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

May 31st, 2021 / 12:30 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I agree with much of what the member said.

I followed the committee proceedings closely on this bill and noted with great respect the interventions of the Bloc member for Rivière-du-Nord. He also expressed some concerns about the definition as it was amended. It was not only Conservative members, it was also the Bloc member on the committee. He voted against an amendment from the NDP to add in gender expression. Here is what the member of the Bloc said at committee:

Let's say that, in the morning before going to school, an eight-year-old boy decides to wear a dress. His mother might say yes, or she might say no. Either way, if we use that definition, it would be a criminal offence for a mother to tell her son that she does not want him to wear a dress and to force him to wear pants. That's the definition we are about to adopt, and I see a problem with it.

That is a direct quote from the Bloc member for Rivière-du-Nord, who represents the Bloc on that committee, who had concerns about the definition and who listened to the witness testimony. The same Bloc member proposed a motion to delay clause by clause so the written briefings submitted could be reviewed by the committee.

I want to ask the member if she is in alignment with her Bloc colleague in terms of having some concerns about the reference to gender expression and other aspects of the definition and if she shares her colleague's concern about the lack of consideration of written briefs.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:30 p.m.


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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

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

We have stated, explained and spelled out what is included in the proposal we are studying today several times. The role of a committee is to go into detail and analyze the bill from top to bottom in order to be able to take action. As I clearly stated in my speech, we must make it illegal for parents and religious organizations to force individuals to undergo conversion therapy.

That is the least we can do. For now, it is clear that this practice must stop. We read it again earlier. Once the individual reaches adulthood, they will be able to make a voluntary choice. It is clearly indicated in the bill that that is the offence.

The other members are trying to stretch things out so that the bill dies on the Order Paper—

Criminal CodeGovernment Orders

May 31st, 2021 / 12:30 p.m.


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

Order. The hon. member for Vancouver East.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:30 p.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, there is no question that conversion therapy is an attempt to fix members of the SOGI community, and it is wrong. New laws alone will not be sufficient to repair the damages of the past from conversion therapy nor to combat the hate that underlies these programs.

Would the member agree that the government needs to fund capacity building within the SOGI community, so these challenges can be addressed by the community?

Criminal CodeGovernment Orders

May 31st, 2021 / 12:35 p.m.


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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, it is clear that, once this bill is adopted, we must start thinking about reparation for the sins of the past, because time is running out.

Our obligations should already have been recognized, as they were in Quebec. We spoke about the pandemic and mental health issues. Some 47,000 individuals were subjected to conversion therapy. As a society, we must make sure that these individuals are well and happy. I completely agree with my colleague.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:35 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, one of the interesting things is that the Bloc member who was on the committee at the time raised the concern that he did not feel the definition was clear enough. He said:

For example, I personally have not seen much done to clarify the proposed definition in clause 5 of the bill. I'm really concerned about that definition. All of the witnesses we heard from, regardless of their background, agree that the definition is unclear. Obviously, we all need to think about it.

When I had my practice, lawmakers were seen as godlike figures. Here, however, I find we are being a bit sloppy by doing a clause-by-clause study of the bill when we have not yet had time to read the briefs, thoughts and comments that members of the public have sent us.

For all these reasons, I suggest that we postpone the clause-by-clause study to a meeting after work resumes in January.

Does the member not agree with her colleague that we should perhaps have more fulsome study, so that all those briefs could be seen at committee?

Criminal CodeGovernment Orders

May 31st, 2021 / 12:35 p.m.


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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, as part of our first experiences in this legislature, we realize that some items are proposed in committee and others are added as we go along.

However, we must never forget where we started and why. The aim was to bring in an amendment that would make it an offence for a parent or religious entity to force a minor to undergo conversion therapy under the pretext that that is not the way they were born and they are possessed by a demon. Come on.

While sitting on the Standing Committee on Access to Information, Privacy and Ethics, I noticed that, whether we are discussing Pornhub or conflict of interest, the door is always wide open.

We must not forget that when we procrastinate bills die on the Order Paper and, unfortunately, we do not get anywhere. I am ashamed to be in this Parliament and let this bill die on the Order Paper.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:35 p.m.


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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Madam Speaker, I would like to thank my colleague from Laurentides—Labelle for her excellent speech, which was extremely humane and extremely moving, as always.

The leader of the Bloc Québécois said that the sooner LGBTQ2 individuals are given all the respect they deserve, like everyone else, the sooner we can do that, the sooner we should.

The bill is now at third reading. How does my colleague explain this sense of urgency?

We are in June, and this parliamentary session will soon end. We know that the Liberals are very eager to call an election. The proof is that they invoked closure to pass a bill to reform the Canada Elections Act.

Does my colleague feel this sense of urgency? Does she think the bill will be passed during this Parliament?

Criminal CodeGovernment Orders

May 31st, 2021 / 12:35 p.m.


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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, I could not agree more. If we want to show the respect and compassion of previous years, we need to act now. We are in the middle of an end-of-session blitz, we can do it; it is a matter of political will.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:35 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I am very happy to be speaking to Bill C-6 today, finally. Here we are more than a year after its introduction with the final version of Bill C-6 before the House for a final debate and vote. That is more than one year longer that this hateful and harmful practice has been allowed to go on.

Hopefully the fact that the bill has been before the House for debate has helped shine a light on the dark places where this so-called therapy takes place, as this is one practice that cannot stand much light. In the interim, many provinces and local governments have enacted bans of their own.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:40 p.m.


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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, I rise on a point of order. I would like to hear what my colleague is saying, but there is a problem with the interpretation.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:40 p.m.


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

The translation is not working. Let us try again.

The hon. member for Esquimalt—Saanich—Sooke.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:40 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I will start over, assuming the clock has been stopped.

I am very pleased to rise to speak to Bill C-6 today, finally. Here we are more than a year after its introduction with the final version of Bill C-6 before the House for a final debate and vote. That is more than one more year longer that this hateful and harmful practice has been allowed to go on.

Hopefully the fact that this bill has been before the House for debate has helped shine a light on the dark places where this so-called therapy takes place, as this is one practice that cannot stand much light. In the interim, many provinces and local governments have enacted bans of their own.

Hopefully this debate will conclude today so we can proceed quickly to a vote and send the bill to that other place, even though the other place has an unfortunate history of killing bills about sexual orientation and gender identity through delay.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:40 p.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I rise on a point of order. I am sorry to interrupt my fellow comrade, but I think he had a unanimous consent motion that he was hoping to move at the beginning of his speech. I wanted to see if the member was going to do that.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:40 p.m.


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

The hon. member for Esquimalt—Saanich—Sooke.