An Act to amend the Criminal Code (conversion therapy)

This bill is from 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 has also written a full legislative summary of the 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.

Similar bills

C-4 (current session) Law An Act to amend the Criminal Code (conversion therapy)
C-8 (43rd Parliament, 1st session) An Act to amend the Criminal Code (conversion therapy)

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-6s:

C-6 (2021) Law Appropriation Act No. 4, 2021-22
C-6 (2020) An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada's call to action number 94)
C-6 (2016) Law An Act to amend the Citizenship Act and to make consequential amendments to another Act
C-6 (2013) Law Prohibiting Cluster Munitions Act
C-6 (2011) Law Restoring Mail Delivery for Canadians Act
C-6 (2010) Law Appropriation Act No. 5, 2009-2010

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

June 7th, 2021 / 6:30 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, perhaps I did not say it from the outset, but I, like all my Conservative colleagues and I believe everyone in the House, feels that conversion therapy that would be violent, degrading, abusive and coercive should be banned. That is what we have been consistently saying, whether it is my leader, the hon. member for Durham, or anyone else in the Conservative caucus or at committee. We are opposed to violent, coercive, unwanted therapies of any kind. However, that is not what the bill clearly identifies. The bill actually muddies those waters by not providing that clear definition of what conversion therapy is or what is meant by conversion therapy.

As Conservatives, we have asked at committee to please let us put forward amendments that would bring clarity to the bill, something we could all get behind. As I said, we do support conversion therapy, but we 100% support a person's desire and ability to retain counsel and to have good faith conversations, whether it is with youth leaders, as the previous speaker mentioned, or with friends and pastors or professional counsellors. We need to protect that right for all Canadians.

Criminal CodeGovernment Orders

June 7th, 2021 / 6:35 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, there they go again. We are all against violent conversion therapy. Violent conversion therapy? Is violence not already illegal? We cannot inflict violence upon somebody without it already not being illegal.

This is just more of the same rhetoric that we heard from the previous member, going on and on, making it seem as though they really care about this issue. All they are doing, and Canadians see right through it, is looking for justification not to vote in favour of this when the reality is that they are against conversion therapy.

Why does the member just say that he is against conversion therapy? He would be a lot more honourable doing that.

Criminal CodeGovernment Orders

June 7th, 2021 / 6:35 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, the member for Kingston and the Islands is getting a little worked up. As I have said all along, the Conservatives and all members of the House know exactly what conversion therapy is and we are opposed to it. What we are not opposed to is parents having a conversation about sex and relationships, about pastors, youth leaders, professional counsellor or medical people having conversations about sexuality. For whatever reason, the member does not understand that. I do not get it. Why does he not understand—

Criminal CodeGovernment Orders

June 7th, 2021 / 6:35 p.m.

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

Resuming debate, the hon. member for Peace River—Westlock.

Criminal CodeGovernment Orders

June 7th, 2021 / 6:35 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I rise today to speak to Bill C-6, which proposes a ban on conversion therapy. I want to say at the outset that I too am opposed to conversion therapy.

Coercive and degrading practices should be banned, and I think my colleagues in the House would agree with me on that. We would not find anybody in this place who is supportive of conversion therapy. However, this bill proposes to criminalize much more than coercive and degrading practices, and we need to protect people from being victimized.

I have spoken and consulted with, and received feedback from, many of my constituents and Canadians from across the country regarding this bill. In a recent mailer, I polled my constituents, and the vast majority of them were not happy with Bill C-6. They are opposed to conversion therapy; however, many are concerned about the definition given in the bill. They fear that it is overly broad and that many conversations would be criminalized.

The voices of the people of Peace River—Westlock echo those of many Canadians who are concerned that this bill might and will criminalize certain types of voluntary counselling and conversation. There are concerns that this overly broad definition of conversion therapy will criminalize different supports, and that this will hurt the people we are trying to protect.

The bill seeks to ban counselling that is related to managing sexual behaviour. My colleague from Cypress Hills—Grasslands described that nowhere else in the world has the same definition of conversion therapy that is presented in this particular bill, which would ban counselling for sexual behaviour. No individual should be prevented from getting the mental or behavioural supports they want.

A Nanos poll conducted earlier this year found that 91% of Canadians support the right of Canadians to get counselling of their choice, regardless of their sexual orientation. Canadians are concerned about the lack of clarity and the broad scope of the bill regarding what constitutes conversion therapy, and this has led them to petition the government to fix the definition.

As a member of Parliament, I have tabled many petitions in the House on this very topic to raise their concerns about the legislation. Some of their concerns include that pastors and religious educators might be thrown in jail for teaching or holding traditional views on sexuality. There are also concerns that this bill would restrict the choices and freedoms of the LGBT community by limiting their access to professional services based on their orientation or gender identity.

As legislators, it is of utmost importance that our bills and definitions are clear. We should not write bills that are imprecise or overbroad and that would be quick to lead to court challenges. I note that the Bloc member who sits on the committee repeatedly brought this point up. He said that we should get this definition right, and I commend him for his work on the committee.

When most people talk about conversion therapy, they think of coercive, harmful, degrading practices such as electroshock therapy, chemical castration and forced lobotomies, among others. These horrific practices should, and have been in many cases, banned. However, this bill would very well criminalize counselling and conversations that are freely sought if they seek to limit or change a person's behaviour, orientation or expression.

The bill before us was first tabled as Bill C-8, but as a result of the prorogation of Parliament, it was reintroduced as Bill C-6. For Bill C-8, there were concerns that the definition of conversion therapy was overly broad, and because of the prorogation there was time for the justice minister to offer greater clarity and a precise definition. However, the bill was retabled without the definition being fixed, and after being introduced and having a short amount of time in debate at second reading, Bill C-6 went to committee.

Many members of this chamber voted to send the bill to committee so that the definition could be amended and given more precision. In its meetings, the committee heard from many witnesses and made some amendments to the bill, but it did not fix the definition. Furthermore, gender expression was included.

There are indeed concerns that people have expressed with the bill before us, including many Canadians who want to maintain the freedom and ability to make their own choices.

We heard recently from my colleague for Provencher about Emmanuel who had shared his story about how he was engaged in a lifestyle where he was bullied and shamed by his school peers, because he was gay. Because of this, he hated himself and even tried to kill himself. After his failed suicide attempt, Emmanuel decided to embrace his identity. Throughout this, Emmanuel's family supported and loved him, and because his Christian faith was a big part of his life, he sought counselling in this area. While he found a diversity of approaches, he finally found a counsellor who became a real mentor for him. Emmanuel said that the mentor counselled him in ways he wanted to be challenged, and he credits his counselling for being alive today.

Now, Emmanuel is clear that he is firmly opposed conversion therapy and supports laws to prevent it, but he is also clear that anyone seeking answers on their sexuality should be free to choose the support that they want. He is concerned that the current definition, unless fixed, would prevent this. In the justice committee he said that:

I stand with you in your efforts to see LGBTQ+ individuals protected and loved. Therefore, I ask that you create a well-written bill that truly bans coercive and abusive methods while respecting the individual's freedom at any age to choose the type of support they want and their desired goal. I trust you will make a decision that will benefit and protect the citizens of Canada while upholding fundamental rights and freedoms.

With the passing of Bill C-6, there are many fears that religious counselling would be banned. Many different faith traditions have teachings about human sexuality. Several teach that there is a difference between behaviour and orientation and that they are not the same thing. There is a variety of reasons why someone might not want to act in a particular way, including their personal faith tradition or just not wanting to do something. If a religious leader offers counselling, sharing their experience or a teaching on sexuality, there is a fear that Bill C-6 would criminalize that conversation.

Canadians may have a variety of reasons of why they might want to reduce a particular behaviour, which may be unwanted or undesired. I know people who have porn addictions, and reducing their sexual behaviour is something that they desperately want to do. It is important that we do not remove or eliminate the tools and resources that enable people to be able to seek the support that they want—

Criminal CodeGovernment Orders

June 7th, 2021 / 6:45 p.m.

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

I have to interrupt the hon. member. He will have about one minute and 20 seconds to finish his speech when the bill next comes up for debate.

The House resumed from June 7 consideration of the motion that Bill C-6, An Act to amend the Criminal Code (conversion therapy), be read the third time and passed.

Criminal CodeGovernment Orders

June 21st, 2021 / 5:50 p.m.

The Assistant Deputy Speaker Carol Hughes

Resuming debate, the hon. member for Peace River—Westlock has one and a half minutes remaining in the debate.

The hon. member.

Criminal CodeGovernment Orders

June 21st, 2021 / 5:50 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, as I resume my speech from over a week ago, I want to echo the concerns that many people have brought forward about Bill C-6 and its definition of conversion therapy. Canadians from across the country have expressed concern and asked parliamentarians to fix the definition as they are concerned about private conversations and freely chosen, voluntary counselling being criminalized.

Looking back at the committee that studied this bill, there were concerns expressed by several witnesses along these lines, with members of multiple parties endorsing that position as well. The member for the Bloc at the justice committee, the member for Rivière-du-Nord, expressed concerns about the impacts of the legislation. Along with the testimony from witnesses, many briefs were submitted to the committee. Almost 300 individuals and groups wrote briefs, which means that Canadians were interested in and concerned about this bill. The justice committee did not even take the necessary time to have the briefs translated or reviewed before it voted and adopted this bill. Why did the committee members not take the time to read over these briefs? Many Canadians are wondering.

Fixing the definition is what Canadians are asking for. The Liberal government has failed Canadians by coming up with a definition that does not have unanimous support in this place. Conservatives are opposed to conversion therapy and are looking forward to a bill that would ban conversion therapy and not conversations.

Criminal CodeGovernment Orders

June 21st, 2021 / 5:50 p.m.

Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Madam Speaker, I have received hundreds of emails and letters from constituents who are very concerned that their parental rights will be taken away from them, or their pastoral right to counsel their children or people who might be seeking their advice on this particular issue.

Can the member comment on this?

Criminal CodeGovernment Orders

June 21st, 2021 / 5:50 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I want to thank the hon. member for her hard work in this place.

I agree with her. I have heard from Canadians from across the country who are concerned about the definition of conversion therapy, particularly around the word “practice”. The word “practice” is not clearly defined in Canadian law, so what is a practice that would be covered by this law? This law would be banning a treatment, service or practice, and that is fundamentally what folks are concerned about. What is the definition of a practice? Is it just a conversation that people are having? Is it a prayer that is being prayed for somebody? There are many things. “Religious practice” is a term that we use often in the religious world. Would a religious practice therefore be considered conversion therapy? That is what folks are concerned about.

Criminal CodeGovernment Orders

June 21st, 2021 / 5:55 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Madam Speaker, many people following the debate see the Conservatives using the issue of a definition as a bit of a scapegoat to justify their behaviour on the legislation itself. The concerns have been addressed. Members from all parties except the Conservative Party seem to recognize that.

Can the member clearly indicate what his personal position is on conversion therapy? Does he support it, or does he not? I ask that he stay away, as much as possible, from this whole definition, which many Canadians see as the Conservative Party members using an excuse to justify their vote.

Criminal CodeGovernment Orders

June 21st, 2021 / 5:55 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, the Conservative Party has been extremely clear, and I have been as well, that we are opposed to conversion therapy. We are opposed to what people think of as conversion therapy.

“[P]ractice, treatment or service” is not a clearly defined definition of conversion therapy. Particularly, counselling that changes behaviour is a concerning part of the definition. A lot of counselling is attempting to change behaviour, and that is exactly what I have been hearing from folks around the country.

Over 300 briefs were written to the justice committee on this and they were ignored. The government members ignored those briefs. They did not listen to those briefs. They did not take the time to have them translated. They ran this bill through with a bad definition. Not only Conservatives on the committee said that, but Bloc members said it as well.

Criminal CodeGovernment Orders

June 21st, 2021 / 5:55 p.m.

Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, I am pleased to hear my colleague say that we are opposed to requiring conversion therapy without the individual's consent. That is exactly what Bill C-6 is about. I invite my colleague to watch Boy Erased to understand this important nuance. This is reassuring, and I think we will soon be ready to vote.

Criminal CodeGovernment Orders

June 21st, 2021 / 5:55 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, we are trying to ban degrading and harmful practices when we say we want to ban conversion therapy. The bill would not do that. Therefore, I will be voting against it, as I did at second reading. We want a bill that bans conversion therapy, not this definition of it.

Many people asked for amendments to bring clarity to the bill. Once again, I will reference the over 300 briefs that the justice committee ignored when it rammed the bill through. These proposals included defining conversion therapy as a practice, treatment or service. We could put in greater precision and protections so that people can get the counselling they want, private conversations and discussions can happen and parents can set house rules for sexuality that happens in their own home.