentioned that the Waterloo region is flying the pride flag at public and Catholic schools, and the minister is leading the way on that.

What is also integral are the virtual town halls. I have had 30 to 35 virtual town halls, where I invite people for conversations and have special guests. The minister was one of the people who came, and we had good discussions. I have spoken with members from OK2BME, KW Counselling and various other organizations. This week I will have another town hall to discuss LGBTQ rights.

We are having good conversations that Canadians need to have to make sure that everyone feels secure, accepted and protected. I will continue to work hard, and I know the minister will as well.

Criminal CodeGovernment Orders

May 31st, 2021 / 4:10 p.m.


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Independent

Derek Sloan Independent Hastings—Lennox and Addington, ON

Madam Speaker, I will quickly raise a point. Earlier today a Liberal member mentioned that conversion therapy could include prayer and religious rights. I do not fault her for saying that, because the Canadian Psychological Association has said the same, which the Liberals linked to, and Australia's recent conversion therapy ban specifically includes prayer-based practice.

If a pastor was to teach traditional sexuality on an ongoing basis and perhaps pray with people who voluntarily attended a class for it on an ongoing basis, would that be conversion therapy?

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May 31st, 2021 / 4:10 p.m.


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Liberal

Tim Louis Liberal Kitchener—Conestoga, ON

Madam Speaker, I will repeat that nothing in this law would ban those kinds of legitimate discussions about one's identity or finding one's identity. It would criminalize a practice that is harmful to Canadians and a practice that has no place in this country. I will continue to say that.

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May 31st, 2021 / 4:10 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, it is with great pleasure and humility that I agreed to rise today to speak to Bill C-6 at third reading in the House of Commons.

Bill C-6 seeks to discourage and denounce conversion therapy by criminalizing certain activities associated with it in order to protect the human dignity and equality of all—

Criminal CodeGovernment Orders

May 31st, 2021 / 4:10 p.m.


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The Assistant Deputy Speaker Carol Hughes

I apologize to the hon. member for interrupting, but there seems to be a problem with the interpretation. Could the member unplug his microphone and then plug it back in?

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May 31st, 2021 / 4:10 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Is it working now?

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May 31st, 2021 / 4:10 p.m.


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The Assistant Deputy Speaker Carol Hughes

It is working.

The member can start his speech over again.

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May 31st, 2021 / 4:10 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, it is with humility that I agreed to rise today to speak to Bill C-6 at third reading in the House of Commons.

This bill seeks to discourage and denounce conversion therapy by criminalizing certain activities associated with it in order to protect the human dignity and equality of Canadians. It seeks to amend the Criminal Code so as to forbid anyone from advertising an offer to provide conversion therapy; causing a person to undergo conversion therapy without the person's consent; causing a child to undergo conversion therapy; doing anything for the purpose of removing a child from Canada with the intention that the child undergo conversion therapy outside Canada; and receiving a financial or other material benefit from the provision of conversion therapy.

When we seek election to the House of Commons, we are full of good intentions to help our fellow citizens. We think our past experiences will help us deal with every subject that will arise. I have a confession to make: We are a bit naive to think that we have seen it all in politics just because we served at the municipal or provincial level or worked in all kinds of fields.

Since 2015, I have learned a lot about many issues that affect all aspects of our society. From medical assistance in dying to the government's reaction to a global pandemic that no one saw coming, we are always surprised by the variety of subjects on which we have to speak and on which we are not always as prepared as we would like.

I was born into a middle-class family in Sherbrooke. Growing up, I had all sorts of jobs, including reporter, computer salesman and mayor of Thetford Mines, to name a few, but none of those jobs ever really involved regular interaction with members of the LGBTQ2 community. It is only in recent years, when I really embraced my political career more fully, that I came to have more and more contact with representatives of that community.

That does not mean that I never knew anyone who was part of that community. I have some family members and friends who are openly gay or lesbian. However, I never really talked with them about their daily reality and their interactions with others.

Like many of us, in school, I unfortunately witnessed students laughing, taunting and bullying certain young people who were different. Everyone knows how cruel kids used to be in the past and how cruel they can be today.

What most surprised and angered me was when I found out right here in the House that there are therapies designed to force young people who are in the process of figuring out who they are to undergo so-called treatment to prevent them from becoming who they truly are.

I have read personal accounts of conversion therapy that touched me deeply. I immediately asked myself what I would do if it were one of my children. That is why I wanted to speak to this issue today. I have three wonderful children, and I want all the best for them. They are grown up now.

As I said at second reading of Bill C-6, I love them for who they are, not for who I might wish they were. I love them because they are whole, independent people who make their own choices. Of course, as a father, I might try to influence their choices. I can help them make good choices and help them get back up again when they make poor choices. For my wife and me, our most important job as parents is to be there for them no matter what.

When I found out about conversion therapy, I wondered if it would ever occur to me as a father to want to change who they are. The answer is never. As a father, nothing could make me want to change who they are. Never ever would it occur to me to pay for them to undergo therapy to change who they are. I can pay to help them deal with the vagaries of life, but I want them to deal with those challenges as they are, not as who I might want them to be.

I am clear on this and always have been: Life can lead us to make bad choices, but it cannot allow us to choose who we are. Sexual orientation and gender are not a matter of choice, in my opinion. I have read accounts from young people who have been put through conversion therapy. I can assure my colleagues without the slightest hesitation that, as a father, I would never subject my children to such treatment. Those are my values right now and what I inherently believe is the right thing to do, based on the knowledge I have today.

When I found out about conversion therapy, I wanted to know more. As I mentioned earlier, I honestly had never heard of it until the subject was brought up here in the House of Commons. I had to do my own research. Unfortunately, there is little to no research on conversion therapy in Quebec. Its consequences on Quebec and on members of Quebec's LGBTQ+ community are not well documented either, unfortunately.

I carefully reread some of the testimony on Bill C-6 at the Standing Committee on Justice and Human Rights. What I read was deeply disturbing. I will read some excerpts of the testimony from some witnesses, particularly Erika Muse, who says she is a survivor of transgender conversion therapy.

She testified that she underwent conversion therapy at the now-closed youth gender clinic at the Centre for Addiction and Mental Health in Toronto. She was a patient there for seven years, from age 16 to 23. The doctor who treated her denied her trans-affirming health care in the form of both hormones and surgery until she was 22. Erika said:

[He] instead put me through what he has termed “desistance treatment” for trans youth. He interrogated me in talk therapy for hours at a time, inquisitorially attacking, damaging and attempting to destroy my identity and my self-esteem, and to make me ashamed and hateful of myself.

This young woman criticized Canada for exporting this practice to other countries. Conversion therapy has gone by all sorts of other names, such as autogynephilia, rapid-onset gender dysphoria, watchful waiting and desistance therapy, but, as Erika said:

They all have one thing in common. They're all conversion therapies and practices for trans people. They're attempts to define being trans as wrong, bad and something to be stopped, and they are efforts to stop trans people from living our own lives.

Reading first-hand accounts like that certainly does make us want to change things. I believe that, in a society like ours, it is completely unacceptable to force people to undergo therapy to change who they are.

The government could have achieved more of a consensus in the House of Commons for this bill. Unfortunately, despite the amendments proposed by the Conservative Party and the efforts made to appeal to the government party, it seems that petty politics prevailed. The House could have reached a unanimous agreement.

The Conservative Party brought forward amendments that I thought made sense in order to achieve consensus on the scope of the bill, particularly by protecting private discussions with parents, health professionals and various pastoral counsellors. I will have the opportunity to come back to this later.

I want to begin by explaining why I personally believe that conversion therapy of any kind has no place in Canada or anywhere else in the world.

In 2012, the Ordre des psychologues du Québec issued a warning about conversion therapy. I want to share an excerpt from this report, which deals with the ethical, deontological and illegal considerations of these practices:

Research on these issues has shown that it would be unethical to offer homosexual people wishing to undergo psychotherapy a procedure designed to change their sexual orientation as a treatment option. Not only is this practice unproven, but it also runs the risk of creating false hope and could cause more suffering when the treatment inevitably fails.

Furthermore, offering conversion therapy, especially if the person did not explicitly request it, may reinforce the false belief that homosexuality is abnormal, worsen the distress or shame some feel about not conforming to expectations, and undermine self-esteem. Research shows that procedures designed to change sexual orientation may have a significant negative impact and cause greater distress than that for which the person originally sought psychotherapy....

The report is referring to depression, anxiety and suicidal ideation.

I will continue:

Therefore, it is more appropriate to provide psychotherapy for the purpose of treating depression or anxiety, relieving distress, supporting self-esteem, and helping the person deal with difficulties they may be experiencing, thus fostering self-actualization regardless of their sexual orientation.

That makes perfect sense, and it is a great lead-in for the bill to criminalize conversion therapy in Canada. I can also point to the position of the Quebec government, which has made clear its intention to ban conversion practices in the province. I believe that reflects the fact that the majority of Quebeckers want to put an end to these practices. The Quebec government's Bill 70 seeks to prohibit anyone from soliciting a person, whether free of charge or for payment, to engage in a process of converting their sexual orientation.

Once the law becomes law, offenders will face a fine of up to $50,000, or even $150,000 for a corporation. Quebec is ready to do this, and other jurisdictions in Canada have already done it, such as the City of Vancouver. I feel that is what we need to do, because we have reached that point.

It is estimated that at least 47,000 men and women in Canada have undergone conversion therapy. Unfortunately, we know little about the number of cases in Quebec because the phenomenon is not really tracked. We have a duty as parliamentarians to protect the most vulnerable members of our communities, including members of the LGBTQ community who have been victims of degrading, dehumanizing practices designed to change their sexual orientation against their will.

It is clear that a federal ban is what it will take to put an end to this kind of practice nationwide. Health professionals and health organizations around the world have expressed concerns about conversion therapy.

In 2012, the World Health Organization issued a press release stating that conversion therapy is “a serious threat to the health and well-being of affected people”.

The Canadian Psychological Association took a similar stance in 2015, stating that “[c]onversion or reparative therapy can result in negative outcomes such as distress, anxiety, depression, negative self-image, a feeling of personal failure, difficulty sustaining relationships, and sexual dysfunction”.

From a global perspective, conversion therapy is harmful and wrong. This practice should and has to be completely banned.

No Canadian, no matter their age or history, should be put in a position where their identity is challenged and questioned. Above all, no one should be threatened or otherwise forced to undergo this type of therapy against their will. We know, and I have previously stated, that this practice can humiliate these people and force them to feel ashamed of who they are. That is unacceptable.

Allow me to quote another witness who appeared at committee, Peter Gajdics, who wanted to make recommendations for Bill C-6. He told us about his experience seeing a licensed psychiatrist. He was a legal adult at the time, as he was 24 years old when his therapy began and 31 when it ended. This is what he had to say:

I had already come out as gay before I met this psychiatrist. After starting counselling with him, he told me that my history of childhood sexual abuse had created a false homosexual identity and so my therapy's goal would be to heal old trauma in order, as he said, to correct the error of my sexual orientation and revert to my innate heterosexuality.

His methods then included prolonged sessions of primal scream therapy, multiple psychiatric medications to suppress my homosexual desires, injections of ketamine hydrochloride followed by re-parenting sessions to heal my broken masculinity, and when none of his methods worked, aversion therapy.

At their highest dosages he was prescribing near-fatal levels of these medications and I overdosed.

It is unacceptable to hear this kind of testimony in a civilized country like Canada. Several other similar testimonies come to us from across the country, while many people have spoken out in public forums about the effects this practice has had on their lives.

One person said that they were scarred by the experiences they had during a conversion therapy retreat that lasted a single weekend, some years ago. The people who participated in this kind of therapy feel as if they will never be able to forget the experience, saying how difficult it is to deal with what happened during the therapy, rather than the reason why they participated in the first place.

They say that many of the activities they participated in were traumatizing. For example, some people were forced to walk a great distance while being verbally harassed by therapy organizers because of their lifestyle, to unleash their anger by violently hitting a punching bag with a baseball bat, or to recount instances of sexual abuse they lived through. It would seem the objective was to diminish their feelings and emotions.

All of those participants noted that, in some cases, the objective was to recondition them and fundamentally alter them. For others, conversion therapy involved being taught not to act on or follow their natural desires. There are plenty of examples like that, and this type of therapy and the activities associated with it also caused a lot of harm to participants, such as nightmares, depression and suicidal thoughts.

Clearly, we are all against forced conversion therapy. The government could have gotten even more members of the House on board had it taken into account the comments it received when the first bill to ban conversion therapy was introduced.

Originally, the Department of Justice website clearly indicated that private conversations between a parent and child were protected. The current bill is not as explicit, however, and the amendments proposed by my colleagues at the Standing Committee on Justice and Human Rights were rejected. These amendments would have made it possible to achieve a broader consensus and support, which would have made it even easier to pass Bill C-6.

We did not delay the bill, as the Liberals like to say. That is completely false. We wanted to have a constructive discussion to obtain the broadest possible consensus on Bill C-6. That is why we took the opportunity during the committee study to present amendments. Unfortunately, the Liberals decided not to support them and not to achieve that broader consensus.

In closing, I do not identify with an LGBTQ+ group myself, so I cannot claim to know what a person must feel like when they are ostracized, bullied and ridiculed because of who they are. However, as a father and a Quebecker, I can say that it is high time that this country put an end to conversion therapy because of the harm it has done under the guise of doing something good and, more importantly, to prevent it from doing any more harm in the future.

Criminal CodeGovernment Orders

May 31st, 2021 / 4:35 p.m.


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Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Madam Speaker, I want to begin by thanking my esteemed colleague for his incredibly heartfelt speech. My colleague from Mégantic—L'Érable spoke as a father and, quite honestly, I think he and I agree in many ways on the issue we are talking about.

He said that we are a bit naive to think we have seen it all in politics. I agree that in most professions, and in every aspect of life in general, no one has ever seen it all. It is important to say that.

In fact, one of the things that fascinates me is that members of a party that has the word “progressive” in its name, the Progressive Conservative Party, are praising conversion therapy.

My question is simple. I want to know what my hon. colleague says to his friends in his own progressive caucus when those same friends tell him that conversion therapy must be available, that it is a service that must be accessible to everyone.

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May 31st, 2021 / 4:35 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, I would like to correct my colleague by telling him it is the Conservative Party of Canada. I am a proud representative of the Conservative Party of Canada.

I have never heard any of my colleagues say that they were in favour of forced conversion therapy. I have never heard any of my colleagues say that it was okay to force people to undergo conversion therapy, to take pills and use barbaric methods for therapy purposes. I have never heard that from any of my colleagues.

My colleague should not put words in the mouth of my colleagues from the Conservative Party. What we want is to protect the conversations between specialists, between parents. Conversations have to happen.

Should we be forcing people to change who they are through barbaric methods, as we have heard in the various examples cited by the committee and as we have read in the newspapers? No, absolutely not.

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May 31st, 2021 / 4:35 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, I totally agree with much of the speech from the member for Mégantic—L'Érable.

However, it seems that the Conservatives here are trying to say that they are against this practice but they are falling back on a concern about whether conversations about conversion therapy would fall under the aspects of this bill. The member said that the Conservatives' amendments did not pass in committee, but an NDP amendment in committee did pass that gave that greater certainty.

The amendment specified that all good-faith attempts to affirm a person's decision about their sexual orientation, their gender identity or their gender expression would be exempt from this bill, so what more do they want? This amendment gets rid of all the concerns about conversations between family members and friends and, yet, the Conservatives just seem to want to double down on this concern and say “yes, but”. I just wonder if the member could comment on that.

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May 31st, 2021 / 4:35 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, I thank my colleague for his comments.

It is simple. The government had the opportunity to do things properly. It had the opportunity to again obtain a greater consensus, not just in Parliament but among Canadians. I remind members that each of the 338 parliamentarians in the 43rd Parliament represents people from every riding, people from different social spheres, people at different places in terms of their faith, knowledge and awareness of LGBTQ communities.

As I mentioned, before I became an MP, I had little or no contact with LGBTQ communities and no knowledge of conversion therapy. However, when I read the bill's preamble on the justice department's website, which clearly explained what it was, what it was not and who was exempt from being criminalized, I was satisfied. Most of the people we represent across the country are also satisfied.

The government stubbornly insisted on not accepting a Conservative amendment because it was playing petty politics and wanted to make the Conservative Party look bad, when—

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May 31st, 2021 / 4:40 p.m.


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The Assistant Deputy Speaker Carol Hughes

Order. I am trying to give as much time as possible, but there are other questions.

The hon. member for Kingston and the Islands.