Mr. Speaker, today I rise to speak to Bill C-6, an act to amend the Criminal Code, in relation to conversion therapy.
It is my belief that harmful conversion therapy practices are wrong and have no place in Canadian society. No person should be forced or coerced to change their sexual orientation or their gender identity. As we consider this legislation, it is incumbent upon us to examine the actual text of Bill C-6. We must review what is in it or, in this case, what is not in the legislation, because at the end of the day laws will be interpreted and applied based on their written text and not on an expressed intent. It is for that reason that I have serious reservations about the bill.
The legislation lacks a clear definition of conversion therapy. Its definition is so general that it leaves room to be applied broadly. There is very reasonable concern that the legislation could criminalize voluntary conversations and efforts to seek support. It also leaves the door open to infringe on religious expression and parental rights.
As we know, the bill has been reintroduced after it was cleared from the legislative table when the Liberal government unnecessarily prorogued Parliament. It was originally introduced in the first session of this Parliament as Bill C-8. Concerns about the broad definition were raised with the original introduction of the bill. With the clearing of the legislative slate, the Liberal justice minister had the opportunity to fix the definition. It is disheartening that this legislation was reintroduced without addressing these serious concerns.
The justice minister was fully aware of these concerns and made the decision to ignore them. In fact, after the first introduction of the legislation, the Department of Justice put the following disclaimer on its website. It reads:
These new offences would not criminalise private conversations in which personal views on sexual orientation, sexual feelings or gender identity are expressed such as where teachers, school counsellors, pastoral counsellors, faith leaders, doctors, mental health professionals, friends or family members provide affirming support to persons struggling with their sexual orientation, sexual feelings, or gender identity.
That statement would not have been offered if there were no need for it. By providing that clarification, there is an implied acknowledgement that the legislation is not clear. Unfortunately, a disclaimer on the department's website is not the same as legislation. That statement takes a position that is not explicitly stated in the bill before us.
There is nothing in Bill C-6 that clearly states that private conversations in which a person expresses their views on sexual orientation, sexual feelings or gender identity would not be criminalized. When a person is struggling or wrestling with life's issues, regardless of what that might be, it is very common to voluntarily turn to a trusted person for support. In fact, we would probably all encourage a person to reach out for help and not go through it and struggle alone. For each person, a trusted person is different. It could be a counsellor, a faith leader, a parent, a teacher, a friend or any person with whom they may feel comfortable.
To have the space for open, honest and real conversation, there cannot be a cloud of legal uncertainty around that conversation. There should not be fear of repercussions for expressing a certain viewpoint, offering counsel or even just having an informal conversation. That does not serve the individual seeking support or the individual offering it. There must be freedom to openly talk to those whom we trust. We must be cautious not to undermine support networks.
In introducing this legislation, the Liberal government has spoken about protecting LGBTQ rights, and it is so important that their rights are protected. I would agree that we should stand up to protect those who have been degraded or dehumanized by harmful conversion therapy practices. That is why, as legislators, we should be committed to getting this bill right and, in that effort, we also have the responsibility to be mindful of the rights of all Canadians.
Without a clear definition, it leaves room for the infringement of other held rights. Parental rights in the guidance of children must be part of this debate, just as freedom of religion and freedom of belief are also a part of this debate. Parents not only have the right but the responsibility of raising their children. That responsibility includes providing food, shelter and clothing for them.
However, parenting goes well beyond providing material needs for a child. Parental guidance is key to a child's development. Moms, dads and guardians help protect the physical and psychological well-being of a child. They also help a child understand and unpack the world around them. We often hear parents of infants and toddlers talk about reliving the world through their child's eyes. A child learns about the world around them and a parent is there to help guide and navigate them.
As a mom, I know first-hand that kids from a very young age will ask their parents an abundance of questions and sometimes they never stop. It does not matter if it is the most basic of questions or something incredibly thought-provoking. Parents are there to offer response and insight.
It is healthy for parents and their children to have open and honest dialogue, and for parents to help children in their understanding of their own emotions. A loving and open relationship between parents and children helps foster self-worth and self-esteem. It is important for children to feel comfortable in coming to their parents when they have questions, struggles or want to talk through or about their feelings.
In a world where we live more and more of our lives online, where kids are exposed to so many outside influences, where kids can be inundated with oversexualized content from a very young age and have access to so much information, whether it is credible or not, we need to have more real conversations between children and their parents, not fewer.
The other concern with the broad definition of conversion therapy in this legislation is its relationship to religious expression. A code of conduct around ethics, morality and sexuality is common among major religions. These are often strongly held beliefs that are studied, instructed and practised by all persons of faith. Faith groups have expressed their worry about how this legislation will be applied to them. Will they remain free to teach and encourage members of their faith community to practise their faith in accordance with their religious teachings, or will this legislation and its application go well beyond criminalizing involuntary, harmful and discriminatory conversion therapy practices?
As I have said, it is my belief that the practice of involuntary conversion therapy is harmful and should be banned, but we cannot ban or police thought and expression. We cannot infringe on religious freedoms and we must respect parents. In an effort to ban the practice of conversion therapy, we cannot needlessly criminalize normal and healthy conversations.
As it is written in the current legislation, the definition of conversion therapy is overreaching, in my view, and it is flawed. It does not strike the right balance between protecting people of the LGBTQ community, parental rights and freedom of religion. By providing a clear definition of conversion therapy, we can provide needed clarity on the scope and intent of the legislation.
I will personally be supporting the bill at the second reading stage so that it can be sent to committee where amendments can be put forward in good faith to improve and fix the current legislation's shortfalls. It is my sincere hope that the Liberal government will be open to amendments so that we can get this right for all Canadians.
