This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.
David Lametti Liberal
In committee (Senate), as of June 28, 2021
(This bill did not become law.)
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.
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.
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
Madam Speaker, I thank the hon. NDP whip for reminding me that I have to ask for consent to share my time with the member for North Island—Powell River.
The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes
Does the member have unanimous consent?
The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes
The hon. member for Esquimalt—Saanich—Sooke.
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
Madam Speaker, conversion therapy has been found by all experts to be fraudulent and harmful. It is not sanctioned by any professional organization and many Canadians are surprised this practice still goes on in Canada. However, we heard powerful testimony at the justice committee, documenting the fact that conversion therapy still took place in both what I would call its traditional form, focusing on sexual orientation, and in a new form that argues that those who are transgender, non-binary or gender diverse ought to be talked out of their personal identity.
The New Democrats and almost all members of the SOGI community have long been calling for a complete ban on conversion therapy in all its forms. What we have before us, after amendments at the committee, is a bill that comes close to a complete ban, as close as possible without actually being one.
The Minister of Justice has repeatedly said that the reason for not going ahead with a complete ban is his fear that it would not survive a charter challenge on the basis that it would restrict the rights of consenting adults to freely choose to subject themselves to conversion therapy.
There is an alternative argument that says a complete ban would indeed likely survive a charter challenge because there are strong legal precedents that argue that no one can actually consent to being defrauded or injured. The clearest parallel in the Criminal Code is the case of fight clubs, which remain illegal, as one cannot consent, no matter how freely, to being physically injured. Therefore, if the evidence is undeniable that conversion therapy is inherently fraudulent and harmful, the same legal principles should apply.
What is banned in Bill C-7? The strongest provision in the bill is a complete ban for minors, including the offence of transporting a minor outside the country to undergo conversion therapy, which is a much more common practice than most Canadians would assume.
Growing up in a society that remains heteronormative and intolerant of any challenges to the binary cisgender norms is challenging enough for queer youth without ending up being pressured into therapy whose goal is to get them to deny who they actually are.
Though Bill C-6 does not institute a complete ban on conversion therapy, it will establish an effective ban on the practice as it prohibits generally what might be called the business practices around conversion therapy. This means there will be a ban on charging for, or profiting from, conversion therapy and a ban on paid or unpaid advertising of conversion therapy.
Working together at committee, we did strengthen Bill C-6, although the Conservatives are acting like no amendments actually took place at committee. One of the most important improvements was to alter the original language in Bill C-6, which proposed banning conversion therapy “against a person's will”. This was vague language with no parallel elsewhere in the Criminal Code of which I know. My amendment was adopted to change this language to a ban on conversion therapy “without consent”.
Using the language of without consent clearly situates the ban on conversion therapy within the well-understood and well-developed Canadian jurisprudence on what does and does not constitute consent. I was disappointed that a second amendment, which sought to spell out the specific limitations on consent that would apply in the case of conversion therapy, was defeated. The testimony we heard from survivors about the kinds of duress they were almost universally under to subject themselves to conversion therapy would clearly obviate any claim of consent.
The second important improvement made at the justice committee was to expand the scope of the definition of conversion therapy to include gender identity and gender expression. This makes the language in Bill C-6 consistent with our existing human rights legislation and the hate crimes section of the Criminal Code as amended by Bill C-16. This is important as the new forms of conversion therapy I mentioned are directed at transgender and gender diverse individuals and at the attempt to get them to deny their gender identity under the guise of helping individuals “adjust”.
A third change to Bill C-6 made at committee was to add to the definition of what was in effect a for greater certainty clause stating what was not covered in the ban, something the Conservatives say they wanted and something they are certainly ignoring as it is now in the bill.
Bill C-6 now makes clear that it does not ban good faith counselling. Let me cite the specific definition again, as I did in my question earlier, as it could not be more clear. This definition “does not include a practice, treatment or service that relates to the exploration and development of an integrated personal identity without favouring any particular sexual orientation, gender identity or gender expression.” That is specifically in the bill.
Opponents of Bill C-6 continue to insist that the bill will somehow prevent conversations between parents and children or pastors and their faithful on the topics of sexual orientation or gender identity. There is no truth to this claim. The only way these conversations could be captured is if, in fact, they were part of a sustained effort to change someone's sexual orientation or gender identity that constitutes a practice or service under the bill. It would be a giant stretch to characterize efforts of parents or pastors to “try to talk their kids out of it” as a practice, service or therapy.
The vehemence of the debate on Bill C-6 around gender identity certainly reflects the fact that trans and gender-diverse Canadians face the highest levels of discrimination of any group in Canada. That discrimination results in high levels of unemployment, difficulties in accessing housing and high levels of violence, including the murder of two transgender Canadians in the last year alone, just for being trans.
During hearings in committee there was a wave of hatred expressed toward me as an individual on social media, which showed me the level of hostility generally toward trans and gender-diverse people in our country. The insults thrown at me ranged from interfering with parental rights to supporting mutilation of children and, most absurdly, being in the pay of big pharma, apparently because transitioning involves hormones. That is a particularly ill-informed charge against someone who has fought all my time in public life for reducing the power of pharmaceutical companies through shorter patents, expanded use of generics, bulk-buying to bring down costs and, ultimately, the establishment of universal pharmacare.
Those insults also included direct threats of violence directed at me, but, again, I remind myself that the hatred I saw, and will inevitably see again after this speech today, provided only a small glimpse into what transgender and gender-diverse Canadians face every day of their lives.
Many of those objecting to the bill have used what I call a “false detransitioning narrative”. To be clear, I am not rejecting the validity of the stories of individuals who may have chosen to detransition, but opponents of Bill C-6 have adopted those stories to construct a false narrative about the number who choose to detransition and their reasons for doing so. Professional, peer-reviewed studies from the U.K. and Scandinavia tell us that very few transgender people actually later detransition. Both major studies cite a number of fewer than five in 1,000 who detransition, and, even more interesting, both studies report that most of them say they detransitioned not because it was not right for them, but because they did not get support from family, friends and the community they live and work in.
The implication by critics seems to be that there is something in this bill that would prevent counselling concerning detransition, when this is absolutely not the case. Using the detransition narrative to detract Bill C-6 is false, in that I am pretty sure this argument often actually has nothing to do with the ban on conversion therapy being proposed; it is an argument about the very validity of transgender Canadians.
Let me say that I find these arguments against the bill, and being at my most charitable, are at a minimum parallel, if not identical, to those that continue to cause harm to trans and gender-diverse Canadians, and they indicate why we need this ban. At some point, some might ask why have a bill at all, when CT is universally condemned as fraudulent and harmful. Again, as many members have pointed out, studies show that literally tens of thousands of Canadians have been subjected to this practice.
It is important to listen to the voices of survivors of conversion therapy; only then can we understand the need for this bill. Once again, I want to extend personal thanks to two survivors, Erika Muse and Matt Ashcroft, who spent a lot of time with me trying to give me a better understanding of the horrors they faced and their own challenging roads to recovery.
On a personal note, let me say again that I have seen progress in my lifetime for some in the sexual orientation and gender identity community, but we have a much longer road to follow when it comes to those who are transgender and gender-diverse. What a ban of conversion therapy really says is this: we know it is impossible to change someone's sexual orientation, gender identity and expression, and trying to change or repress one's identity is harmful. Let's stop literally torturing young Canadians for being who they are. Let's put an end—
The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes
I will have to ask the hon. member to continue his points in the questions and comments.
The hon. member for Saanich—Gulf Islands.
Elizabeth May Green Saanich—Gulf Islands, BC
Madam Speaker, I want to thank my hon. colleague from Esquimalt—Saanich—Sooke for his championing of the rights of the LGBTQ+ two-spirit community. I am horrified as he shares with us the abuse he has experienced for standing up for trans rights.
The only problem I have with Bill C-6 is why we call a practice that is clearly torture something called “therapy”. Is it not time to stop calling residential schools “schools” and call them what they were? Is it not time to call what is called “conversion therapy” abuse and torture?
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
Madam Speaker, I could not agree with the member more. I thank her, since I ran out of time in my speech, for drawing the parallel to what happened at residential schools. I, of course, share the horror and the need for us to act resolutely on the news that we heard from Kamloops this week.
All the professional studies show that conversion therapy results in depression, self-harm, suicide attempts and many actual deaths by suicide. There is no science behind this practice, there is no reason to continue to call it therapy and that is one of the reasons it should be banned.
Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB
Madam Speaker, I would put two points to my colleague. One is around the definition of what constitutes a practice. The word “practice” is not defined in the Criminal Code. One of the issues in outstanding ambiguity and why people are concerned about how this would impact private conversations about questions around sexuality, for example, is that the reference to a treatment, practice or service could include things that are not in a pseudo-therapeutic context.
I also want to ask the member why he opposed allowing for all of the written briefs to be reviewed before clause by clause began. Should we not, as legislators, have the humility to recognize that there may be new information in those written briefs and it is worth—
The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes
The hon. member for Esquimalt—Saanich—Sooke.
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
Madam Speaker, this question from a Conservative is a good example of what Conservatives are doing here. They continually try to muddy the waters by talking about terms and definitions.
It is very clear what this bill aims to ban, and that is sustained efforts to get someone to change or repress their sexual orientation and gender identity. There is no doubt about the purpose of this bill. There is no doubt about what is covered in this bill.
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.
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.
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.”
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?