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.
Andréanne Larouche Bloc Shefford, QC
Madam Speaker, as a matter of fact, I believe that the effect of this bill will be to promote these conversations with the community. I do not think conversations will be hindered because of it. This bill does not prevent anyone, no matter their age, from discussing and advocating for their rights. On the contrary, this is a step in the right direction. Obviously, it is just an initial step.
This bill focuses on children in particular. I think it is important and sends a clear message.
Ron Liepert Conservative Calgary Signal Hill, AB
Madam Speaker, my question to the member is this: Is she concerned about whether, if this legislation is passed in its current form, it will be challenged in the courts, as so many of these amendments to the Criminal Code tend to be?
Andréanne Larouche Bloc Shefford, QC
Madam Speaker, I thank my colleague for his question.
With regard to this legislation being challenged in the courts, I think that we need to start by passing the bill. Then we will see what happens.
I sincerely believe that we need to fight against the barbaric practice of conversion therapy, which should not still be happening in 2020. We can think about the types of court challenges that may arise, but I think that we first need to vote on this bill. That is what is important today.
Richard Lehoux Conservative Beauce, QC
Madam Speaker, I commend my colleague for her speech.
I would like to ask her a question about Bill C-6 and the prorogation of Parliament on August 18.
Does she think that we could have dealt with this issue more quickly had Parliament not been prorogued?
Personally, I think that we should also spend some time examining other bills.
Andréanne Larouche Bloc Shefford, QC
Madam Speaker, I thank the member for Beauce for his question.
I completely agree with him. The prorogation of Parliament had an impact on many bills and on all of the committees that had to stop their work. I am joining the Standing Committee on the Status of Women to resume the work that had to be stopped because of prorogation.
Criminal CodeGovernment Orders
October 27th, 2020 / 11 a.m.
See
context
Oakville North—Burlington Ontario
Liberal
Pam Damoff LiberalParliamentary Secretary to the Minister of Indigenous Services
Madam Speaker, I will be sharing my time with the member for Outremont.
I would like to start by acknowledging that I am speaking from the traditional territory of the Mississaugas of the Credit First Nation.
I am proud to speak today in favour of Bill C-6, an act to amend the Criminal Code in regard to conversion therapy. The bill would amend the Criminal Code to criminalize conversion therapy related conduct. The proposed amendments would protect minors from conversion therapy both within and outside of Canada, adults who are vulnerable to being forced to undergo conversion therapy and Canadians from the commercialization of conversion therapy.
Conversion therapy refers to alleged treatments that seek to change the sexual orientation of bisexual, gay and lesbian individuals to heterosexual, a person's gender identity to cisgender and to repress or reduce non-heterosexual attraction or non-conforming sexual behaviour. This outdated and much maligned practice comes in many forms including counselling, behaviour modification and talk therapy.
In our 2019 platform, the government made a commitment to protect the dignity and equality of LGBTQ2 Canadians by ending the dehumanizing practice of conversion therapy. The bill supports that promise and builds on other related measures, including those from the last Parliament when we strengthened protections for transgender people in the Criminal Code and the Canadian Human Rights Act, through the former Bill C-16.
I had the pleasure of joining the health committee in the last Parliament for the study on the health of LGBTQ2 Canadians. A number of witnesses spoke about the negative impact that so-called conversion therapy has. I always hesitate to use the word “therapy” because therapy to me implies something positive while there is nothing at all positive about this discriminatory practice.
While many witnesses spoke about this issue, I want quote Dr. Travis Salway, post-doctoral research fellow at the school of population and public health at the University of B.C. who testified at committee. He said:
Conversion therapy is an umbrella term for practices that intend to change an individual's sexual orientation and gender identity. It is among the most extreme forms of psychological abuse and violence, leaving those exposed to manage the stress associated with a severe form of withholding for many years. ...conversion therapy has been unequivocally denounced by the Canadian Psychological Association and multiple other professional bodies.
Despite those denouncements, in a recent Canadian survey, 4% of sexual minority men reported having attended conversion therapy. On this basis, as many as 20,000 sexual minority men and countless more sexual minority women and transgender people have been exposed. Exposure to conversion therapy was associated with numerous health problems in the study we conducted. Most notably, one-third of those who had completed conversion therapy programs attempted suicide.
Sexual minority youth are especially vulnerable to being enrolled in conversion programs against their will, yet in Canada we lack federal policies to protect our youth from these harmful practices. Many, if not most, conversion programs are practised outside health care providers' offices. Thus, the current situation in which some provinces ban conversion practices by a subset of providers is insufficient and inequitable....
Suicide attempts, suicide ideation, treatment for anxiety or depression and illicit drug use were all higher in those who had attended conversion therapy. The health consequences are quite large. That suggests to me that as an infringement, as an assault, putting someone into conversion therapy, especially youths who aren't able to choose for themselves, is quite a serious offence....
Dr. Salway's testimony was echoed by other witnesses, which led the health committee to recommend, “That the Government of Canada work with the provinces and territories to eliminate the practice of conversion therapy in Canada and consider making further modifications to the Criminal Code.” The bill we are debating today fulfills this recommendation, as well as the calls from advocates and the medical profession and our own commitment to end the abhorrent practice of conversion therapy.
Yesterday, the member for Esquimalt—Saanich—Sooke spoke eloquently and passionately about the bill. He quite accurately described a number of red herrings that are circulating to discredit the bill and create confusion in the public. The bill would in no way criminalize affirming support to those struggling with their sexual orientation or gender identity, given by friends, family members, teachers, social workers or religious leaders.
I have seen a flyer circulated by Campaign Life Coalition claiming that the bill would “deny spiritual guidance and pastoral care for people who identify as LGBT even if they ask for it”, and “that many Canadians have seen their lives turned around by turning to clinical therapy, prayer and spiritual counselling to overcome unwanted same sex attraction”.
There were more absurd and troubling claims made, but I am not going to justify them by repeating them here in the House of Commons. I am deeply disturbed by these claims, which are fundamentally based on the belief that sexual orientation and gender identity are a choice that an individual makes. They ignore the very real harms of conversion therapy: self-hatred, depression, suicidal ideation and suicide attempts.
These claims and the practice of conversion therapy as a whole also perpetuate harmful myths and stereotypes about LGBTQ2 people, in particular, that sexual orientation other than heterosexual and gender identities other than cisgender can and should be changed. This type of discriminatory messaging stigmatizes LGBTQ2 persons, undermines their dignity and goes against our shared goal of equality.
Given conversion therapy's proven harms and its impact on the most marginalized among us, this bill would define conversion therapy for Criminal Code purposes as “a practice, treatment or service designed to change a person’s sexual orientation to heterosexual or gender identity to cisgender, or to repress or reduce non-heterosexual attraction or sexual behaviour.”
Secondly, this legislation will criminalize causing minors to undergo conversion therapy, removing minors from Canada to undergo conversion therapy abroad, causing a person to undergo conversion therapy against their will, profiting or receiving a material benefit from the provision of conversion therapy and advertising an offer to provide conversion therapy.
Our government's approach will protect all minors from conversion therapy because we know that minors are disproportionately impacted by this harmful practice. The offences I listed above, taken together, fill a gap in the criminal law by specifically addressing conversion therapy conduct. They respond to the evidence and, together with existing offences that address aspects of conversion therapy such as assault and forcible confinement, create a comprehensive criminal law response to the harms that conversion therapy is known to cause.
The proposed offences in the bill would not include legitimate therapies, primarily because gender-affirming practices, treatments and services do not aim to change a patient's sexual orientation to heterosexual or gender identity to cisgender, nor are they aimed at repressing or reducing non-heterosexual attraction or sexual behaviour. For greater clarity, the legislation also states that these types of practices are not captured by the definition of conversion therapy.
I want to emphasize that this legislation does not seek to, nor would it, ban open-ended conversations between an individual and a parent, another family member, faith leader or anyone else about their sexuality. Despite the claims of the Leader of the Opposition and organizations like Campaign Life, this legislation would not ban talking, but it would criminalize a heinous practice that inflicts very real and documented harms to LGBTQ2 Canadians.
We want a country that respects the differences between us. In Canada, everyone must not only feel safe to be who they are, but actually be safe. Bill C-6 would assist in ensuring that everyone feels considered, accepted, respected, valued and safe. I urge all members of this House to support this important bill.
Denis Trudel Bloc Longueuil—Saint-Hubert, QC
Madam Speaker, I thank my colleague for her speech. I am glad she is on the right side of this issue and agrees that Canadian society in general and Quebec society in particular still have a ways to go.
I myself did not realize conversion therapy was even available in Canada. This bill does not seem progressive to me. It barely brings us into the 21st century. Knowing that we need a more tolerant and open society, what are we doing to ensure that society does a better job of accepting homosexual individuals in Quebec and Canada?
Pam Damoff Liberal Oakville North—Burlington, ON
Madam Speaker, that is a very important question because there are still misconceptions out there, much like I spoke about in my speech. There are flyers distributed in Canada that somehow imply that individuals who are LGBTQ2 have made a choice or that people who are struggling with their gender identity can make a choice about it. I am really troubled to hear those kinds of comments.
Quite frankly, we heard stories at the health committee, particularly about young people who grow up and struggle all their lives with depression, anxiety, suicide and suicidal ideation. Those are things we need to stamp out in our country and make sure that people are welcoming and tolerant of individuals who may be different from themselves.
Damien Kurek Conservative Battle River—Crowfoot, AB
Madam Speaker, I appreciate many of the interventions made by my colleagues from different parties. The member used the words “red herring” a number of times. I am concerned about the fact that it has been used to nullify some of the legitimate concerns the Leader of the Opposition and others have raised about some of the ambiguity that exists around the bill. Certainly, I have some fairly strong opinions about the fact that this bill simply had to be reintroduced because the Liberals decided to shut down Parliament.
In order to see broader support to address this issue, which I think all in the House agree on, would she be willing to explore ways to remove the ambiguity that exists in the way the legislation is written currently?
We could then do exactly what the Liberals and all members of the House want to accomplish, which is to see these coercive practices banned in this country.
Pam Damoff Liberal Oakville North—Burlington, ON
Madam Speaker, I did use the term “red herring” and it was one that was used yesterday in the speech by the member for Esquimalt—Saanich—Sooke, who has far more experience and knowledge on this issue than I do. He spoke very personally about this subject.
It is quite clear that there is absolutely nothing in the bill that would criminalize conversations. To imply that there is, I am sorry but we have to agree to disagree on this, that is the red herring. There is nothing that would criminalize conversations between people in the bill.
Heather McPherson NDP Edmonton Strathcona, AB
Madam Speaker, it is lovely to be in the House and listen to the reaffirmation of Bill C-6. Of course, I am in support of the bill.
I would like to read a quote, if I may, from Dr. Kristopher Wells from Alberta. He is the Canadian chair for public understanding of sexual and gender minority youth. He writes:
It's much more underground.... It might be happening after business hours. It might be happening in a basement, or unfortunately it's still happening in some faith communities and cultural communities, under the guise of praying away the gay. Or that homosexuality doesn't exist in that community, and anyone who shows same-sex tendencies or who's gender diverse needs to be fixed or cured in order to gain acceptance in their community.
When we hear things like this, the bill is clearly not enough to address the underground impacts of homophobia. Clearly, this bill cannot repair past damages. Clearly, this bill does not address hate and homophobia in our communities. Will the member and the Liberal government commit to funding support programs and capacity-building programs for the SOGI community?
Pam Damoff Liberal Oakville North—Burlington, ON
Madam Speaker, actually, this bill does address part of that. One of the things we heard at committee was that just having provinces ban the practice does not go far enough. That is why we needed a Criminal Code amendment to deal with things like what the member described, such as how these so-called therapies move underground. The bill addresses that issue.
Rachel Bendayan LiberalParliamentary Secretary to the Minister of Small Business
Madam Speaker, it is an honour to rise in debate on Bill C-6, which seeks to ban conversion therapy in this country. Let us make no mistake; the proposed legislation is revolutionary. It would make Canada’s laws on conversion therapy the most progressive and comprehensive in the world.
Conversion therapy is a degrading practice that targets LGBTQ2 Canadians to try to change their sexual orientation or gender identity, and can lead to life-long trauma. There is widespread consensus in the medical community that conversion therapy is extremely harmful.
A recent study in the United States found almost 30% of LGBTQ2 youth who had experienced conversion therapy had attempted suicide. Let us think about that for a moment. Let us think about our duty as legislators, our responsibility to prohibit practices that endanger the very lives of the people we aim to protect and serve.
As with other pieces of legislation, in favour of which I have spoken, Bill C-6, for me, is also about freedom: the freedom for everyone to be who they are, the freedom to express one's gender, the freedom to express one's sexual orientation, the freedom from being forced to change and the freedom from being enticed to change by others. It is the freedom to be ourselves and only we know who that is. This is the freedom we should want for all Canadians.
I hope the House will will stand firm and vote unanimously to support the bill, which will send a clear message to the LGBTQ2 community, to our young people and to the entire world.
I would like to take a moment to pay tribute to the many community organizations that have fought for the rights of transgender people and the entire LGBTQ2 community and continue to do so.
Back home in Mile-End, I have had the privilege of speaking with people from Fraîchement Jeudi, a community radio program that gives a voice to Montreal's LGBTQ2 community. I am also thinking of the Centre de solidarité lesbienne, located in my riding, which provides support to lesbians who have experienced domestic violence, sexual assault, grief, difficulty coming out or any other difficulties related to their well-being.
Montreal is home to many other organizations. Here are just a few: the Fondation Émergence, which combats homophobia and transphobia; RÉZO, which offers psychological support to LGBTQ2 men; and the Groupe de recherche et d'intervention sociale, or GRIS-Montréal, which works to raise awareness, especially in schools. We often think about Montreal's pride parade, which, under normal circumstances, draws millions of Montrealers. These organizations work day in and day out to ensure the inclusion of everyone in our society, no matter who they love.
Our laws and especially our Criminal Code are tools we can use to protect the most vulnerable and to prevent and remedy injustices. The bill before us is progressive and comprehensive. It bans so-called conversion therapy. It goes without saying that such therapy is not based on science. This harmful and unacceptable practice rooted in homophobia, biphobia and transphobia has no place in our society.
Bill C-6 would add five offences to the Criminal Code: causing a child to undergo conversion therapy; removing a child from Canada with the intention that the child undergo conversion therapy; causing a person to undergo conversion therapy against the person's will; advertising an offer to provide conversion therapy; and receiving a financial benefit from the provision of conversion therapy.
Before I move to the details of this important bill, I would also like to recognize the incredible advocacy of a member of my community in Outremont. Dr. Kimberley Manning is an associate professor of political science at Concordia University. She is also a fierce advocate for transgender rights and one of the directing minds behind the website GenderCreativeKids.ca, as well as a not-for-profit organization serving the parents of gender non-conforming children. We owe a debt of gratitude to her and to all parents who have advocated tirelessly for the rights of their children and for minors everywhere.
The bill before us proposes five new Criminal Code offences related to conversion therapy, including, first and foremost, causing a minor to undergo conversion therapy. It would also ban the removal of a minor from Canada to undergo conversion therapy abroad, make it an offence to cause a person to undergo conversion therapy against their will, make it illegal to profit from providing conversion therapy, as well as ban any advertising for conversion therapy and authorize courts to order the seizure of conversion therapy publicity or their removal from the Internet.
Conversion therapy can come in many different forms. It may last an hour, a week, months or years, and it is always incredibly damaging. Conversion therapy is designed to convince a person that they are living a lie and to renounce their homosexual or bisexual orientation, or gender identity, in the case of a trans or non-binary person.
I want to talk about the extent and impact of this practice. The statistics speak volumes. In February 2020, the Community-Based Research Centre, a Vancouver organization dedicated to LGBTQ+ men's health released interim findings of its Sex Now Survey. The findings of this survey of 7,200 people show the extent of this practice in 2020.
In Canada, nearly 20% of sexual minority men report having every experienced sexual orientation, gender identity or gender expression change efforts. Of them, nearly 40% have experienced conversion therapy in Canada. Younger men, and two-spirit, trans and non-binary respondents are more likely to be targeted by coercion.
These therapies have many repercussions. Undergoing conversion therapy is associated with various psychosocial outcomes such as depression, anxiety, social isolation and delay in coming out. These are serious impacts.
A person who has undergone conversion therapy, especially a young person, will have experienced trauma and will live with the consequences their entire life, at the expense of their mental health. That person will feel that they are not authentic, that they should be ashamed of their identity, that they must live a lie or even that they do not deserve to live.
Many adults who survived this injustice in their youth have described how they are still unable to establish a relationship of trust with their family, peers and colleagues. In some cases, they even find it difficult to pursue their studies or get a job. They often say that they even find it difficult to have a healthy intimate relationship or live their gender identity to the fullest.
Even worse, we know that these practices can lead our children, brothers, sisters, friends and colleagues in the LGBTQ+ community to have suicidal ideation and even act on it. How can we tolerate this in Canada in 2020?
The practice of conversion therapy, indeed, cannot be tolerated. On the one hand, it causes such psychological trauma as to lead individuals, statistically, to much higher rates of depression and suicide. On the other hand, the underlying rationale for conversion therapy runs antithetical to our values as a country: our values of freedom and liberty, the premise that every Canadian should be free to love whomever they choose and to express their individuality however they choose. This is yet one more step in our visceral drive as human beings to express ourselves and our most fundamental identity the way that we decide.
Michelle Rempel Conservative Calgary Nose Hill, AB
Madam Speaker, I agree with the member: Conversion therapy is an abuse of the most epic proportions, it is an abrogation of human rights and this bill should proceed.
I also think it is incumbent upon the government to move on a issue that it has had five years to move on, and that is ending the discriminatory blood ban. Can the member opposite please update the House on when she expects my gay friends to be able to donate blood?
Rachel Bendayan Liberal Outremont, QC
Madam Speaker, I am so pleased that Bill C-6 has the support of many Conservative members. I hope it will have the unanimous support of this House. It is incredibly important, as I have outlined in my speech, that we ban conversion therapy in this country. It is a barbaric practice that has no good in it.
With respect to my colleague's question regarding a blood ban, we have committed as a government to move forward on this and I look forward to working with her and other members in this House on a future bill.