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 / 3:35 p.m.

Milton Ontario

Liberal

Adam van Koeverden LiberalParliamentary Secretary to the Minister of Diversity and Inclusion and Youth and to the Minister of Canadian Heritage (Sport)

Madam Speaker, I have a quote to read from the website of the United Church of Canada, which states that conversion therapy is a widely “discredited practice” of trying to change someone's “sexual orientation or gender identity” based on the premise that being gay or transgender is a disorder and can be cured. In policy and principle, the United Church of Canada affirms that human sexual orientation and gender at least are gifts from God.

I also would like to read from another website of GLA:D Canada, which goes into some detail about how many providers are frequently changing the terminology to avoid detection, that some of these terms can be changed to be harmless at first glance. It also details the reality that young members of the LGBTQ2S community are nearly 8.5 times more likely to attempt to commit suicide when subjected to harmful conversion therapy.

My colleague opposite referred to some legitimate practice. I would like to hear from the hon. member on what a legitimate practice might constitute if it does, in fact, aim to change somebody's gender identity or sexual orientation.

Criminal CodeGovernment Orders

May 31st, 2021 / 3:35 p.m.

Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, it is really important to just distinguish a few things. When individuals on their own have chosen to seek counselling for a specific issue, then it is incumbent that they get the counselling they are seeking. The way the member put the question is that somehow a counsellor will try to force a specific ideology or position upon an individual, which is not the case.

We want to see a situation where individuals who have a specific problem in their lives and want to receive counselling, trying to get to a specific outcome, that it is set by them, not the counsellor. We have to ensure that their ability to do that is not impacted. There have been concerns this bill would do that.

Criminal CodeGovernment Orders

May 31st, 2021 / 3:35 p.m.

NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, it is so unfortunate to hear my colleague make statements and quotes like “sexual behaviour counselling,” as if there is something inherently wrong in an individual living as who they are.

I am curious to know why my colleague violently opposes this fundamental human right and continues to utilize stereotypes and language that certainly do not help with the identity of people in the LGBTQ2IA community? They have much higher rates of suicide as a result of this kind of brutal rejection.

Criminal CodeGovernment Orders

May 31st, 2021 / 3:40 p.m.

Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, I would like to reiterate that there are a lot of people who have life-controlling issues, such as a person who is constantly cheating on their partner. They might want to seek counselling to help address that issue.

There has been a lot of feedback on this bill from a lot of different groups and organizations saying that a person who is a member of the LGBTQ community might not be able to get support if they are trying to honour their marriage or their union with their partner, and that because they have had an issue with extra-martial affairs, this is going to become a problem.

We want to make sure that they have equal access to counselling that all Canadians would have when they experience a life-controlling issue, such as cheating on their loved one.

Criminal CodeGovernment Orders

May 31st, 2021 / 3:40 p.m.

Independent

Derek Sloan Independent Hastings—Lennox and Addington, ON

Madam Speaker, the member opposite mentioned Keira Bell, as well as the chilling effect he believes this bill might have.

I feel that the Keira Bell case in the United Kingdom is a landmark case that we would do well to take a look at. It talks about what has been a common occurrence for some people: A young girl, as she gets older and her body begins to change, feels uncomfortable and dislikes it. She could go through a period of anxiety and depression, and someone could tell her that changing would be the way out. Keira Bell went through changes including a double mastectomy. She deeply regrets it.

Could this member comment on the chilling effect that he mentioned, and how that might impact more cases like Keira Bell's here in Canada with Bill C-6?

Criminal CodeGovernment Orders

May 31st, 2021 / 3:40 p.m.

Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, it is important that we consider testimony like that. We have heard from many people, including Dr. James Cantor, who is a member of the LGBTQ community.

He talked exclusively about the chill effect that it could have. I am going to quote him to make sure I get it right:

We will end up with clinicians...with a chill effect, simply unwilling to deal with this kind of issue; the service will become unavailable. Without a clear indication of what counts as an “exploration” and exactly what that means, anybody would have trouble going into this with the kind of confidence that a clinician needs in order to help their client.

He clearly points out that we want to make sure that a clinician has the full confidence to help somebody, particularly in that, where they have ability to take the time to make sure it is the right decision for them before they proceed, which in Keira Bell's case did not happen.

Criminal CodeGovernment Orders

May 31st, 2021 / 3:40 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, very quickly, does the member believe that we are who we are when we are born, or does he think that our sexual identity is a choice?

Criminal CodeGovernment Orders

May 31st, 2021 / 3:40 p.m.

Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, the issue of the debate here today is Bill C-6. We want to make sure that people have full and equal access to the same supports around them.

When we look at the bill, we want to make sure that we look at all the different briefs that were submitted before committee so that we have the opportunity to hear what everybody is saying. Because the government was rushing through its agenda, we did not have the chance to consider all the different briefs. We should be able to hear from all the different people who are talking about a lot of different situations that have arisen.

Criminal CodeGovernment Orders

May 31st, 2021 / 3:40 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I hope the hon. members are aware that the British case they have been citing is under appeal and is not settled law in Britain.

My question is for the member. If he is opposed to attempts at conversion therapy, why does he think that trying to repress someone's identity or repress their sexual orientation is an acceptable behaviour?

Where does he find anything in this bill, after it was amended, that would prevent conversations affirming people's choices?

Criminal CodeGovernment Orders

May 31st, 2021 / 3:40 p.m.

Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, what we want to see is that people have the ability to get the help that they are seeking on their own. We want to make sure they have the ability to get the help they need. That is what we are trying to do here today.

We are trying to raise concerns that Canadians, reaching out to our office, have had. I have heard from hundreds of Canadians who have the same concern. We want to make sure we have equal access to counselling. This bill is creating a situation where one group of Canadians could get certain types of counselling that they chose, and other types of Canadians could not get the counselling they would like to have.

Criminal CodeGovernment Orders

May 31st, 2021 / 3:45 p.m.

Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I will be sharing my time with the member for Kitchener—Conestoga.

Pride Month starts tomorrow in my home province of Ontario, and I can think of no more opportune time to be working on the passage of Bill C-6 in the House of Commons. During Pride, LGBTQ2 Canadians celebrate who they are and their freedom to identify how they wish and love whomever they want, but there remain those who would deny the LGBTQ2 community's basic rights: those who believe that sexual orientation, gender identity or gender expression can and should be changed to fit the narrow idea of what is “normal” or “natural” through the practice of conversion therapy. Bill C-6 would put an end to this.

By criminalizing the practice of conversion therapy, our government is making a statement. We are stating clearly that conversion therapy is degrading, abusive and discriminatory, and the lifelong trauma it causes must come to an end. I have heard this call from my constituents in Parkdale—High Park and from those who believe in equality and in ending stigma right around the country. On the eve of Pride 2021, I hope that all colleagues in the House can agree that a practice based on age-old myths and prejudicial stereotypes about the LGTBQ2 community has no place in Canada.

Now let me turn to the bill itself. It proposes reforms that would comprehensively protect children from the known harms of conversion therapy, and protect Canadians from commercialization of the practice and from being forced to undergo it.

These reforms were inspired by a growing movement against conversion therapy led by survivors and supported by community allies, researchers and experts, many of whom shared their knowledge and experiences with the Standing Committee on Justice and Human Rights as we studied the bill.

This broad body of work inspired important amendments at committee and highlighted the evidence-based findings, namely that conversion therapy is harmful to people subjected to it. Bill C-6 seeks to stop this affront to human dignity and is an integral part of our ongoing efforts to protect LGBTQ2 individuals.

As many have rightly pointed out, the origins of conversion therapy betray its discriminatory and harmful ends. I want to highlight the testimony of Jack Saddleback. When I was at the justice committee, he poignantly reminded us in his testimony of the history of conversion therapy in Canada. It is inextricably linked to the erosion of indigenous culture and understanding of gender and sexual diversity, and to the suffering of two-spirit youths in residential schools, which is something we have all been thinking about a great deal over the past several days. As we reflect on the harm this bill is intended to prevent, we cannot forget the personal intergenerational trauma endured by two-spirit individuals and the communities for whom “conversion” has often been synonymous with assimilation.

By the 1980s and 1990s, the practice of conversion therapy had become prominent in this country. Even as we adopted the charter in 1982 and strengthened our collective commitment to protecting the fundamental rights and freedoms of Canadians, the inherent dignity and quality of LGBTQ2 youths' and adults' lives continued to be threatened by interventions that vilified and pathologized their differences. These interventions sought to change who they were.

In his testimony and memoir, The Inheritance of Shame, survivor Peter Gajdics described in no uncertain terms the trauma he experienced as a gay man subjected to conversion therapy between 1989 and 1995. He recalled being virtually imprisoned in a “cult-like house” and subjected to prolonged sessions of primal scream therapy, near-lethal doses of medication and “re-parenting” sessions to heal his “broken masculinity”. When none of these methods worked, he was subjected to aversion therapy to suppress his homosexual desires. In his words, these were weapons selected to wage “a war against his sexuality”.

The names, means and methods of conversion therapy have changed over the years, often in an attempt to escape intensifying scrutiny and scientific condemnation. We heard this raised in the questions posed to the member for Cypress Hills—Grasslands. However, the practice's flawed and hateful premise has persisted: that LGBTQ2 persons' sexual orientation, gender identity and gender expression are disordered and must be “fixed” or “rehabilitated” in order for them to live fulfilling and worthy lives. The brief submitted to the justice committee jointly by Dr. Travis Salway and the research team at the Centre for Gender and Sexual Health Equity referenced this point.

In his report entitled, “Conversion Therapy in Canada: A Guide for Legislative Action”, Dr. Wells underscores this point. We also have evidence from the UN Independent Expert 2020 Report, which concluded that conversion practices “inflict severe pain and suffering, resulting in long-lasting psychological and physical damage [and] are inherently degrading and discriminatory. They are rooted in the belief that LGBT persons are somehow inferior and that they must at any cost modify their orientation or identity to remedy that supposed inferiority”.

The UN Independent Expert recognizes that all forms of conversion therapy are dehumanizing and harmful, regardless of whether they purport to make a person heterosexual or cisgender. The report echoes Florence Ashley's warning to Canadian legislators to “reject any attempt to separate trans conversion practices from gay conversion practices”.

As Florence Ashley notes in one of their briefs, “these practices share a history and significant overlap in their contemporary forms. Neither trans nor cisgender LGBQ can be adequately protected without fully protecting the other.”

That is precisely why the Standing Committee on Justice and Human Rights amended Bill C-6 in order to clarify that the bill has always sought to protect all LGBTQ2 communities.

Survivors and experts told us that the efforts to reduce and suppress the gender expression of transgender, queer and two-spirit people are part of broader interventions designed to “make” them cisgender. The amendments made to the bill's preamble and the definition of conversion therapy to include the mention of “gender expression” reflect the major concerns of all stakeholders.

In response to the experience and warnings of stakeholders with regard to the nature of conversion therapy, the Standing Committee on Justice also amended the offence regarding advertising in order to target the promotion of conversion therapy, namely the promotion of its underlying premise, which is hateful and unscientific.

The proposed offence clearly targets the discriminatory public messaging associated with the advertising of specific conversion therapy services and the promotion of conversion therapy in general.

I am very pleased that the justice committee strengthened this bill, despite many attempts by the official opposition to both delay the bill and stop it. I am particularly grateful to the survivors, advocates and allies who have come forward to inform the process. Through tireless advocacy, they have shed light on a glaring legislative gap in the protection of the inherent dignity and equality of all LGBTQ2 people. It is a gap that has allowed hateful narratives to fester and dehumanizing practices to go unchecked, and a gap that this legislation is carefully designed to fill.

Practices that negate the diversity of the human experience instead of celebrating that experience have absolutely no place in our country. Bill C-6 seeks to end such practices, including by promoting values that are fundamental to what it means to be Canadian: equality, dignity, diversity and respect for difference. Let us join together to further those values in support of Bill C-6.

Criminal CodeGovernment Orders

May 31st, 2021 / 3:50 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I would note parenthetically that the member said the bill was delayed at committee by Conservatives. However, the bill was passed in one meeting of clause by clause on the same day that many written briefs were received from witnesses. Passing the entire bill in one sitting can hardly be described as delaying the bill, especially since a day of debate has not been called for the bill in the House since then: over five months ago.

Our contention is that conversion therapy should be banned, and further that the bill misdefines the practice of conversion therapy so as to ban things that are not conversion therapy. In particular, and uniquely, compared with many other conversion therapy bans around the world as well as at the provincial and municipal levels, the bill includes as conversion therapy any effort, conversation or practice that has as its objective reducing sexual behaviour or non-cisgender expression.

I could think of many situations in which people may have a conversation that involves suggestions around reducing sexual behaviour or modifying sexual behaviour in certain contexts. That is not conversion therapy. A person saying to another person that they should be single for a while and take some time for themselves, or a person saying to another person any number of things about such a thing, is completely different from what conversion therapy actually is.

Will the member at least take seriously the arguments that are being made here that conversion therapy should be banned, but that Bill C-6 is flawed as a proposed law, and that the committee maybe should have read some of the written briefs that were submitted, which might have had some constructive suggestions about how to fix it?

Criminal CodeGovernment Orders

May 31st, 2021 / 3:55 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I thank the member opposite for his contributions, and I can assure him that, notwithstanding the efficacy of the clause-by-clause analysis, there were definitely efforts to delay and potentially stop this bill on the part of his colleagues.

With respect to the question he raised, what I would say is that we do take it seriously. We have said repeatedly that we are not aiming to prevent conversations that are aimed at exploring someone's identity, including conversations with friends, family members, teachers, social workers, psychologists, religious leaders and so on. That evidence came through at the committee meetings, which I attended in their entirety.

Criminal CodeGovernment Orders

May 31st, 2021 / 3:55 p.m.

Conservative

Tamara Jansen Conservative Cloverdale—Langley City, BC

Madam Speaker, the word “promotion” was added at the justice committee to the ban on advertising conversion therapy. Unfortunately, this wording encompasses simple verbal communication, meaning that even private conversation among family members would be included. Because of the government's broad definition of conversion therapy, which is not used anywhere else in the world, private conversations would then fall under their jurisdiction.

First, the Liberals want to regulate the internet under Bill C-10. Now they want to regulate private conversations in Bill C-6. Why does the Liberal government think it can tell Canadians what they can watch, post or discuss in the privacy of their own homes?

Criminal CodeGovernment Orders

May 31st, 2021 / 3:55 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I just find this unfortunate. Perhaps it feeds that member's narrative in her own riding to spread disinformation or untruths about what we were doing as a government, but Bill C-10 would not affect individual users of social media, which we have said about 45 to 50 times every day in the House of Commons.

This bill would not regulate private conversations with a parent, a teacher or a religious leader. What it does do is ban a harmful and degrading practice, whether it would be forced on an adult or performed on a minor. Those are important steps in 2021, when we believe that everyone has the right to be free to love whomever they want.