Bill C-6 (Historical)

An Act to amend the Criminal Code (conversion therapy)

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.

Conversion Therapy

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, the fourth and final petition I am presenting today is on Bill C-6.

The petitioners who have signed this petition are supportive of efforts to ban conversion therapy. They are concerned about the definition of conversion therapy used in Bill C-6, in particular that the definition does not apply narrowly to practices that actually amount to conversion therapy and that it would substantively end up restricting private conversations, conversations that happen out of any kind of pseudo-clinical or therapeutic context.

The petitioners are calling on the government to fix the definition and work towards legislation that simply bans conversion therapy, noting that such a bill would certainly get the support of all members of this House.

[Dave MacKenzie, Conservative, Oxford, ON]

Mr. Speaker, I present petition number 43-2, signed by 1,169 constituents in my riding. Bill C-6 causes great concern. The term “conversion therapy” is vaguely defined in the bill. Under the bill, Canadian parents, religious leaders and teachers would be subject to prosecution under the Criminal Code. Children would be given an irresponsible amount of latitude to make major sexual and medical decisions that would have lifelong implications. The bill would discriminate against LGBTQ individuals seeking guidance and counselling toward heterosexual or cisgender behaviour, and would regulate choices that Canadian citizens should be permitted to make for themselves. Therefore, the petitioners call upon the House to protect the moral, religious, philosophical and sexual interests of the citizens of Canada by preventing the passage of this bill into law.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, the fourth and final petition is with respect to Bill C-6.

Petitioners are supportive of efforts to ban conversion therapy. Petitioners are highlighting problems with the definition of conversion therapy used in this bill. In particular, petitioners note that the bill refers to any effort to reduce sexual behaviour. There may be many cases where people of any sexual orientation would seek counselling or support in the context of a desire to reduce sexual behaviour. Petitioners argue that this should be a choice for an individual, but obviously have no tolerance for violent and degrading practices that would constitute conversion therapy. Petitioners want the government to ban conversion therapy and use a proper definition in the process.

I commend all four of these petitions to the consideration of my colleagues.

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Madam Speaker, I have two petitions to present today.

The first is in regard to Bill C-6, which is before the House being debated now. These individuals indicate that the definition needs to be fixed. It should state only to ban coercive, degrading practices that are designed to change a person's sexual orientation or gender identity. They indicate that as it is now, it expressly allows counselling and medical and surgical efforts to change a child's gender but prohibits support for a child seeking to detransition to his or her birth gender, and it could restrict the choices of LGBTQ2 Canadians concerning sexuality and gender by prohibiting access to any professional or spiritual support that is freely chosen by them to limit sex behaviour and detransition.

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, I rise to table a petition signed by Canadians who are concerned about Bill C-6.

The petitioners state that violent, coercive actions that seek to change someone's sexuality against his or her will are unacceptable, but the definition of conversion therapy in Bill C-6 is so broad that it captures instances that do not fit that description. They recognize the impact this bill would have on the choices available to Canadians, including the LGBT community.

The petitioners call on the House of Commons to do five things: ban coercive, degrading practices; ensure that no laws discriminate against Canadians by limiting the service they can receive; allow parents to speak with their children about sexuality and gender; allow free and open conversation about sexuality and sexual behaviour; and avoid criminalizing professional and religious counselling voluntarily requested and consented to by Canadians.

Receiving counsel from parents, teachers or counsellors can be healthy, and this bill must take into account the benefits of talk therapy to those struggling with their sexual orientation or gender identity. These conversations should not be limited by a government that simply cannot know and appreciate the unique needs of every individual. We must respect the choices individuals make in seeking counsel and support. Let us heed the words of these petitioners and fix the definition in Bill C-6.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, the second petition is about Bill C-6.

The petitioners support a ban on conversion therapy. They ask the government to fix the problems with the definition of conversion therapy to align that definition with definitions of conversion therapy that are used in other bans in other jurisdictions.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, the third and final petition I am tabling this morning is with respect to Bill C-6. The petitioners are very supportive of efforts to ban conversion therapy, but they are very concerned about the drafting of the bill, in particular the definition used for “conversion therapy”. The definition of conversion therapy used in Bill C-6 is like no other definition of conversion therapy used in other statutes, at other levels, that address this practice. The definition is erroneous in such a way that it would restrict private conversations—

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Madam Speaker, I have two petitions to present to the House today.

The first petition brings to the attention of the House that conversion therapy has historically referred to coercive, degrading actions that seek to change a person's sexual orientation or gender identity which are wrong and should be banned. Bill C-6 defines conversion therapy as “a practice, treatment or service designed to change a person's sexual orientation to heterosexual, to change a person's gender identity or gender expression to cisgender or to repress or reduce non-heterosexual attraction or sexual behaviour or non-cisgender gender expression”. This broad definition, the petitioners indicate, wrongly applies the label “conversion therapy” to a broad range of practices, including counsel from parents, teachers and counsellors encouraging children to reduce sexual behaviour.

Bill C-6 expressly allows counselling, medical and surgical efforts to change a child's gender, but prohibits support for a child seeking to de-transition to his or her birth gender. Bill C-6 could restrict the choices of LGBTQ2 Canadians concerning sexuality and gender by prohibiting access to any professional or spiritual support freely chosen to limit sexual behaviour or de-transition.

Petitioners are calling on the House of Commons to take the following actions: ban coercive, degrading practices that are designed to change a person's sexual orientation or gender identity; ensure that no laws discriminate limiting the services that individuals can receive; allow parents to speak with their own children and to set their own house rules; allow free and open conversations about sexuality and behaviour; and avoid criminalizing professional and religious counselling voluntarily requested and consented to by Canadians.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, the next petition I am presenting today is from Canadians across Canada who are concerned about Bill C-6 and the definition of conversion therapy.

Petitioners are calling on the government to fix the definition. They are also calling on the government to ban conversion therapy, a degrading practice designed to change a person's sexual orientation; ensure there are no laws discriminating against Canadians that would limit the services they could receive based on their sexual orientation; allow parents to speak to their own children about sexuality and gender, to set house rules about sex and relationships and to allow free and open conversations about sexuality and sexual behaviour; and avoid criminalizing professional and religious counselling voluntarily requested by consenting Canadians.

Comments by the Member for Cloverdale—Langley City

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, I rise to respond to a point of order raised by the member for Don Valley West, who is the Parliamentary Secretary to the Minister of Foreign Affairs, with regard to a question placed by the member for Cloverdale—Langley City in the debate on Friday on Bill C-6, conversion therapy.

This is not the first time I have had to respond to these kinds of statements in the House of Commons, unfortunately. What the member for Cloverdale—Langley City did was to hide behind biblical quotations to cast dispersions on gay members of the House of Commons. This is a very serious matter for me. I believe it is, in fact, a question of privilege. It makes it difficult for members of Parliament to do their jobs when they are subject to these kinds of accusations. It also makes it very difficult to encourage other Canadians to run for public office when these kinds of slurs are allowed in the House of Commons.

As I said, this is not the first time I have had to deal with this, unfortunately. On September 29, 2011, the previous member for South Surrey—White Rock—Cloverdale, Russ Hiebert, made a statement in S.O. 31s where he implied that because of my position on certain legislation, I was a friend of pedophiles. At that time, I stood in the House and objected to that statement, first, because as an adult survivor of child abuse, I took very strong offence to that kind of statement; and second, because once again it made it difficult for me to do my job as an MP when subjected to those kinds of accusations. The same excuse was used by the previous member for South Surrey—White Rock—Cloverdale in 2011, which is being used again, “Oh, I didn't really mean that. Someone has misunderstood because I didn't say word for word what I clearly implied in my statement.”

This does affect me as a serving member of the House. This affects all members of my community across the country when these statements are allowed to stand without apology or removal. I would ask the Speaker take this into very serious consideration and take appropriate action to ensure that this does not happen again in the House of Commons. That can only happen when a member is sanctioned for doing so.

[Rob Oliphant, Liberal, Parliamentary Secretary to the Minister of Foreign Affairs]

Mr. Speaker, I rise on a point of order.

On Friday, April 16, at the last sitting of this House, we had debate on Bill C-6, an act to amend the Criminal Code, conversion therapy. During the question-and-answer period following my speech opening the morning's debate, contrary to Standing Order 18, the member for Cloverdale—Langley City used language that was offensive to me and, in my understanding, to many other members of the House. While she did reach out to me on Friday evening to offer an apology for “any misunderstanding”, I am of the belief that such an apology should be made not just to me, but to all members of the House and to members of the LGBTQ2S community in Canada and around the world who have expressed their hurt and their anger at her inference.

In quoting Matthew 23:27, the member inferred that either I or all members of the LGBTQ2S community are “unclean”. As an ordained minister in the United Church of Canada, I am well aware that at its best this passage has been used to deride someone as a hypocrite. However, this passage, along with the whole of that particular chapter, has been used for centuries to bolster anti-Semitism and, very specifically, anti-Jewish sentiments. The misuse of this passage has led to misunderstanding, even hatred of Jews, by Christians, as pointed out by the famed theologian, Rosemary Radford Ruether, in her book, Faith and Fratricide. It is, however, the first time that I have heard it used to cast negative aspersions on members of my community. The biblical concept of unclean has long been disavowed by Jews and Christians alike, and there is certainly no place for it in this House, especially in the debate on important amendments to the Criminal Code, which will further recognize an attempt to heal the hurt perpetrated against lesbians, bisexual, gay, transgendered, queer and two-spirited people. We are not unclean.

I would ask that you, as the Speaker, request that the member apologize and withdraw those remarks, and that you also remind all members to be mindful of their words, which may be heard by other members and by many Canadians as being offensive.

Conversion Therapy

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Madam Speaker, I also want to present a petition brought to my attention in regard to Bill C-6. I will not read through all of the concerns, but I will highlight specifically two of today.

The petitioners say that Bill C-6 expressly allows counselling, medical and surgical efforts to change a child's gender, but prohibits support for a child seeking to detransition to his or her cisgender. The bill could restrict the choices of LGBTQ2 Canadians concerning sexuality and gender by prohibiting access to any professional or spiritual support freely chosen to limit sexual behaviour or detransition. There is also a concern about the definition of conversion therapy. We all agree that conversion therapy is wrong, but the bill fails to outline it properly so people are not caught in the crossfire, specifically in this case of those who choose to transgender and then detransition. There is also the concern around a child seeking to detransition.

[Tamara Jansen, Conservative, Cloverdale—Langley City, BC]

Madam Speaker, I am honoured to present a petition today concerning Bill C-6.

The petitioners recognize the need for a ban on harmful, degrading and coercive practices that seek to force people to change their sexual orientation. They also recognize, however, that the definition of conversion therapy used in Bill C-6 is not used by any medical body in the world and it is so imprecise that it will lead to the prohibition of forms of counselling that reduce unwanted sexual behaviour.

I am sure my colleagues can understand the damaging implications of this, and I remind them that committee witnesses testified that types of counselling this bill would ban actually saved their lives.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, the second petition is with respect to Bill C-6, a bill debated this morning.

The petitioners support banning conversion therapy. They have concerns about the definition, as written. They are calling on the government to ban coercive, degrading practices that are designed to change a person's sexual orientation or gender identity, to ensure that no laws discriminate against Canadians by limiting the services they can receive based on sexual orientation or gender identity, to allow free and open conversations about sexuality and sexual behaviour and avoid criminalizing professional and religious counselling voluntarily requested and consented to by Canadians.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, there have been discussions among the parties and if you seek it I think you will find unanimous consent to adopt the following motion: That, notwithstanding any Standing Order, Special Order or usual practices of the House: (a) the report stage amendment to Bill C-6, An Act to amend the Criminal Code (conversion therapy), appearing on the Notice Paper in the name of the Minister of Justice, be deemed adopted on division; (b) Bill C-6 be deemed concurred in at report stage on division; and (c) the third reading of Bill C-6 be allowed to be taken up at the same sitting.