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

May 31st, 2021 / 12:50 p.m.

NDP

Niki Ashton NDP Churchill—Keewatinook Aski, MB

Madam Speaker, I want to thank my colleague for his trail-blazing work and advocacy on this front.

We all know well, or ought to know well, that transgender people in Canada face some of the highest rates of violence. I am wondering if my colleague could speak to how this bill would be critical in getting at that violent reality that so many transgender people face simply for being transgender, simply for being who they are. I hope all parliamentarians can get behind the notion that we need legislation to allow people to live who they are.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:55 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I thank the hon. member for her kind words.

The very fact that so-called conversion therapy is allowed to go on in the country contributes to homophobia, transphobia, biphobia and the very struggles that people face each and every day because it says that they are somehow illegitimate and should change. Making that very clear definition that, as Canadians, we accept people for who they are and we do not try to get them to deny their identity would be an important step forward in combatting homophobia and transphobia.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:55 p.m.

NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I am here today to speak on Bill C-6, a bill on conversion therapy and the sometimes deadly impacts it has.

I cannot help but take a pause before I start my speech to acknowledge the deep grief and pain across Canada due to finding the 215 bodies of children in a mass grave at a school in our country. Many elders have said to me that the first part of dealing with this is making sure we support those beautiful babies in moving safely to their ancestors' arms, so I am here in the House of Commons wanting to say we see these precious children and that their loved ones are fighting to make sure they are never silenced again. I say, “Please go home to the loving arms of the people there waiting and know we will continue here to do the work that must be done.” We love them, we see them; we are telling them to go home and be surrounded by love.

For too long, Canada has not listened to residential school survivors and to the loved ones of survivors who have told us again and again of the horrific things they witnessed. Value is a key word today. Enough fighting kids in court. They do not get a second childhood. How many indigenous children should lose their childhood? Enough making indigenous communities choose between clean drinking water and other essential needs. Why would anyone be asked to choose one or the other? Enough make indigenous people fight for basic human rights, rights every other Canadian receives.

Enough paternalistic mechanisms so embedded in the departments of Indigenous Services and Crown-Indigenous Relations that indigenous communities continue to be underserved and under-resourced, and self-determination is blocked every step of the way.

The ugliness of our colonial history is hard to hear. However, it is harder to live, so I encourage all non-indigenous people to listen hard and then work toward reconciliation as an ally, which really means following and amplifying the voices of indigenous people and communities in Canada.

I want to thank my granny, Minnie, who went to Lejac Residential School. She came back broken and working hard to build something better. To my amazing family, who works so hard every day to bring the culture back and to share it with the children, I see their work and I am so grateful.

I also want to say to my niece Daisy, who today, after my sister explained why we are all wearing orange, said to her mom, “Please, don't let them take me to residential school” that we are all going to work so hard, baby, to make sure that never happens. What a relief it is that, unlike indigenous parents and family members in the past, we do not have to be arrested or beaten just for the right to protect her.

Now I will go back to Bill C-6, which is such an important bill.

I believe love is love and that our sexuality and gender identity and expression is a spectrum and celebrating everyone on it is a key point of building community and our country. I am also a parent and a grandparent. I remember when I had my first baby and the overwhelming honour I felt at knowing this being was a gift to me, that my job was to do one thing, which was to do my very best every day to love them exactly the way they are. It is the most beautiful practice of parenthood, in my opinion, that of unconditional love.

Sometimes I struggle with my kids. They are themselves, and getting to know them, as they get to know themselves, can sometimes be challenging. When it is hard, I remind myself my number one job is to be their love foundation and that when they go into the world and face the challenges that are there for them, when they look at me they see someone who loves and believes in them.

I often tell my children they are the best part, because for me they are. Grandchildren, well, that is just a whole other level of being a love foundation.

This is what I think of when I speak today about a bill that would specifically criminalize subjecting a minor to conversion therapy, transporting a minor out of Canada for the purpose of conversion therapy, subjecting adults to conversion therapy against their will and the business of conversion therapy aimed at both minors and adults. This would include criminalizing advertising the service and charging for or profiting from the service.

Let me just say I am absolutely horrified anyone has been supported or paid to try to convince any soul that who they are is not okay. Teens who are exploring transitioning are being subjected to body-affirming therapy that attempts to tell them they should love the body they were born with instead of affirming they can be whoever they want to be and feel themselves to be at their core.

Who are we to tell anyone, much less a growing teenager, to accept their body as it is when that teen knows their body does not match their gender identity and they have felt wrong in their bodies their whole lives? Body-affirming therapy is wrong and must be included in this ban on conversion therapy.

The reality is that we live in a culture where hate toward the SOGIE, or sexual orientation, gender identity and expression, community still happens all too often. Young people know who they are but are terrified that, if they say anything, they will lose their love foundation. Some do. Some souls say who they are and they lose their foundation. For those beautiful people, we must keep speaking about this. They need to know that it gets better, and that there are many people out there with love in their hearts waiting to love and accept them.

Any form of conversion therapy, in my opinion, is deadly because it is trying to change someone's wholeness and their being. That is a wound I cannot imagine. Some are told that who they are at their very core is wrong, and are left by the very people who were meant to love them. I want to put on the record that members of the SOGIE community do not need to be fixed, and that it is impossible to change someone's sexual orientation, gender identity or expression through counselling or aversion therapy because there is nothing wrong with them. We know that these attempts at conversion therapy, which are really just torture, and any kinds of attempts to alter a person's sexual orientation, gender identity or expression are harmful. All acts of homophobia and transphobia lead to depression, social isolation, self-harm and even death by suicide.

An earlier speaker on this bill said that the SOGIE community is resilient. Despite the hate in the world, this community is resilient. I have seen this. The many annual Pride events in my riding are a great example. They are loving and powerful. I am so grateful for this. I want to stop the hate in Canada that this community has to be resilient against.

I hope that by getting this bill through the House and the Senate we shut down this horrific practice that harms people so deeply. I hope we all work toward finding love for one another. Life is beautiful, but it is also hard. Who someone is should not mean they have to build up another level of resilience or layer of armour to simply exist in the world. Nothing in this bill affects the ability of parents to discuss questions of sexual orientation, gender identity or expression with their children. It simply does not stop the conversations.

The “what if” argument I am hearing from the Conservatives is disappointing. What I would say is this. What if we lose one more member of the SOGIE community to suicide because they are being taught that who they are is not okay? I want to lean into that fear and work toward saving lives, because to me those lives are more precious and more important than fear. For me, this is a bill that says Canada is beginning to say no to anyone who is making money from or providing conversion therapy.

Recently, I was able to participate in a virtual event to recognize the International Day Against Homophobia, Transphobia and Biphobia hosted by the member for Esquimalt—Saanich—Sooke. I am so grateful for his leadership and hard work on this file. I was able to ask how to be the best ally I could. I will always remember what Brian Chang said. He said that people should advertise when they are allies. They should not just think about it: They should make sure they do all they can to make sure that the people who need to know do not have to ask. I have done my best to be that kind of ally: one who is not passive, but who reaches out and does the work as much as possible. I will always look for more input because I know that we can always do better.

It is hard to recognize that we still live in a world that is not safe for the SOGIE community. This was amplified even more in my riding in December of 2020, when a young person put up a website and followed up with an art exhibit at the Comox Valley Art Gallery. Mackai Sharp had the great bravery to share the story of homophobia he experienced in his community. He named his project “Kill Yourself”. I hope we all take a breath when we hear that.

Hate is a message that tells people who they are is not okay and that they do not belong. I want to continuously work toward a Canada that stops homophobia, biphobia and transphobia. I want a Canada that says clearly, “Love is beautiful. You matter. Your identity matters. Your sexuality matters. Your pronouns matter. Who you are matters.”

Criminal CodeGovernment Orders

May 31st, 2021 / 1:05 p.m.

Bloc

Mario Beaulieu Bloc La Pointe-de-l'Île, QC

Madam Speaker, I would like to get the member's opinion. Earlier, her NDP colleague said that the bill did not completely ban conversion therapy, which will remain legal for consenting adults. The bill prohibits forced conversion therapy for minors, as well as the advertising and marketing of such therapy, among other things.

Could my colleague tell me whether she thinks that the bill should have gone farther and completely banned conversion therapy?

Criminal CodeGovernment Orders

May 31st, 2021 / 1:05 p.m.

NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I think this bill goes forward to make sure that conversion therapy is no longer allowed. We need to continue to fight this and make sure there is no misinterpretation. We have to watch for that, because one of the challenges we see is that so many things are happening behind closed doors that should not be. Whenever a person is told that who they are is not okay and is made to feel less about themselves, we should always stand up and say that is not okay.

I agree that if people want to ask questions and want to have a conversation with a trusted person about things they are thinking about, as long as they are supported, it is something totally different from conversion therapy. I thank the member so much for his question. When we address any issue of groups that have been oppressed and harmed, we must always question and always know that the fight must continue.

Criminal CodeGovernment Orders

May 31st, 2021 / 1:05 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I thank the member for the many important things that she said, many of which I agree with.

I want to follow up on a question I had asked her colleague on the issue of the submission of written briefs. I asked him a two-part question and we only got to the response on the first part of it.

Many stakeholder groups submitted written briefs to the committee, and many of those briefs were given to members only on the day of. It was the contention of the Bloc member, and one I agreed with, that by refusing to delay clause by clause in order to allow it to look at these written briefs, the committee did not show much respect for the work of people who had studied the bill and submitted suggestions. Given that the government did not call this legislation for another five months, there would have been sufficient time for the committee to look at those briefs.

Why did the NDP vote against reviewing the many written briefs that were submitted before proceeding with clause by clause? There are many details in this bill. There might be good information about how things could be refined, expanded or adjusted in some way.

Why did the NDP not want to have those written briefs considered?

Criminal CodeGovernment Orders

May 31st, 2021 / 1:05 p.m.

NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I will remind the member that amendments were made to the bill that clarified some of the concerns brought forward. I would say it has been unfortunate how slowly this bill has moved through the House, largely because of Conservative interruption and Liberal interruption. People of the SOGIE community are dying because of these terrible practices. It is not okay, in Canada, to tell anyone that who they are is not okay. They have a right to exist and they have a right to exist safely. This bill starts that process in a meaningful way. We must get it to the next steps.

Criminal CodeGovernment Orders

May 31st, 2021 / 1:10 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, I believe that the government has prioritized this legislation. We have had a substantial number of pieces of legislation related to the pandemic and the budget, yet we want to see Bill C-6 pass.

Can the member provide her thoughts on how important it is to get opposition parties not only to speak, but also to take into consideration the passage of this important legislation?

Criminal CodeGovernment Orders

May 31st, 2021 / 1:10 p.m.

NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I absolutely agree with the member that we must get this through the House as soon as possible. Saving lives is important.

Criminal CodeGovernment Orders

May 31st, 2021 / 1:10 p.m.

Sherbrooke Québec

Liberal

Élisabeth Brière LiberalParliamentary Secretary to the Minister of Economic Development and Official Languages (Economic Development Agency of Canada for the Regions of Quebec)

Madam Speaker, I would like to inform the House that I will be sharing my time with the hon. member for Winnipeg North.

This afternoon, I am very pleased to be able to speak to the bill that is before us today. It is a very relevant and important bill, which, without exaggeration, has the potential to save lives.

I feel very strongly about Bill C-6, an act to amend the Criminal Code with regard to conversion therapy. My son Nicolas is a PhD student in chemistry. He likes to play sports, sail and do all sorts of other great things. These are the traits that characterize him and set him apart from others. My son is also gay. I can say that I am proud to live in a society and a country that does not characterize people based on their sex, gender or sexual orientation. This bill deals with a subject that is very personal to me and so my emotions may get the better of me during my speech.

Nevertheless, in the next few minutes, I will attempt to illustrate why Bill C-6 is an excellent bill, especially why it is truly essential, and why it is, in my humble opinion, high time we legislate on this issue.

For a long time, homosexuality was considered immoral, deviant and even criminal. Some still hold those views today, and I will refrain from citing some truly appalling speeches heard recently in the House on this subject. Some people think that homosexuality is not genetic. They believe it is caused by a trauma, the influence of an evil spirit, or a disorder linked to gender identity. Others believe that homosexuality is a choice, and therefore it can be changed, or that it is a mental disorder. There are those who would argue that it is a sin that must be resisted or a demon that needs to be exorcised.

Historically, many methods have been employed to punish or cure homosexuality: riding a bike to the point of exhaustion, applying electrodes, administering chemical substances, or psychoanalytic therapy.

Conversion therapy started to emerge in the 1990s. Let us be clear about what conversion therapy is. Conversion therapy aims to change an individual's sexual orientation to heterosexual, specifically in order to reduce or repress non-heterosexual attraction or sexual behaviours, or to change an individual's gender identity to match the sex he or she was assigned to at birth.

Sexual reorientation practices aim to silence the individual's diversity in favour of a specific sexual orientation, namely heterosexuality. Framing sexual orientation as a choice within a binary system is, in the end, just another argument used to legitimize the homophobic nature of sexual reorientation practices.

How can conversion therapy still exist in 2021, after great advances like legalizing gay marriage and making it possible for same-sex couples to adopt? That is why we need to legislate on this issue.

What does this bill really do? Our colleagues across the aisle have raised a number of concerns about the bill, which is why it is important to set the record straight. If passed, the legislation would prohibit conversion therapy for minors and make it illegal to transport a minor outside of Canada for such therapy. It would also make it illegal to subject adults to conversion therapy against their will.

Lastly, the bill makes it illegal to profit from or advertise conversion therapy.

I want to send a clear message to my colleagues. We must vote with full knowledge of the facts. Private conversations between a parent and child, or between two people, are not and will not be prohibited. Supporting someone who is genuinely questioning their sexual orientation is legitimate. However, encouraging these individuals to repress their same-sex attraction is not the right solution. Instead, they should be supported in fighting the homophobia they may have internalized. That is why we introduced Bill C-6.

Conversion therapy is based on the false premise that an individual's sexual orientation and gender identity and expression can and must change to conform to an extremely narrow and outdated view of what is “natural” or “normal”.

Despite the decriminalization and depathologization of homosexuality, there are still quite a few organizations that provide treatments to “heal” homosexuality. Those who carry out rites, prayers or exorcisms generally do not do so openly. They say they deliver or liberate people from the demon of homosexuality.

The evidence collected has exposed situations where people are forcibly confined, assaulted and experience outright physical and emotional abuse. Furthermore, it has been shown that parents fail to ensure the safety and development of their children by encouraging them to participate in practices of sexual reorientation because they knew that third parties could emotionally and physically mistreat them.

Several experts, including psychiatrist Richard Montoro, have stated that providing conversion therapy is tantamount to homophobia and is a serious threat to health and fundamental rights. This type of therapy has cognitive and social consequences and can lead to anxiety, depression and even suicidal ideation.

The Pan American Health Organization has said that there is no medical justification for conversion therapy. When I met with them, representatives from organizations in my community, such as GRIS Estrie and Fière la fête, all said that this is an unjustifiable practice that must be denounced and subject to sanctions.

It is absolutely essential that we help people accept their sexual orientation, rather than encouraging them to fight their homosexuality, often in a homophobic and heterosexist social environment.

We cannot change the past, but I hope that this discussion will help advance gender and sexual diversity rights, in the hopes of building a fairer society. It is a positive for someone who is homosexual to say that they are lucky because they are accepted by their family, friends and community, but we can do so much better. The fact that someone even has to say these things is proof of widespread prejudice.

When I read the letter my son wrote to tell us he was gay, I cried. I cried because of the world and its prejudice. I cried because this world, which claims to be egalitarian, categorizes people and still places white heterosexual men on a pedestal.

Consider all of the discrimination packed into those three little words: white heterosexual men. We have seen too many examples of this in the news in recent months. We are living in a society where people who are different are at best marginalized and, at worst, abused and killed. That is why minorities always have to fight to maintain and build on their gains. Despite our efforts to change things, are we still be intolerant of difference?

Let us hope that this vote will prove the opposite. Conversion therapy is a destructive, cruel and deadly practice. It has no place in Canada or anywhere else.

Criminal CodeGovernment Orders

May 31st, 2021 / 1:20 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, I want to thank my colleague for giving her son, Nicolas, such a wonderful, welcoming, supportive home to live in. She is so right in saying that anyone from the SOGIE community should not have to say that they were lucky because they were raised in such a way; it should just be how our society is.

I would like to give the member a little more time, as the mother of a gay son, to say why bills like this are important to ensuring that this stigma is reduced for all Canadians and that those barriers to equality of opportunity can be removed, because love is love and whom one loves should not determine one's path to equality in Canada.

Criminal CodeGovernment Orders

May 31st, 2021 / 1:20 p.m.

Liberal

Élisabeth Brière Liberal Sherbrooke, QC

Madam Speaker, I thank my colleague for giving me time to speak a little more about Bill C-6.

Every individual should be able to be who they are. We are who we are, the way we were born. Living in an open society where everyone is accepted as they are requires great openness, and that is what makes our communities strong. In my opinion, Canada’s strength is that it accepts difference and diversity.

Criminal CodeGovernment Orders

May 31st, 2021 / 1:20 p.m.

Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Madam Speaker, I would like to thank the hon. member for her testimony, which says it all. I would also like to thank her for sharing a more personal story with us.

In October 2020, the Quebec government tabled a bill in this respect. The justice minister said that conversion therapy was a barbaric practice, and my colleague corroborated this through the examples she gave.

I would like to ask my colleague a question.

Why does she think such a bill was not passed unanimously?

Criminal CodeGovernment Orders

May 31st, 2021 / 1:20 p.m.

Liberal

Élisabeth Brière Liberal Sherbrooke, QC

Madam Speaker, I would like to thank my colleague for her question.

Attitudes change over the years and decades. The fact that LGBTQ2+ communities are more engaged in raising awareness and are more visible in every sphere of life once again demonstrates Canadians’ openness. In my opinion, attitudes had to change if there was to be an equal place for everyone. It is because of ongoing efforts and our way of doing things that we have made it this far. It is high time that we passed Bill C-6 and prohibited conversion therapy in Canada.

Criminal CodeGovernment Orders

May 31st, 2021 / 1:20 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, I want to thank the member for her very moving speech. I would particularly like to recognize her for sharing her personal story of her family with us. This bill is so important to ensure that everyone is accepted for who they are. That is what this bill is about.

With respect to conversion therapy, one of the issues that New Democrats want to see is to include body-affirming therapies also banned. Does the member agree with that premise? If so, what work does she think needs to be done to get the government moving in that direction?