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.

Criminal Code

[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.

[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?

[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.

[Kevin Lamoureux, Liberal, Parliamentary 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?

[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.

[Élisabeth Brière, Liberal, Parliamentary 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.

[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.

[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.

[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?

[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.

[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?

[Élisabeth Brière, Liberal, Sherbrooke, QC]

Madam Speaker, I thank my colleague for her important question.

The speech I gave this afternoon came from the heart. Where I come from, at home, we all live together and there is no difference between us. Everyone is happy, we love everybody and there are no barriers. That is how life goes.

I will now come back to conversion therapy. To go a little further with Bill C-6, I will say that everyone has the right to live their life as they are. Each individual must be accepted by society the way they are. The more we—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

Resuming debate.

The hon. Parliamentary Secretary to the President of the Queen's Privy Council for Canada.

[Kevin Lamoureux, Liberal, Parliamentary 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, like others, I do appreciate the words spoken by my colleague, who brings a very important personal perspective. She is right when she makes the assessment that all of us, every person living in Canada and around the world, have the right to be who we are. It is important. That is the reason I support Bill C-6. Conversion therapy is a degrading practice that targets vulnerable LGBTQ2 Canadians in an attempt to change their sexual orientation, gender identity or gender expression. It can lead to a life-long trauma.

The other day, I was listening to my colleague from Don Valley West and I really appreciated what he said. He put out a challenge to those individuals who might be thinking about voting against Bill C-6. I want to repeat verbatim what he said the other day. I would ask, in particular, for members of the Conservative caucus to listen to what he said. The member for Don Valley West said the following:

...I do expect every member in this House to truly wrestle with what it means for them to vote against this bill. If they say they are voting against it as a matter of conscience, then I believe they need to stare deeply into that conscience and ask themselves, “Why would I want to perpetuate an injustice against another human being, a friend, a colleague, a family member, a neighbour, a constituent, anyone who will be hurt by that action; hurt perhaps to the point of death?” Why would they not want to stand with the vulnerable, with the oppressed, with the stigmatized, with the people who need their help the most?

I listened, and I have heard a great deal of debate. For me, it is a human rights issue. I do believe there are many within the Conservative Party who see the true value behind Bill C-6, and I applaud them for whatever advocacy they might be able to provide within their own caucus. It sends a very powerful message to the population as a whole when the House of Commons is united, especially on issues such as this.

Bill C-6 has the potential to have a profoundly positive impact on our society. I would suggest to my Conservative friends, as I suggested to one of my New Democratic colleagues, that the time for passing this legislation is now. There is no need to indefinitely hold off on the passage of this legislation or put into place roadblocks that would see it prolonged.

I believe that the support of the House of Commons of a unanimous nature would go a long way in sending a strong and powerful message that we are all equals. When I listen to Conservatives speak on the bill, it seems to me that they oppose conversion therapy, yet they tend to want to focus on what I would suggest are issues that are not relevant as to why the bill should not pass. The concerns have been addressed.

This bill would not prevent conversations aimed at exploring a person's sexual identity, including conversations with friends, family members, teachers, social workers, psychologists, religious leaders and so on. Members of the Conservative caucus know that. If they did not, then they now do. If they believe that to be the case, they should be very specific as to why they think that because they are planting the seed of doubt.

Conversion therapy is rooted in the wrongful premise that sexual orientation, gender identity and gender expression can and should be changed to fit a narrow idea of what is normal or natural. This is the reason it is so important that, as legislators, we do what we can to ensure there is a sense of equality.

There are measures contained in the bill that are some of the most progressive and comprehensive responses, from a legislative perspective, to conversion therapy in the world. The government is also fulfilling a campaign commitment on conversion therapy, especially with respect to minors, to ensure that no one is subjected to this practice. We will continue to work with other stakeholders, provinces and territories in particular, to end conversion therapy in Canada.

Having been a parliamentarian for a few decades now, I can talk about the impact this has on our communities. I think of the individuals, the people who are put into such a position that the contemplation of suicide is very real and tangible. Sadly, it sometimes takes place, and this is because of outside pressures and people telling them they are not normal.

I believe that is so wrong. At the end of the day, as a community, we need to be accepting of all people. Ultimately, we need to strive to send that message collectively, and that would be a whole lot easier if we were to get support from all members of the House.

When I reflect on past years, there has been significant progress, whether in protests, particularly at the Manitoba legislature, or pride parades, which go beyond major cities and are now in smaller municipalities. However, there is still more to do. Bill C-6 is a strong, powerful step in the right direction.

Based, at least in part, on the correspondence I have received from people expressing concerns, I would remind them of what I said earlier. The bill would not prevent conversations aimed at exploring people's sexual identity, including conversations with friends, family and so on.

Hopefully I have been able to add to the discussion we are having on this. In particular, I call upon my Conservative friends to see the intrinsic value of this legislation and the impact we can have by having one voice on it.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Madam Speaker, first of all, conversion therapy is a human rights abuse, and I support many of the concepts my colleague just put forward. This will be a question from a Conservative MP to a Liberal MP about a provincial NDP policy.

I believe in Manitoba in 2015, the Manitoba legislature put in place policies to end the practice of conversion therapy. Given my colleague is a Winnipeg MP, I was wondering if he would maybe want to expand a bit on what he was talking about and how we can put policy in place to support the rights for equality of opportunity while ensuring other rights are protected.

I was wondering if he wanted to speak a bit about that in the context of the Manitoba provincial legislation and policy.