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 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

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)

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-6 amends the Criminal Code to criminalize certain activities related to conversion therapy, including providing it to minors and advertising the service.

Liberal

  • Supports bill C-6: The Liberal party strongly supports Bill C-6, which amends the Criminal Code to ban conversion therapy, a practice deemed harmful and discriminatory to LGBTQ2S+ communities.
  • Practice based on false premise: Conversion therapy is based on the false and harmful premise that LGBTQ2S+ identities are wrong and can or must be changed, causing significant psychological and physical damage.
  • Criminalizes specific acts, not conversations: The bill criminalizes specific acts like performing conversion therapy on minors or unwilling adults, profiting, and advertising, but explicitly does not criminalize private conversations or beliefs.
  • Essential step for equality: Liberals view the bill as a critical human rights issue and an essential step towards protecting vulnerable LGBTQ2S+ Canadians and achieving equality and acceptance for all.

Conservative

  • Support ban on harmful practices: Conservatives unequivocally support banning conversion therapy, calling it absurd, wrong, and harmful, and believe perpetrators should be held accountable under the law.
  • Definition is vague and overbroad: The bill's definition of conversion therapy is criticized as vague and overly broad, potentially capturing good-faith conversations and voluntary counselling, not just coercive practices.
  • Risk of criminalizing conversations: Concerns are raised that the bill's overbroad definition could criminalize important support services and good-faith conversations between individuals, families, and professionals regarding sexuality and gender identity.
  • Amendments to clarify definition rejected: Conservatives proposed amendments, including using language from the Department of Justice website, to clarify the definition and prevent criminalizing conversations, but these were rejected by the government.

NDP

  • Supports conversion therapy ban: The NDP supports the bill to ban conversion therapy, which they describe as fraudulent, harmful, and not sanctioned by any professional organization.
  • Bill strengthened at committee: The bill was strengthened at the justice committee, notably by changing "against a person's will" to "without consent" and expanding the definition to include gender identity and expression.
  • Does not ban conversations: The bill includes a clause clarifying that it does not ban good faith counselling or the exploration of identity, addressing concerns about conversations between parents, children, or pastors.
  • Protects SOGIE community: Members emphasize the need for the bill to protect the SOGIE community, especially trans and gender-diverse individuals, from harmful practices and societal discrimination.

Bloc

  • Bloc supports bill C-6: The Bloc Québécois is strongly in favour of Bill C-6, which amends the Criminal Code to create offences related to conversion therapy, calling it essential.
  • Conversion therapy is harmful: Members state that conversion therapy is pseudoscience, dangerous, degrading, and ineffective, posing a serious threat to the health and well-being of affected people.
  • Quebec leads on human rights: The Bloc highlights Quebec's history as a leader in human rights protection and its recent unanimous adoption of Bill 70 banning conversion therapy.
  • Pass bill urgently: The party urges Parliament to pass Bill C-6 before the end of the session, stressing the urgency to protect LGBTQ2S+ individuals and stop postponing the issue.

Independent

  • Definition too broad: The bill's definition of conversion therapy is overly broad, potentially outlawing validated forms of talk therapy for Canadians dealing with issues related to sexual attraction and gender identity.
  • Affirmation-only model: The bill promotes an affirmation-only model for gender identity, contrasting with international trends towards a "sober second look" particularly for children, which the bill may criminalize.
  • Impact on youth: Concerns that the bill could push vulnerable youth towards medical transition, potentially preventing those who would naturally desist or identify as gay/lesbian from exploring other options.
  • Creates chilling effect: The criminalization aspect creates a "witch hunt" environment that could chill necessary conversations and prevent parents from seeking appropriate counselling for their children.
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Criminal CodeGovernment Orders

June 21st, 2021 / 6:30 p.m.

Independent

Derek Sloan Independent Hastings—Lennox and Addington, ON

Madam Speaker, it is a privilege to rise on this issue. I understand that the opinions to counter this bill are not as numerous as the opinions in favour of it, but they are nonetheless no less important.

When I was watching the debate ensue at committee, I was not a part of the committee, but as an interested parliamentarian, I watched all of it. The debate with respect to witnesses and so forth was rather even-handed. I did not count the number of witnesses who raised concerns, versus those who were in favour of it, but there were plenty of professionals and other individual people who brought up real situations which would be technically against the letter of the law according to this, but I think we would all agree are legitimate concerns. I just want to, as best as I can, address those today. Ten minutes is not sufficient for that, but I will do my very best. Of course, time is lacking to do much of what we need to do in this House.

I am in support of a ban on harmful counselling. There are many other jurisdictions, governments and cities around the world that have banned conversion therapy, but in a different way. They have different definitions that are far less broad. Of course, many of them, if not all, outside of a few, are not criminal in nature. I think it is problematic when we have a very broad definition that is also criminal because we want to ban harmful courses of practice, but we do not want to put people in jail who, frankly, do not deserve to be there.

As others have raised before, we want to be entirely certain that what we are targeting is, in fact, the evil that we are looking to target and not be overbroad in that ban. I am a little bit concerned that the assumptions that underpin this bill are faulty. When not all, but some of the assumptions are faulty we can be led astray. I just want to take issue with some of them.

The first is the myth that Bill C-6's definition of conversion therapy accurately identifies treatments that will be harmful and does so in a way that is not overbroad. I think, of course, that there are abusive practices out there and I think that we should aim to ban them, but what Bill C-6 has done here is to basically, in my view, when looking at the definition, outlaw any validated form of talk therapy for Canadians wishing to deal with various issues related to sexual attraction and gender identity. For those who would like to look into the proceedings of the committee, there are many examples of very credible witnesses who have gone through circumstances where they needed counselling to address certain things and their stories are credible. I do not have time to go through them all, but members can look at them.

I also want to say that with respect to transgender identification, particularly in children, there is a conversation going on globally right now that we are missing in this debate on Bill C-6.

In the U.K., the Government Equalities Office for example, is looking into whether the influence of social media and the discussion of gender identity with young people have contributed to the striking increase in referrals. When I get into some of the data here on the striking increase, I think we could all agree that there is something here that needs to be looked at. In the last 10 years, in the United Kingdom, which mirrors data from other countries, we have seen referrals to these gender clinics skyrocket. We have seen them increase by about 1,000% for boys and 4,400% for biological females.

These exponential rises, as I have said, are increasing in other western nations as well. We heard one of the members earlier speak about the United Kingdom High Court ruling with respect to Keira Bell. Keira Bell is one of the young women who was referred to the Tavistock institute, which is the clinic there that deals with gender referrals for gender identity. She was told that, if she went through the process, she would feel better about herself, so she went on to hormone blockers. She had a double mastectomy. She spent several years living, outwardly looking like a man, and she came to regret it. She was in her early twenties. She took the Tavistock institute to court saying she was not in a position where she could consent to this treatment, but was basically told that this would be the answer she needed to her life. It did not make anything better and, in fact, it made a lot of things worse.

The court ruled that people under 16 could likely not consent to puberty-blocking treatments. This bill does the opposite. This bill says that if someone wants to put their child on hormone blockers or if they want to basically put them on the road to surgery, that is totally fine, but to give them the wrong type of counselling could get them in trouble.

Some people would say that there is a clause in the bill that allows people to explore. However, the fact is we heard from very competent professionals in committee that this clause would not be enough, when there is potentially a five-year jail term hanging over people's head.

We heard from Ken Zucker, an internationally renowned expert in gender identity. He was basically working with our clinic here, CAMH, for decades. He is internationally renowned in this field. He has literally written the book on how to treat gender identity in children. He was accused of conversion therapy a few years ago. He was fired from his position, summarily. He had the wherewithal and the resources to take his employer to court. He won a substantial settlement. He cleared his name.

This is the type of thing that we are seeing, before Bill C-6. If this is the sort of witch hunt environment we are seeing before Bill C-6, it is going to increase significantly with Bill C-6.

Other than the U.K., we are seeing other countries in Europe, Sweden and Finland, have gone even a step further. They are moving away from what is called affirmation-only models of care, which I suggest is what Bill C-6 is, this is what other professionals in committee said about this bill. In Sweden and Finland, they are saying there must be a sober second look when a child identifies as transgender. A sober second look is the very thing that I believe Bill would criminalize.

Bill C-6 would criminalize parents who want to discourage their young child from transitioning, who would not be making life-altering decisions. I do not believe it is hateful for a parent to make a decision based on accurate medical facts.

When it comes to transgender identification in children, reliable data indicates the vast majority of kids who identify as another gender would grow out of it, meaning by the time they become an adult, many of them, up to 80% according to some studies, will identify or accept the body they were born with. I think that given data like that, we really need to give a lot of room here for kids to explore but not to push them on this one-track mode of puberty blockers and eventually surgery. This is what is being criticized by people like Keira Bell.

I read an article in the National Post a year or so ago by Barbara Kay that highlighted the story of a young girl, JB is the acronym used, a child who is currently involved in an application in the Canadian Human Rights Tribunal. This involves a teacher in an Ottawa area school who told this six year-old that girls do not exist. This six-year-old was a happy, loving young girl. I have a seven-year-old, a six-year-old and a five-year-old. The seven- and five-year-olds are girls.

This six-year-old became distraught, withdrawn and depressed. She did not understand what it meant. The parents asked the teacher if she could just cool it on some of these ethereal gender theory comments. The teacher and administration refused to do this, and the parents had to take that girl out of that school. They moved her to a different school, and have taken this particular school board to court.

The girl is once again a happy, well-adjusted young girl. It just goes to show that we have to be careful what we are putting into the minds of our young children. What the U.K. high court case found is that once these kids are put onto these drugs, the hormone blockers, it pretty much puts them on the road to surgery. It is kind of like a one-track street.

We need to be very careful. We need to have a sober second look in this country.

There are in fact many people, even in LGB communities, who are against this bill. I will read an email I received. It said:

Dear Mr. Derek Sloan,

As a Lesbian, I am 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.

She goes on to say:

Please protect vulnerable gay and lesbian youth from being told that they are“born in the wrong body” and told they should transition to feel “right” and to “fit in”. Sincerely...

As spoken

Criminal CodeGovernment Orders

June 21st, 2021 / 6:40 p.m.

The Assistant Deputy Speaker Carol Hughes

Unfortunately, the hon. member's time is up. I am sure that during questions and comments, he will have a chance to respond.

Questions and comments. The hon. member for Peace River—Westlock.

As spoken

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June 21st, 2021 / 6:40 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, one of the things that was notable in the committee was the 300 briefs that were just ignored. I was wondering if the member has any comments about that.

As spoken

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June 21st, 2021 / 6:40 p.m.

Independent

Derek Sloan Independent Hastings—Lennox and Addington, ON

Madam Speaker, I noted that as well. I also noted some members of the other parties, I believe a member from the Bloc Québécois, also said that we should spend a little time on them, even just out of respect for the people who submitted these briefs.

The member is right, and I think there were about 300 or so that came in. They came in at the last minute and there was not enough time to have them translated, so the committee finished its work on this bill without even looking at those briefs. That is problematic. It shows there was a lot of interest in this bill, and we owe it to Canadians to have spent the time to look at it.

As spoken

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June 21st, 2021 / 6:40 p.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, this is interesting to hear because the personal and emotional testimonies I shared in my speech were all of young people who had transitioned in their teens and then realized in their early twenties that gender transition was not a permanent solution to their gender dysphoria, and they were in their own process of detransition.

Clearly there is a concern here, as has been mentioned. I am wondering if he would expand further on how Bill C-6, as currently written, could very well restrict the freedom of the respectful and exploratory speech of these individuals with valuable lived experience.

As spoken

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June 21st, 2021 / 6:40 p.m.

Independent

Derek Sloan Independent Hastings—Lennox and Addington, ON

Madam Speaker, one thing that struck me about the debate on this bill, and of course this was not reflected in committee, although I think in committee there was a balanced discussion on many of the issues, was that right now there is a conversation going on around the world with respect to transgender identification in children. I heard some members talk about the fact that a small percentage of the people who transition have regrets.

We are on the tipping point of a big iceberg of regret, because back 10 years or 20 years ago, the funnel for who experienced surgery with respect to transgender changes was a lot narrower. We are seeing, as I said earlier, this meteoric rise in identification. We are seeing an increase of 1,000% for men and 4,400% for young girls. We are seeing a U.K. government office do research into why we are seeing this, so I think the tip of the iceberg of regret is just on the horizon.

As spoken

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June 21st, 2021 / 6:40 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, this member is in a neighbouring riding of mine. Certainly he has heard of the experiences at the Third Day Worship Centre in Kingston and what the experiences were of a number of members in that congregation. He will also probably know that the City of Kingston passed a bylaw banning conversion therapy. It is enforceable by a fine and is not a criminal offence because, obviously, it cannot do that, but it is taking measures.

He talked about what other jurisdictions were doing. Does he agree that was the right thing for the City of Kingston council to do?

As spoken

Criminal CodeGovernment Orders

June 21st, 2021 / 6:40 p.m.

Independent

Derek Sloan Independent Hastings—Lennox and Addington, ON

Madam Speaker, that question brings up the issue of what exactly our definition covers. With respect to that particular situation, I have personally spoken to the man who underwent what happened in Kingston. I am not aware of the other cases, but I am talking about the main person who was testifying at city council.

With his particular situation, he was basically prayed over in a very public manner and advised to take a three-day fast. These are things none of us would maybe agree to or advise, but when we take a look at what happened to this person, do we believe the religious leaders of this church should go to jail for five years? They prayed over an 18-year-old who was requesting prayer at the time. Now, apparently they embarrassed him, and of course I do not agree with that, but is it worth a five-year jail sentence?

These are the questions we need to answer. When I was speaking to the minister earlier in this session, I said that the Canadian Psychological Association has prayer in its definition and asked if this would ban prayer. I was told it would not.

As spoken

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June 21st, 2021 / 6:45 p.m.

The Assistant Deputy Speaker Carol Hughes

Is the House ready for the question?

As spoken

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June 21st, 2021 / 6:45 p.m.

Some hon. members

Question.

As spoken

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June 21st, 2021 / 6:45 p.m.

The Assistant Deputy Speaker Carol Hughes

The question is on the motion.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

The hon. member for Kingston and the Islands.

Partially translated

Criminal CodeGovernment Orders

June 21st, 2021 / 6:45 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I would request a recorded division.

As spoken

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June 21st, 2021 / 6:45 p.m.

The Assistant Deputy Speaker Carol Hughes

Pursuant to order made on Monday, January 25, the recorded division stands deferred until Tuesday, June 22 at the expiry of the time provided for Oral Questions.

Translated

The House resumed from June 21 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 22nd, 2021 / 3:20 p.m.

The Speaker Anthony Rota

It being 3:17 p.m., pursuant to the order made on Monday, January 25, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-6.

Call in the members.

Partially translated