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. 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.

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

October 27th, 2020 / 11:55 a.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, that is a very good question, and one that committees should look at. I would be very interested in hearing from experts on that issue, which is why, to my colleague's point, debate is important. It makes sure the bill is fully set out. We are on second reading, which means that a vote in favour of this bill would take it to committee for that type of question.

This bill would greatly help the trans community. As I said in my speech, it would remove barriers to equality and to their dignity. I really think it is a good thing.

I just wanted to say for the member, because my friends from Calgary were texting me, that he is invited to Matt's house for dinner. The member has a bit of a fan club there hoping he will accept the invitation.

Criminal CodeGovernment Orders

October 27th, 2020 / noon
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I agree with my colleague from Berthier—Maskinongé that that was a very inspiring speech. It was a fantastic speech, and I commend my colleague for it.

We are debating and legislating on the issue of conversion therapy today because there is pressure, mainly from small religious groups that keep their followers somewhat in the dark, at a time when the young people we are talking about need the support of their families and loved ones to get through this period of questioning and self-acceptance.

Does my colleague agree that we should put more focus on education to help these groups evolve in their way of thinking, join the 21st century and, perhaps, be more welcoming and accepting?

I would like to hear what my colleague thinks about that.

Criminal CodeGovernment Orders

October 27th, 2020 / noon
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, I laid out in my speech why I do not think this bill impinges on religious freedom or the right to individual conversations.

I would just say this: We do have religious freedom in Canada. Just because I do not like what somebody believes does not mean that I have the ability as a legislator to legislate that thought away. It is my responsibility as a human being to change hearts and minds in my actions and how I live. I personally believe that God is love and there is no force in the universe that would tell somebody they are imperfect because of whom they love. That is my deep and personal conviction and belief, and I would not associate with an organization that believed otherwise.

I fundamentally think this is about choice. As I said in my speech, each of our individual actions and responsibilities are to live what we believe, live for good, treat others with dignity and compassion, work to remove the barriers they face to equality of opportunity, and—

Criminal CodeGovernment Orders

October 27th, 2020 / noon
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Resuming debate, the hon. Parliamentary Secretary to the Minister of Economic Development and Official Languages.

Criminal CodeGovernment Orders

October 27th, 2020 / noon
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London West Ontario

Liberal

Kate Young LiberalParliamentary Secretary to the Minister of Economic Development and Official Languages (FedDev Ontario)

Madam Speaker, I am proud to rise to speak in favour of Bill C-6. This bill represents an important step forward toward building a more supportive and inclusive Canada for all, specifically for the LGBTQ2 community.

Debate on this legislation has been very respectful and quite different from what we would have heard only a few years ago. I am heartened to hear most MPs stand up and say uncategorically that conversion therapy on minors is abhorrent and must be stopped.

We have heard stories about how damaging conversion therapy can be on young people who are struggling with their sexuality. However, it is important to remember that it is not just the person undergoing conversion therapy who is impacted by this form of torture, which I truly believe is torture. Family members and friends are impacted as well.

Many truly believe that if this therapy is available and advertised, it must be acceptable, but it is anything but. I realize this legislation falls short of a total ban on conversion therapy, but it is a start. The measures contained in this bill are the most progressive and comprehensive legislative response to conversion therapy in the world.

Some members of the official opposition are worried that the bill lacks clarity. They claim the passage of this bill risks criminalizing conversations between young Canadians discovering who they are and the individuals they may seek out for advice, such as parents, teachers, faith leaders and coaches. However, the language is quite clear. Nothing in this bill criminalizes these types of conversations. What this criminalizes is exactly what the Leader of the Opposition claims he supports: criminalizing forcing a young person to undergo conversion therapy against their will or removing them from the country to do so. We are criminalizing a discredited and deeply traumatic practice. We are also ensuring that individuals profiting off of conversion therapy or the advertisements to provide it can no longer do so.

Under this legislation, the following definition of conversion therapy is provided:

conversion therapy means 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. For greater certainty, this definition does not include a practice, treatment or service that relates

(a) to a person’s gender transition; or

(b) to a person’s exploration of their identity or to its development.

In other words, these amendments would not criminalize those who provide affirming support to persons struggling with their sexual orientation or gender identity, such as friends, family members, teachers, social workers, religious leaders and so on; nor would the amendment criminalize private conversations between consenting adults.

I have another definition for my colleagues. “Therapy”, according to Merriam-Webster, is the “medical treatment of impairment, injury, disease or disorder”. It means to fix or to heal something that is impaired, disordered or broken.

Conversion therapy assumes something is wrong with LGBTQ2 Canadians. Let us take note that the Canadian Psychiatric Association removed homosexuality from its list of disorders in 1982. Telling young people they are abnormal and need to be fixed, or trying to fix them, is the problem and why this bill is necessary.

I encourage all members, in their deliberations on this bill, to read first-hand accounts of what the survivors of conversion therapy go through. In Garrard Conley's memoir, Boy Erased, inspiration for a film of the same name, he writes about his experiences surviving in a conversion therapy camp. The sort of counselling they offered was to tell him, “Your thoughts are harmful to God. They're disgusting, unnatural. An abomination.” They are an abomination. I say that word again because it is not a descriptor that should be used for anyone. Can members imagine how traumatizing it would be for anyone, let alone people in a vulnerable state who are looking for love and support, to be told they are unnatural? That is not therapy. It is torture.

Canada is an accepting country, and we have come a long way in the 50 years since homosexuality was decriminalized, in the 38 years since it stopped being seen as a mental disorder and even in the 15 years since same-sex marriage was legalized. However, we still have so much further to go.

I represent the riding of London West, and our city has had its own history of denying the LGBTQ2 community its voice. In 1995, organizers of the gay pride march asked the mayor of the day to issue a city proclamation in support of the pride march. She refused. The decision led to a three-year legal battle that ended with the Ontario Human Rights Commission fining the mayor and the city $10,000. It ordered the city to make the proclamation.

Today, the gay pride parade is one of the best celebrations in London, bringing together people of all ages, ethnic origins and sexual orientations. It was one of the big disappointments this year that as a result of the pandemic, we could not have the usual parade. We can only hope that next year's pride parade will be able to move ahead as usual, because we need to remind the community how important it is to have a voice and for young people to know they are not alone.

We do not have to go too far back in our own history in this chamber to remember how far we have come. As we know, section 15 of the Charter of Rights and Freedoms, the equality rights, protects sexuality and sexual orientation from discrimination. However, we must remind ourselves that sexuality was not explicitly stated in the original document. The joint committee of Parliament established to review the charter rejected explicitly including sexuality by a vote of 15 to two. The committee heard from organizations representing LGBT Canadians as to why they thought sexuality should be included in the charter. The meeting was held just down the hall from this chamber, and the questions hon. members asked at that time make for discouraging reading.

I will share them with my colleagues, because I want to demonstrate how dated some of the language and arguments around this issue were. One member actually stormed out of the proceedings after denouncing the gay and lesbian witnesses for peddling what he called an unacceptable lifestyle and one that would corrupt children. Another member shared this view and told LGBT Canadians that they really should not complain about the persecution he acknowledged they experienced. To him, they deserved it.

Thankfully, these abhorrent comments are in the minority, and I know that Canadians recognize the need to value and love everyone, even those who are different from us. Thankfully, today, we can see that Canada has openly LGBTQ2 legislators, mayors, actors, musicians and athletes. Their mere presence shakes the barriers that the community continues to face and slowly and surely helps bring them down. Their voices help us realize how we have failed them in the past and where we must do better.

We know that despite the recognition of equality under the law, the out and proud role models and, most importantly, the growing support of LGBTQ2 Canadians, fear of being different remains. That fear is not unfounded. Unconscious biases still exist, as do attitudes that are not accepting and supportive. Some avoid coming out because they believe it may negatively affect their careers or wonder how their friends and family might view them. Some who have come out deal with the trauma of being rejected by friends, families and communities. Far too many LGBTQ2 youth, from Nova Scotia to London to Alberta to British Columbia, still do not find the love and support they need. It is heartbreaking to know that around 40,000 young Canadians are homeless right now. Up to 40% of them are homeless because of their LGBTQ2 identity. It is hard to come out, and it can be hard for a person to have someone they love come out to them.

Organizations like PFLAG London in my community are there to help individuals who come out and help their families and friends as well. There are countless other organizations, including many religious ones, that help persons who struggle with issues of their sexual orientation, gender identity and gender expression. These real supports will not be negatively impacted by this law. Supports that treat people with respect, love and dignity are very small asks. This is how all human beings should be treated. It is how we can have those difficult conversations with the ones we love.

Conversion therapy assumes that something is broken and needs to be fixed, but it has not fit the definition of therapy in Canada for almost 40 years. This bill is long overdue, and I am proud to support it because it is another step in the right direction. We cannot continue to pretend that the abusive, sickening practice of conversion therapy is okay in any way, shape or form for our communities.

Criminal CodeGovernment Orders

October 27th, 2020 / 12:10 p.m.
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Conservative

Gerald Soroka Conservative Yellowhead, AB

Mr. Speaker, a few months ago, I met with various clergy from different denominations. When we brought up Bill C-6, I thought they were going to say that through prayer they could actually change someone, but that was far from the truth. They were very concerned that, by having a conversation with someone who is gay, lesbian or transgender, they could be persecuted or prosecuted for a crime. They were concerned that if they spoke to them, they would be criminalized.

The member said this was false. Could she please explain how they came to the conclusion that they would be charged in some form or sent to prison? Why do they have this rationale? Could the member change it and explain to them why this is not the case?

Criminal CodeGovernment Orders

October 27th, 2020 / 12:10 p.m.
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Liberal

Kate Young Liberal London West, ON

Mr. Speaker, we know that conversations of this type are difficult, but they must happen. To say that we cannot have conversations would be unrealistic. We must allow for conversation to take place to make sure that young people know they are loved and are part of their community.

This bill would not in any way make it a crime to have those conversations. That is the first step, and it is important and will continue to be important.

Criminal CodeGovernment Orders

October 27th, 2020 / 12:10 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Mr. Speaker, I thank my colleague for her speech.

We know that the Quebec National Assembly is also debating a bill on conversion therapy. It is great to see the two parliaments working together.

MNAs in Quebec City are also wondering whether individuals who are under the control of religious organizations that consider homosexuality to be a mortal sin could decide to challenge the Quebec law in court on the grounds of freedom of conscience and religion. That is something that is being discussed in Quebec City.

I am wondering whether the federal government had any such discussions. It is certainly important to start by passing the bill. However, an ounce of prevention is worth a pound of cure. These preliminary discussions about possible court challenges to the federal law would help us prepare to deal with that eventuality.

Criminal CodeGovernment Orders

October 27th, 2020 / 12:15 p.m.
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Liberal

Kate Young Liberal London West, ON

Mr. Speaker, this is a step in the right direction. There is no question that religious freedom is a part of what we believe in this country and that will not change.

We know that there could be some more discussion, right up to the Supreme Court, on these issues, which is entirely part of the process. It behooves us to move forward and make sure that we get this right.

Criminal CodeGovernment Orders

October 27th, 2020 / 12:15 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I thank my colleague for her speech.

I agree with her 100% and could not have put it better myself. She is absolutely right: this bill is a step in the right direction, one I think we should have taken long ago.

Her description of conversion therapy as abhorrent, disgusting, abusive, and even dangerous resonated with me. If conversion therapy is all of those things, why does the Liberal government's bill not seek to ban it outright?

Criminal CodeGovernment Orders

October 27th, 2020 / 12:15 p.m.
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Liberal

Kate Young Liberal London West, ON

Mr. Speaker, I must admit that I wish the bill went further. I agree that we need to move forward on this so that conversion therapy is outlawed completely. However, we know that in this country we want to make sure to bring everybody onside and that we do this step by step. This is our first step toward that.

I hope that eventually we will be voting on a bill that will completely criminalize conversion therapy in Canada.

Criminal CodeGovernment Orders

October 27th, 2020 / 12:15 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Before resuming debate, I wish to inform the House that there have been more than five hours of debate on this motion during this first round. Consequently, the maximum time allocated for all subsequent interventions shall be 10 minutes for speeches and five minutes for questions and comments.

Resuming debate, the hon. member for Churchill—Keewatinook Aski.

Criminal CodeGovernment Orders

October 27th, 2020 / 12:15 p.m.
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NDP

Niki Ashton NDP Churchill—Keewatinook Aski, MB

Mr. Speaker, I rise today to speak to Bill C-6, an act to amend the Criminal Code to ban conversion therapy, a truly horrific practice. Bill C-6 specifically criminalizes transporting a minor out of Canada for the purpose of conversion therapy, subjecting adults to conversion therapy against their will and the “business of conversion therapy”: charging for, profiting from or advertising conversion therapy for both minors and adults.

We must be clear. Homophobia and transphobia kill. They are a side of the fascist and hateful coin that demonizes and attacks us all. As parliamentarians we must be clear: There is nothing wrong, or that requires fixing, with anyone in the LGBTQ2IA communities. Conversion therapy is a horrific practice that should never have happened. The fact that it did, has and does is shameful. Our families, doctors and communities should be sources of comfort and respite for everyone, not harm.

The first responsibility of members of Parliament is to stand up for the rights and dignity of their constituents. The bill is an opportunity to show that. It is an opportunity to say no to homophobia and transphobia, because homophobia and transphobia kill. Let us send a clear message to the bullies, the bigots and those who would harm the LGBTQ2IA communities that their harmful behaviour, their hate and demonization are unacceptable and unwanted. Let our voice of love drown out the hate. We must speak out against homophobic and transphobic jokes, because they are not jokes. It is hate. Every one of those hateful jokes does the same type of damage we are talking about here. It comes from the same type of hate we are trying to stamp out. If we see it, we must say something. We must make it clear which side we stand on.

The phrase “conversion therapy” does not really reflect the horror of the practice, so let us be clear about what we are talking about: electroshock therapy, forced vomiting, forced ingestion of psychotropic drugs such as ketamine, and exorcisms and beatings. Simply put, it is abuse. Trying to force people to be something they are not will never work. We should not try, because there is nothing wrong with who they are.

A recent study showed that roughly 20% of gay, bi or two-spirited men experienced some form of conversion therapy. Another said that 42% of survivors age 13-24 attempt suicide. Homophobia and transphobia kill. It is no surprise when people are told that they are lesser and they do not matter: when they are told they need “fixing.” To anyone listening who needs to hear it, let me be clear. They do not need fixing. They are fine just the way they are. It is the folks attacking them who need fixing, not them. It may not feel like it, but many people believe in them, want them to succeed and cannot wait to meet them.

This hateful message often comes from those closest to us: parents, neighbours and in some cases even elected officials. It is truly unacceptable. We must put an end to it. We must put an end to homophobia and transphobia because they kill. It is impossible to change someone's sexual orientation, gender identity or gender expression through conversion therapy, nor would it be desirable even if it worked. All we would be doing is contributing to further harm, sometimes leading to depression and social isolation and often to self-harm or death by suicide. This is true of traditional conversion therapy and so-called body affirming therapy. We must ban conversion therapy. We must say no to homophobia and transphobia because they kill.

As we get to this moment, I would like to recognize the work of those who got us here. In so many of these struggles, we do not always get to bear witness to the hard work of community members and survivors who lay the groundwork. I want to recognize the LGBTQ2IA advocacy groups, labour unions, members of the medical community and the movement builders. I think of trailblazers across the country like my friend, Cheri DiNovo; my colleague, the MP forEsquimalt—Saanich—Sooke; trailblazers like Svend Robinson and Bill Siksay, former members of Parliament for the NDP; and my provincial colleagues, like Janis Irwin, who speak out and have spoken out against homophobia and transphobia at any chance they had.

I think of every survivor who has shared their story, every person who has spoken out and every community member who has endured, and I think of those who did not. Not one more person should be murdered by homophobia or transphobia. We owe it to those who are not here to make sure it never happens again.

I am happy to see some really inspiring and amazing work happening at the municipal, provincial and territorial levels across the country to protect queer youth. No provincial health plans allow for conversion therapy as part of the public health care insurance system. No reputable health care provider should perform the practice, yet we know that it happens. That is why this legislation is so critical.

Only my home province of Manitoba has a formal and complete ban on health professionals offering conversion therapy. It was the first province to ban the practice. Today, nearly 80 per cent of Alberta is covered by conversion therapy bans, but the provincial government refuses to act. Its lack of leadership puts children in danger.

Ontario, Nova Scotia and P.E.I. have made it illegal for health professionals to practice conversion therapy on minors. Yukon Territory is moving forward with legislation to ban conversion therapy as well.

However, there has been a lack of federal leadership until this point. In 2019, my former colleague Sheri Benson brought forward a petition by the Lethbridge Public Interest Research Group, signed by survivors and allies, calling on the government to ban the practice. They shared their stories and their collective voice called on us as parliamentarians to stand with them.

At the time, the Liberal government used the tired argument of obstructionists to human dignity everywhere: state rights. After countless survivors and activists continued to raise their voices, the government relented. The government was wrong then, but I am glad it is moving now, because homophobia and transphobia kill.

Let us be clear on the Liberals' pink-washed record on LGBTQ rights more broadly. A government that believes in queer rights does not prop up the Saudi Arabian government: one of the worst abusers of LGBTQ rights in the world. It does not continuously deny the right of men who have sex with men to give blood, despite saying otherwise.

In 2020, being an ally must mean more than doing the bare minimum. It must mean more than attending Pride parades. It must mean giving communities the tools to live in dignity and in health, and to lead their own fights in their own way.

New Democrats support this legislation, but we believe it must go further. We must make sure we are not leaving trans people behind. We must make sure that when we talk about banning conversion therapy for sexual orientation, we also include the same harmful practice when it comes to gender identity and expression because, and it bears repeating, homophobia and transphobia kill.

We know that legislation alone is not going to keep LGBTQ2IA people safe, nor will it repair the damage brought. The government must ensure that adequate funding exists for community-led solutions. It is the only way. Whether it is speaking out against hate or against practices that are harmful to the LGBTQ2IA communities in Canada, or in Canada's foreign policy, we must be clear on our values of love and respect, and condemn the bullies and bigots.

When I was writing my speech, I read stories of survivors of conversion therapy. Many were living through their pain, and their voices must be heard. I want to share a few of those stories.

Conversion therapy is not therapy. It is just torture, abuse, and people still need to be educated.

These are the words of a survivor who was forced to take a cocktail of psychedelic drugs and told to smell his feces any time he felt attracted to another man. His story helped convince the City of Vancouver to ban the practice. There are other horrific stories, but out of these stories we know change has already taken place. Folks in the LGBTQ community deserve more. Their human rights matter, like everyone else's.

Today, let us support Bill C-6, but let us go further in ensuring respect and realization of rights for LGBTQ people across our country and around the world.

Criminal CodeGovernment Orders

October 27th, 2020 / 12:25 p.m.
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Conservative

Derek Sloan Conservative Hastings—Lennox and Addington, ON

Mr. Speaker, I appreciate those comments. I just have a question.

I feel like we are not answering some of the concerns that other groups have. I am getting emails, not from religious groups but from feminist organizations and LGBT individuals. One email I got from We the Females, a feminist group, is concerned that among young girls gender dysphoria is being overdiagnosed. Young girls who may be confused about their general sense of self or who believe their current personal distress has a simple cause, being the wrong gender, are being overdiagnosed, put on drugs and put on a process that is irreversible.

Does the member have a comment for the people who are concerned about this? This is not related to animosity towards LGBTQ people, but just a concern for kids.

Could the member address this concern?

Criminal CodeGovernment Orders

October 27th, 2020 / 12:25 p.m.
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NDP

Niki Ashton NDP Churchill—Keewatinook Aski, MB

Mr. Speaker, first of all, the member who asked the question has a record of supporting deeply troubling and discriminatory views. We saw that in his leadership campaign. What I would say is that when it comes to—