This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.
David Lametti Liberal
In committee (Senate), as of June 28, 2021
(This bill did not become law.)
This is from the published bill. The Library of Parliament often publishes better independent summaries.
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.
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.
Kevin Lamoureux Liberal Winnipeg North, MB
Madam Speaker, I took the time to specifically read what the bill does. It is important because it is a significant step in terms of criminalizing conversion therapy. It is something I believe the vast majority of Canadians would support, because it is long overdue.
The member made reference to medical procedures. I am not quite as comfortable talking about that, because I do not know the details offhand.
Ted Falk Conservative Provencher, MB
Madam Speaker, I want to thank the member for Winnipeg North for his speech. I enjoyed listening to it. We come from the same province, and I am familiar with some of the stories he told.
My question is regarding youth and children's volunteers. Many community organizations in my constituency have volunteers who give of their time to work with young people and adolescents. We know that many adolescents struggle with their sexual identity and have sexual dysphoria. They often go to leaders in their groups, whether coaches or youth leaders in a church or a community organization, to share their struggles. I have heard back from many constituents. Just last week I heard from people who work as leaders with middle school folks in an organization.
What are they supposed to do when someone comes to talk to them, looking for some clarification as to their sexual identity? Some believe, the way they read this legislation, that they could possibly be criminalized for that. I would like the hon. member to provide some clarity.
Kevin Lamoureux Liberal Winnipeg North, MB
Madam Speaker, I suspect that once the bill goes to committee, through the presentations that will be made and the question-and-answer sessions, we will have a lot more clarity on the issue.
There are also Government of Canada websites, as well as the minister's opening comments in the introduction to the bill, that address many of the concerns the member raised. That is why I look forward to the bill ultimately going to committee and then coming back to the House.
I am hopeful that members on all sides of the House appreciate the value in seeing this legislation pass. I would like to see it pass through the House of Commons before the end of the year.
Monique Pauzé Bloc Repentigny, QC
Madam Speaker, I will be sharing my time with the member for Shefford.
When the government said it was going to crack down on conversion therapy, the Bloc Québécois was very pleased, especially since the government had previously said it could do nothing following an April 2019 petition to ban the practice.
The Bloc Québécois views conversion therapy not as a medical procedure but as a barbaric practice designed to negate an individual's identity. Conversion therapy is pseudo-science. It is dangerous and degrading for those subjected to it, and it is totally ineffective to boot. People who provide sexual reorientation therapy are not health professionals. No self-respecting professional could provide this so-called service without realizing that it is essentially an affront to their profession.
This is 2020. It is about time we acknowledged that attraction to individuals of the same sex is a normal variation of human behaviour. It is therefore our duty to protect the victims of conversion therapy proponents, who tend to have very conservative religious views. We know the groups that promote conversion therapy are small and marginal, but we want to reaffirm that respecting beliefs goes hand in hand with respecting differences and ensuring the equality of all. Members of the LGBTQ2 community must get the respect they deserve as soon as possible.
Historically, Quebec has been a leader in human rights. The Quebec Charter of Human Rights and Freedoms has recognized sexual orientation as a prohibited ground of discrimination since 1977. It should also be noted that the gay and lesbian community has made significant gains since 1999. For example, in June 1999, the Government of Quebec passed Bill 32 to amend various legislative provisions concerning same sex couples. Other bills followed. Bill C-23 passed on January 1, 2001, and Bill 84 passed in June 2002. The federal government passed Bill C-38 on June 28, 2005. Even public and parapublic sectors negotiated protections for the LGBTQ2 community into their collective agreements.
Just because certain rights were recognized, including the recognition of same sex spouses, it does not mean that every barrier of discrimination against homosexuality will come down over night. These were important gains, but members of that community might agree that despite these societal advances, there is still a lot of work to do to eliminate the discrimination they endure. For gay youth and adults, the path to equality is strewn with many obstacles including ignorance and prejudice, labelling and discrimination, harassment and aggression.
Not so long ago, epidemiologist Travis Salway found that suicide is the leading cause of death among gay and bisexual men in Canada and he tried to understand why. He believes this is related to what is known as minority stress, which often leads to persistent negative thoughts and a feeling of despair. What is more, Mr. Salway has officially spoken out against sexual reorientation therapy.
In Canada, 47,000 sexual minority men have undergone conversion therapy. We do not have the figures for women, but that is a significant number of men. In Quebec, Gabriel Nadeau, a former member of a Pentecostal Protestant community who went through conversion therapy not once, not twice, but three times, has been speaking out on behalf of people who are being asked to be heterosexual despite being strongly attracted to someone of the other sex. His testimony is chilling:
In my community, it was believed that homosexuality was an evil spirit...I knew that exorcisms were performed.
That sounds like a movie.
Mr. Nadeau now accepts himself for who he is. He says that he would never return to his religious prison. I commend him for his strength and resilience, and I wish him all the best.
Not all stories end well, however. Conversion therapy can leave deep scars, as explained by the Canadian Psychological Association. It notes that such practices can result in negative outcomes such as distress, anxiety, depression, negative self-image, social isolation, a feeling of personal failure, difficulty sustaining relationships and sexual dysfunction.
The members of the Bloc Québécois are unanimously opposed to conversion therapy, because we believe that equality between Quebeckers is a fundamental value and an inalienable right in Quebec. Practices that deny the existence of a person's core identity must be condemned. We are pleased to see what is happening here, in the House of Commons.
In Quebec, respect for gender identity and sexual orientation is a value, and conversion therapy violates that value. That is why we will be supporting Bill C-6, which amends the Criminal Code to criminalize the following: causing a person to undergo conversion therapy against the person's will; 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; advertising an offer to provide conversion therapy; and receiving a financial or other material benefit from the provision of conversion therapy.
The Bloc Québécois has always been deeply committed to protecting and promoting the rights and freedoms of citizens. We have always been quick to combat discrimination based on sexual orientation. In fact, Quebec is following suit, as it is also looking at legislation. The Bloc Québécois is certainly very pleased that both parliaments are recognizing that, in a democracy, there is good reason to affirm collective values and regulate religious practices that go contrary to those values under the law.
I will end on a somewhat more personal note. I have always believed that what parents want first and foremost is for their children to be happy and for there to be no obstacles to this happiness. When my son told me he was gay, I felt sad. I was not sad because he was homosexual, but because I knew that he would face discrimination and have to endure insults. Like many others, he has been the victim of homophobia.
By passing Bill C-6, I believe that we will help create a society where the LGBTQ2 community will be better protected. I also believe that it is our duty to work with this community to help them to overcome the prejudices they experience.
Derek Sloan Conservative Hastings—Lennox and Addington, ON
Madam Speaker, I am concerned that an aspect of this issue is not being discussed. The LGBT community has many different members in it and they do not all have the same opinion.
I want to read a brief excerpt from an email I received from a constituent, a person in the LGBT community. She says, “Dear [member of Parliament for Hastings—Lennox and Addington]. As a lesbian, I'm asking you to investigate the use of “gender identity” in Bill C-6. Approximately 75% of trans-identifying youth will grow up to be gay or lesbian if not affirmed and medically transitioned. This bill, as written, ensures that these gay and lesbian youth will be medically transitioned into straight adults.”
Could the member please address the concern of this woman, that people who would otherwise grow up to be gay or lesbian would be affirmed into transitioning, using irreversible medical and pharmaceutical means? This is a real concern from people in the LGBT community. Is the member not concerned that this is a legitimate concern of these people?
Monique Pauzé Bloc Repentigny, QC
Madam Speaker, I am not sure that I understood my colleague's comments.
I think that the intent of Bill C-6, just like the intent of the bill studied by Quebec, is to protect people's rights. It is about respecting their sexual identity, whatever that may be. It is part of who we are. If that is the tenor of her comments, I would say that we do have to work with community members to help them make progress and achieve true equality for all Canadians.
Rachel Bendayan LiberalParliamentary Secretary to the Minister of Small Business
Madam Speaker, I thank my colleague for her speech.
I, too, was pleased to see the Government of Quebec follow suit with Bill 70. I think that is the perfect example of how the two levels of government can work together toward a common goal. Does the member agree that the federal government has a role to play with regard to the Criminal Code and Bill C-6?
Monique Pauzé Bloc Repentigny, QC
Madam Speaker, we recognize that the Criminal Code falls under federal jurisdiction, while the Civil Code falls under Quebec's jurisdiction.
It is under the Civil Code that Quebec's bill was introduced, to protect individuals from any possible contract, whether they are an adult or a minor. Quebec is going that far. The Quebec bill targets charlatans as well as those who seek their services for a family member, whether it is a child or someone else. I therefore think that the two bills will work well together.
Cathay Wagantall Conservative Yorkton—Melville, SK
Madam Speaker, my question for my colleague is with respect to a young woman. She was a minor when she transitioned and experienced hormones after only four sessions of therapy. She noted that when she decided to de-transition, no one in the medical or psychological fields ever tried to dissuade her from her gender transition.
Is the member in favour of amendments that would ensure this type of situation would not happen, where medical and psychological professionals are apprehensive about providing a broad scope of options and recommendations to these young people? Ken Zucker, a Canadian world-renowned gender expert, was fired from CAMH for watchful waiting approaches with young gender dysphoric youth. We have a situation here where he possibly would have also been prosecuted. This would limit these young people's perspectives and opportunities in choosing to transition and then de-transition. Therefore, would she support—
The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes
The hon. member for Repentigny, for a very brief answer.
Monique Pauzé Bloc Repentigny, QC
Madam Speaker, I thank my colleague for her question.
As I said earlier in my speech, not a single health care professional worthy of the name would try to convince someone or try to call this science.
I will come back to what my son said when I asked him what he thought of all this. He said it was ultra-religious, ultra-conservative groups that want this. He believes that people who are accepted by their parents—hence the importance of upbringing—and accepted by the people in their community do not need therapy. People just need to accept themselves and love themselves.
Andréanne Larouche Bloc Shefford, QC
Madam Speaker, I am very proud to rise today to speak to Bill C-6, which amends the Criminal Code with regard to conversion therapy. I already had the opportunity to speak to this subject some time ago in response to the Minister of Diversity and Inclusion and Youth, and that, too, was an honour for me.
My speech today will focus on three things. First, I will talk about the importance of this bill for the LGBTQ+ community. Second, I will show how Quebec is once again at the forefront on this issue. Third, I will conclude with what I hope to see in the post-pandemic era for the LGBTQ+ community, which has been hard hit by COVID-19.
We are debating this bill today because the government has finally decided to not only ban but also criminalize the practice of conversion therapy. According to several witnesses, some of these practices are more like torture than genuine therapy. Conversion therapy has also been described as being like witchcraft or something out of a bad dream. It is hard to believe this is still happening today, in 2020.
I think that we can all agree that this practice, which is promoted and supported primarily by religious groups, is based on the idea that homosexuality is unnatural and wrong, that it is one of the most serious sins and that it could lead a person straight to hell.
Unfortunately, homophobia still exists in 2020. Expressions of it can be seen practically every day. It is frankly unacceptable that religious groups continue to stigmatize homosexuality. People in this community should not have to live in fear any longer. Human beings should not be subjected to goodness knows what kind of therapeutic process to become someone they simply are not.
Many of us know people in our circles who have admitted how hard it still is to come out of the closet and affirm their identity. This bill does not solve all the problems of the LGBTQ+ community, but it is clearly an important step in advancing the debate.
Let's get back to the issue before us today, namely conversion therapy. The media has already shared the story of a boy from Quebec who underwent one of these so-called conversion therapies, and my colleague has referenced this case, too. Anyone who takes the time to really pay attention to his story cannot help but feel empathy for him. No one could condone inflicting such anguish on someone, or imagine that a child could feel such deep self-hatred.
As the aunt of a niece and nephew who I want to see grow up happy, I find it hard to believe that this boy's family did not have good intentions. However, his religion and his intense desire to not disappoint his loved ones or his God pushed him to use his own money to pay for so-called reparative therapy that would make him “normal”. He even went so far as to describe conversion therapy as social support for self-rejection. I have mentioned that powerful, sad turn of phrase before.
What is even sadder is that this story echoes that of many children and adolescents who just want to be loved and fit in. I appreciate this government bill for trying to prevent this type of situation from happening again.
The government can obviously count on my support and that of all my colleagues, including our leader. At a press conference I attended with him, he said that members of the LGBTQ+ community must get the full respect they deserve as soon as possible, just like anyone else.
Many countries have led the way in criminalizing conversion therapy. Quebec recently started the process too, when our Minister of Justice, Simon Jolin-Barrette, introduced Bill 70 in the National Assembly. Bill 70 is called “An Act to protect persons from conversion therapy provided to change their sexual orientation, gender identity or gender expression”.
I also want to mention that in 2018, Theresa May, the then prime minister of Great Britain, described conversion therapy intended to change an individual's sexual orientation as an “abhorrent practice”.
The awful thing is that the vast majority of gay individuals ended up estranged from their families. They went off to live their lives and tried to deny who they were. Some even went through conversion therapy against their will before finally deciding to be who they really are.
It is very hard to put ourselves in their shoes and imagine what it is like to go through conversion therapy. Eventually, people realize that they need to stop bowing to all the pressure and acknowledge that it is not working. Conversion therapy does not transform people. Instead, people realize that it does not reflect who they really are.
Many have spent decades trying to fight against themselves with therapy, fighting their true nature, and asking themselves a lot of questions, asking themselves why. Some even wonder why they were born in their body, why they feel as they do, why they have a given gender. They wonder who they really are. They end up hating or despising themselves. We do not want anyone to get to that point.
People who have gone through this kind of therapy are survivors. Now we can use Bill C-6, the conversion therapy bill, to send them a clear social and political message and take those first steps. My hope for every member of the LGBTQ+ community is not just to survive, but to be able to live in a way that is true to who they are, how they feel and who they love.
It seems that members of this community experience greater negative psychological impacts as a result of the pandemic than the rest of the population. Robert-Paul Juster, IUSMM researcher and professor of psychiatry at the University of Montreal explained:
There is a consensus that the LGBT community is at a greater risk of experiencing problems in the context of the COVID crisis simply because they do not have access to the same resources as heterosexual or cisgender people...Yes, there is a greater vulnerability due to their minority status, but there is also a greater potential for resilience.
Resilience is what I wish for them.
I would like to add one last thing. Pope Francis's statement in favour of the civil union of same-sex couples is perceived as a great demonstration of openness by experts and groups that advocate for LGBTQ+ rights. The head of the Catholic Church defended the right of gay couples, the “children of God”, to live in a civil union that protects them legally, as we can hear in the documentary Francesco, which is about the Pope and was shown last Wednesday for the first time at the Rome Film Fest. He stated that homosexual people “have a right to a family. What we need is to legislate civil unions, as they have a right to be legally covered. I defended this.” The Conseil québécois LGBTQ considers this to be a significant step for the church, which needs to adapt to our societies.
As the Bloc's critic for seniors, I want to point out that LGBTQ+ seniors, who faced prejudice and were confined during the pandemic without any resources, experienced a form of sexual mistreatment. We need to be there for them as we move forward, and this bill is an important step. We are sending a message so that the community can assert itself. Psychologists do not recognize that conversion therapy works. We must take action to prevent more suicides and to protect their rights.
Criminal CodeGovernment Orders
October 27th, 2020 / 10:55 a.m.
See
context
Spadina—Fort York Ontario
Liberal
Adam Vaughan LiberalParliamentary Secretary to the Minister of Families
Madam Speaker, I listened with great interest to the Bloc's dissertations and presentations on this issue. It seems they understand there are systemic challenges for gay, lesbian, bisexual, trans and two-spirit communities. There are systems at play that disqualify their full and equal participation in society. If they can see that for the LGBTQ2S community, and they can see that for women, why can they not see it for other marginal communities in this country, including those who are racially marginalized?
Andréanne Larouche Bloc Shefford, QC
Madam Speaker, I thank my colleague for his question.
I think there will be other communities we can look at, but today we are debating Bill C-6, which focuses specifically on conversion therapy, to help the LGBTQ+ community. That is what is important today. The message is for that community. There will be other bills. There will be other communities we can look at, but today I would really like to remain focused on Bill C-6.
Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON
Madam Speaker, it is true that all Canadians deserve respect and protection, and members of the LGBTQ2 community, of course, deserve this protection. Conversion therapy is reprehensible, and it should be outlawed.
Earlier this year, the justice department put some language on its website that adds greater clarity. I believe there is an opportunity here to clarify this and allow more members of the broader community to support members of the LGBTQ2 community. They would know that they can have conversations and not feel separated from their families. Instead, they would know that everyone in a family or faith community can have conversations, so people would feel supported, not in spite of who they, are or to change who they are, but for who they are.
I am wondering what the member thinks about an amendment to add the language the justice department previously put on its website.