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.

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 28th, 2020 / 5:20 p.m.


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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, the member referenced dying on demand. I know a couple of Conservative members of Parliament have used that sort of terminology. That undervalues the immense contributions, at a very difficult time in a person's life, of the people around them. I am talking about medical doctors, social workers, most importantly, family members and others. The infrastructure is there. There is no doubt, as some people have talked about, including myself, that we need to look at palliative and hospice care and other ways to ensure a quality of life when the end approaches.

When members talk about dying on demand through this legislation, they do a disservice to those who are there in those very precious moments at the end of a person's life. I wonder if the member could provide his thoughts about the advisers, in particular, health care professionals and social workers. I have had that experience on two occasions, for both my father and grandmother. I valued and appreciated the feedback that I got from health care professionals back then.

Criminal CodeGovernment Orders

October 28th, 2020 / 5:20 p.m.


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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, these are not necessarily just the words of Conservative members in the House. These are the words of Dr. Leonie Herx and 750 doctors who have raised the alarm with the government. This is a term they are using. The fact is that the government is removing restrictions on the number of witnesses that need to be involved. In some cases, people who have a reasonably foreseeable death can request assistance in dying and receive it on the same day.

When we get rid of these reflection periods, it seems that the goal of this policy is to ensure that as many people can access an assisted death as possible. We need to look at this from the other perspective and ask how many people we can divert away from an assisted death through better palliative care, better pain management and better mental health supports. That is what we should be looking at, not trying to speed up and increase the number of people accessing medical assistance in dying.

Criminal CodeGovernment Orders

October 28th, 2020 / 5:20 p.m.


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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Mr. Speaker, I thank my colleague for his speech. I appreciate the approach he took in talking about the situation in correctional institutions.

Then again, I heard him refer to this bill as radical. Personally, when I think of this bill, I think of compassion. I cannot help but think of Nicole Gladu and Jean Truchon, who honourably fought for their cause before the courts.

Would my colleague agree that, as legislators, we need to do everything we can to ensure that other people suffering from degenerative, incurable diseases are not forced to go to court to challenge the terms and conditions of medical assistance in dying?

Criminal CodeGovernment Orders

October 28th, 2020 / 5:20 p.m.


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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, I apologize to the member for not answering in French, but I am working on it.

We are all here because we care about vulnerable people and people who are sick and suffering, but it is important that we do not all buy into this consensus. When we all get on the train and buy into the same consensus, we lose the opportunity to raise very important points. That is what I and a number of my colleagues are trying to do. We are trying to point out the flaws in this legislation, which I would say is radical because just five or six short years ago, we did not have legalized assisted dying in Canada and here we are today, already passing the second piece of legislation.

Nobody could have imagined six years ago that we would be allowing people without a terminal illness to receive an assisted death. That is what we are debating today, that basically anyone who has a grievous or irremediable condition, even if it is not terminal, should be allowed to receive assistance in dying, and I do think that is quite radical.

Criminal CodeGovernment Orders

October 28th, 2020 / 5:25 p.m.


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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, it is an honour to rise and speak in this House on Bill C-7, an act to amend the Criminal Code, medical assistance in dying.

Each and every time that I speak in this House, I am reminded that the opportunity has been entrusted to me by the citizens of North Okanagan—Shuswap, first in 2015, and again in 2019. It is roughly five years now since I arrived in this place for the first time and I still remember the anticipation I experienced as I approached my work as a member of Parliament. I still carry great appreciation for the opportunity to serve the people of North Okanagan—Shuswap and, indeed, all Canadians.

Each and every member of this House has been entrusted by their constituents to represent all constituents, and this is a responsibility that I hope all members keep as a guiding principle as we undertake our work. I do not think anyone could be fully prepared for what the role of being an MP entails and the unexpected situations that arise, but I will say that I came here with an open mind, eager to listen and committed to doing my very best to represent the constituents of North Okanagan—Shuswap.

Shortly after the 2015 federal election, Bill C-14 on medical assistance in dying was introduced to the 42nd Parliament. In fairly short order, Bill C-14 was debated and passed. As members will recall, Bill C-14 was passed in response to the Supreme Court decision that ruled that adults with grievous and irremediable medical conditions are entitled to physician-assisted suicide, as it was termed at the time.

Over the time that was allotted for debate and committee study of the original Bill C-14 legislation, I took the opportunity to hear from constituents and took what I heard at that time to form my position on the legislation at hand. Since then, I have continued to listen to constituents on all sides of this debate in an effort to ensure that I am aware of their many differing viewpoints. I have heard from many who believe in the sanctity of all human life and believe the time of life and death is to be decided by a greater power than any of us possess. I have also heard from others with various incurable health conditions who want the ability to choose an appropriate time so that they are able to pass with dignity, and the ability to choose when to say a final goodbye.

While listening to and pondering the various personal beliefs and scenarios shared by constituents, I have also reflected on my own personal experience and how fortunate many of us are that we have not had to make the very difficult, personal decision that many Canadians face every day.

I would like to share what weighed heavily on my mind during the debate and considerations, back in 2016, and remains with me today as we revisit this topic in the legislature. My mother had developed dementia over a period of years before her passing. At first, we did not recognize the symptoms or maybe we did not want to actually acknowledge that they were there, but as time went on Mom became more forgetful. At first it was just that she would end up with multiple jugs of milk in the fridge because each time she went to the grocery store she simply remembered that she needed milk and not the fact that she had just bought some the day before.

As time progressed, her memory got worse and eventually she moved into a full-care home where she was safe and cared for. Initially it was only her short-term memory that faded away and she could still remember many things from earlier in her life and about her family, but that gradually changed. One thing we did notice in the last few months of her life was that she no longer used the telephone. It would ring but she was not able to put the pieces together to pick it up and talk to whoever was calling. The phone had been a big part of her life as she would always call all of her children, grandchildren and great-grandchildren on our birthdays, but for a number of months she was no longer able to remember phone numbers, what the telephone was for, or how to start a conversation.

At the time of what turned out to be her last Christmas, we made plans to have her home for Christmas dinner and we all looked forward to the day. Then on Christmas morning, we got a call from the care home. They said she had come down with the flu and would not be able to go out. We managed to get through Christmas Day but were concerned the illness was more than she could take in her frail condition.

The next day we were surprised when the care home called and said my mom was doing much better that day and asked if we wanted to come for a visit. We headed out, knowing that mom might not be looking or feeling her best because she had been ill.

We walked into the room that day and were totally taken aback. She was sitting up, fully articulate and waiting for us. We were shocked when she started conversations like someone had turned back the clock two years on her dementia. She told us how she felt bad she had not been able to go out and do any Christmas shopping for the grandchildren and many other things she had not been able to communicate for months.

When we returned home later that day, our answering machine was full of messages from my five siblings all wondering what was going on with mom. She had picked up the phone and called each of them from the numbers in her head and had extensive conversations with each of them.

We were all in shock from this remarkable recovery of her memory and the restoration of her mental function from what had been considered incurable. Unfortunately, the recovery was temporary and only lasted about 24 hours, but nonetheless it was a complete reversal of her dementia for that period of time. To this day, no one has been able to explain how or why this happened. We wondered, at the time, and still wonder today if there may be a cure just around the corner.

This is only one scenario, and in the time since medical assistance in dying became legal, I have heard from constituents and observed cases where family members have been quite open about their aging parent or terminally ill family member. They have been open about how, at some point, the parent or family member is no longer the person they once were and no longer wants to carry on. I have heard how they want to be able to make the choice and should not be denied that choice.

In considering the legislation before us today, we must consider all of the people and lives that will be affected by our decision. It is a very difficult task when we are not able to hear all of the different scenarios, learn the details about symptoms and reasons for personal choices.

That is why I urge all members to consider what safeguards should be in place and if safeguards are not in the current text of bill, can it be amended so that our decision respects the needs and rights of our constituents and Canadians.

I will continue to open my mind and listen to what I hear from my constituents. I expect I might hear cases like mine where we were fortunate that when mom passed peacefully in her sleep a few months later, we did not have to make those difficult decisions. There are cases where a cure might be found soon for someone who is incurable today. There are cases where there is no hope for recovery and someone wants to ensure dignity is retained.

There are many other personal situations out there and as legislators, we must remember that. We have a duty to consider more than just our own personal opinions or those of the people close to us. We must be considerate of those who will be tasked with carrying out what we legislate. We must guard against any loophole or opportunity for this legislation to be exploited or abused, because we are literally legislating on matters of life and death here. Let us consider all of that in our deliberations.

Criminal CodeGovernment Orders

October 28th, 2020 / 5:35 p.m.


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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, I appreciate the member sharing his personal story about his mom. It is quite compelling to hear personal stories or to hear from individuals on all points on the spectrum as to why there is such a desperate need for the legislation and why it is very important we be so careful as we enter into this area, putting the checks and balances in place.

I had the opportunity to listen to all sides, as the member recommends we do, and put aside our personal thoughts, feelings, and maybe even situations, to get a fair assessment of the bigger picture. We have before us legislation that will move us forward. I suspect it will go to committee. Does the member have some very specific amendments he would like to see made to the legislation or is he more content to see it go to committee?

Criminal CodeGovernment Orders

October 28th, 2020 / 5:35 p.m.


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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, I appreciate the member is willing to listen to all of the personal scenarios that are out there. We certainly cannot hear them all. As he mentioned, there may be amendments moving forward. I do not think this is the correct place to get into exactly what specific amendments should be there. I would expect there would be amendments being moved if this bill gets to committee, and hopefully what comes out of that committee will be a bill that is respectful of the wishes of every Canadian.

Criminal CodeGovernment Orders

October 28th, 2020 / 5:35 p.m.


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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Mr. Speaker, I thank my colleague for his very poignant remarks.

I agree with him that we need to take the time to study the bill carefully. The Bloc Québécois was actually relieved that the bill excludes individuals suffering solely from a mental illness from eligibility for medical assistance in dying, since that aspect requires further reflection, study and consultation. We hope this will be completed at the Standing Committee on Health as soon as the motion moved by my colleague from Montcalm is adopted.

I would like to hear more from my colleague on that aspect.

Criminal CodeGovernment Orders

October 28th, 2020 / 5:35 p.m.


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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, I appreciate the comments regarding the mental health portion being left out of this bill. Certainly, mental health has become a much more talked about issue over recent years. That is a good thing. The mental health aspect, especially now during the COVID situation with people suffering from isolation more than any other time I have ever known and probably any of us have ever known, of medical assistance in dying certainly needs further discussion and may be addressed in further legislation in years to come.

Criminal CodeGovernment Orders

October 28th, 2020 / 5:35 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Mr. Speaker, I also want to thank the member for North Okanagan—Shuswap for his moving commentary on this bill. I want to reflect on what the member for Cypress Hills—Grasslands said, which is that all members of Parliament have sincerely held beliefs on the issues before us in this bill. What I would urge here is for us to make the distinction between the need for the larger review of medical assistance in dying, which was provided for in the original legislation, and that review unfortunately has not started, and what is actually in Bill C-7. While the member for North Okanagan—Shuswap was not really as guilty as some of his colleagues have been of doing this, I think there are some people who by using “death on demand” and “same-day dying” are distorting what is actually in Bill C-7. I think it behooves all of us, in order to have a respectful debate, that we talk about what is actually there. The bill still requires that someone be suffering from an incurable illness, intolerable suffering and irreversible decline, so I would urge all members, including this member, to keep in mind what is actually in the bill.

Criminal CodeGovernment Orders

October 28th, 2020 / 5:40 p.m.


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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, I certainly agree with the member that the review of the original Bill C-14, medical assistance in dying, needs to take place so there is a proper review of what has been happening since 2016 when it passed. As we move forward with this bill, we certainly need to be cautious and review it, because what we are dealing with here as legislators is the life and death of other people.

Criminal CodeGovernment Orders

October 28th, 2020 / 5:40 p.m.


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The Deputy Speaker Bruce Stanton

That is all the that we have for questions and comments.

Is the House ready for the question?

Criminal CodeGovernment Orders

October 28th, 2020 / 5:40 p.m.


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Some hon. members

Question.

Criminal CodeGovernment Orders

October 28th, 2020 / 5:40 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

On a point of order, Mr. Speaker, I am just a bit confused about the process here. Are we proceeding with the question now or is there somebody else is up to speak?

Criminal CodeGovernment Orders

October 28th, 2020 / 5:40 p.m.


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The Deputy Speaker Bruce Stanton

I thank the hon. member for Sherwood Park—Fort Saskatchewan. There was no time left in the five minutes for questions and comments. I then went to resuming debate and no person rose. Nor did I see any hands raised on the Zoom participants. Therefore, I proceeded to the question on the bill.

Does the member wish to make a speech on the matter?