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.

Conversion Therapy

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, the second petition is about Bill C-6.

The petitioners support a ban on conversion therapy. They ask the government to fix the problems with the definition of conversion therapy to align that definition with definitions of conversion therapy that are used in other bans in other jurisdictions.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, the third and final petition I am tabling this morning is with respect to Bill C-6. The petitioners are very supportive of efforts to ban conversion therapy, but they are very concerned about the drafting of the bill, in particular the definition used for “conversion therapy”. The definition of conversion therapy used in Bill C-6 is like no other definition of conversion therapy used in other statutes, at other levels, that address this practice. The definition is erroneous in such a way that it would restrict private conversations—

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Madam Speaker, I have two petitions to present to the House today.

The first petition brings to the attention of the House that conversion therapy has historically referred to coercive, degrading actions that seek to change a person's sexual orientation or gender identity which are wrong and should be banned. Bill C-6 defines conversion therapy as “a practice, treatment or service designed to change a person's sexual orientation to heterosexual, to change a person's gender identity or gender expression to cisgender or to repress or reduce non-heterosexual attraction or sexual behaviour or non-cisgender gender expression”. This broad definition, the petitioners indicate, wrongly applies the label “conversion therapy” to a broad range of practices, including counsel from parents, teachers and counsellors encouraging children to reduce sexual behaviour.

Bill C-6 expressly allows counselling, medical and surgical efforts to change a child's gender, but prohibits support for a child seeking to de-transition to his or her birth gender. Bill C-6 could restrict the choices of LGBTQ2 Canadians concerning sexuality and gender by prohibiting access to any professional or spiritual support freely chosen to limit sexual behaviour or de-transition.

Petitioners are calling on the House of Commons to take the following actions: ban coercive, degrading practices that are designed to change a person's sexual orientation or gender identity; ensure that no laws discriminate limiting the services that individuals can receive; allow parents to speak with their own children and to set their own house rules; allow free and open conversations about sexuality and behaviour; and avoid criminalizing professional and religious counselling voluntarily requested and consented to by Canadians.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, the next petition I am presenting today is from Canadians across Canada who are concerned about Bill C-6 and the definition of conversion therapy.

Petitioners are calling on the government to fix the definition. They are also calling on the government to ban conversion therapy, a degrading practice designed to change a person's sexual orientation; ensure there are no laws discriminating against Canadians that would limit the services they could receive based on their sexual orientation; allow parents to speak to their own children about sexuality and gender, to set house rules about sex and relationships and to allow free and open conversations about sexuality and sexual behaviour; and avoid criminalizing professional and religious counselling voluntarily requested by consenting Canadians.

Comments by the Member for Cloverdale—Langley City

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, I rise to respond to a point of order raised by the member for Don Valley West, who is the Parliamentary Secretary to the Minister of Foreign Affairs, with regard to a question placed by the member for Cloverdale—Langley City in the debate on Friday on Bill C-6, conversion therapy.

This is not the first time I have had to respond to these kinds of statements in the House of Commons, unfortunately. What the member for Cloverdale—Langley City did was to hide behind biblical quotations to cast dispersions on gay members of the House of Commons. This is a very serious matter for me. I believe it is, in fact, a question of privilege. It makes it difficult for members of Parliament to do their jobs when they are subject to these kinds of accusations. It also makes it very difficult to encourage other Canadians to run for public office when these kinds of slurs are allowed in the House of Commons.

As I said, this is not the first time I have had to deal with this, unfortunately. On September 29, 2011, the previous member for South Surrey—White Rock—Cloverdale, Russ Hiebert, made a statement in S.O. 31s where he implied that because of my position on certain legislation, I was a friend of pedophiles. At that time, I stood in the House and objected to that statement, first, because as an adult survivor of child abuse, I took very strong offence to that kind of statement; and second, because once again it made it difficult for me to do my job as an MP when subjected to those kinds of accusations. The same excuse was used by the previous member for South Surrey—White Rock—Cloverdale in 2011, which is being used again, “Oh, I didn't really mean that. Someone has misunderstood because I didn't say word for word what I clearly implied in my statement.”

This does affect me as a serving member of the House. This affects all members of my community across the country when these statements are allowed to stand without apology or removal. I would ask the Speaker take this into very serious consideration and take appropriate action to ensure that this does not happen again in the House of Commons. That can only happen when a member is sanctioned for doing so.

[Rob Oliphant, Liberal, Parliamentary Secretary to the Minister of Foreign Affairs]

Mr. Speaker, I rise on a point of order.

On Friday, April 16, at the last sitting of this House, we had debate on Bill C-6, an act to amend the Criminal Code, conversion therapy. During the question-and-answer period following my speech opening the morning's debate, contrary to Standing Order 18, the member for Cloverdale—Langley City used language that was offensive to me and, in my understanding, to many other members of the House. While she did reach out to me on Friday evening to offer an apology for “any misunderstanding”, I am of the belief that such an apology should be made not just to me, but to all members of the House and to members of the LGBTQ2S community in Canada and around the world who have expressed their hurt and their anger at her inference.

In quoting Matthew 23:27, the member inferred that either I or all members of the LGBTQ2S community are unclean. As an ordained minister in the United Church of Canada, I am well aware that at its best this passage has been used to deride someone as a hypocrite. However, this passage, along with the whole of that particular chapter, has been used for centuries to bolster anti-Semitism and, very specifically, anti-Jewish sentiments. The misuse of this passage has led to misunderstanding, even hatred of Jews, by Christians, as pointed out by the famed theologian, Rosemary Radford Ruether, in her book, Faith and Fratricide. It is, however, the first time that I have heard it used to cast negative aspersions on members of my community. The biblical concept of unclean has long been disavowed by Jews and Christians alike, and there is certainly no place for it in this House, especially in the debate on important amendments to the Criminal Code, which will further recognize an attempt to heal the hurt perpetrated against lesbians, bisexual, gay, transgendered, queer and two-spirited people. We are not unclean.

I would ask that you, as the Speaker, request that the member apologize and withdraw those remarks, and that you also remind all members to be mindful of their words, which may be heard by other members and by many Canadians as being offensive.

Conversion Therapy

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Madam Speaker, I also want to present a petition brought to my attention in regard to Bill C-6. I will not read through all of the concerns, but I will highlight specifically two of today.

The petitioners say that Bill C-6 expressly allows counselling, medical and surgical efforts to change a child's gender, but prohibits support for a child seeking to detransition to his or her cisgender. The bill could restrict the choices of LGBTQ2 Canadians concerning sexuality and gender by prohibiting access to any professional or spiritual support freely chosen to limit sexual behaviour or detransition. Their is also a concern about the definition of conversion therapy. We all agree that conversion therapy is wrong, but the bill fails to outline it properly so people are not caught in the crossfire, specifically in this case of those who choose to transgender and then detransition. There is also the concern around a child seeking to detransition.

[Tamara Jansen, Conservative, Cloverdale—Langley City, BC]

Madam Speaker, I am honoured to present a petition today concerning Bill C-6.

The petitioners recognize the need for a ban on harmful, degrading and coercive practices that seek to force people to change their sexual orientation. They also recognize, however, that the definition of conversion therapy used in Bill C-6 is not used by any medical body in the world and it is so imprecise that it will lead to the prohibition of forms of counselling that reduce unwanted sexual behaviour.

I am sure my colleagues can understand the damaging implications of this, and I remind them that committee witnesses testified that types of counselling this bill would ban actually saved their lives.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, the second petition is with respect to Bill C-6, a bill debated this morning.

The petitioners support banning conversion therapy. They have concerns about the definition, as written. They are calling on the government to ban coercive, degrading practices that are designed to change a person's sexual orientation or gender identity, to ensure that no laws discriminate against Canadians by limiting the services they can receive based on sexual orientation or gender identity, to allow free and open conversations about sexuality and sexual behaviour and avoid criminalizing professional and religious counselling voluntarily requested and consented to by Canadians.

Motions in Amendment

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, it is an honour to speak to Bill C-6, an act to amend the Criminal Code to ban conversion therapy.

Let me say at the outset that conversion therapy is absurd. It is wrong, and it is harmful. Conversion therapy should be banned. Individuals who perpetrate such harmful acts and seek to coercively change someone's sexual orientation or sexual identity should be held accountable to the fullest extent of the law under the penalty of the Criminal Code. I unequivocally support the purported objective of this legislation, which is why I voted for Bill C-6 at second reading.

I did so notwithstanding the fact that I did have some concerns with the manner in which the bill was drafted. In particular, I had concerns that the definition of conversion therapy was vague and overly broad, and that it could capture not only those circumstances that involve coercive, abusive or otherwise harmful efforts to change someone's sexual orientation or identity, but could also more broadly encapsulate such things as good-faith conversations.

Nonetheless, because I unequivocally support the purported objective of the bill, I was hopeful, as a member of the justice committee, that we could come together at committee to study the bill in detail, hear from a wide range of witnesses and bring forward appropriate amendments where necessary to get the definition right.

It goes without saying that if we are to carve out any law in the Criminal Code to ban conversion therapy, it is absolutely imperative that we get the definition right. At committee, many of the concerns I had with the way in which the bill had been drafted were expressed by a wide range of witnesses, including members of the LGBTQ community, lawyers, medical professionals and members of the clergy.

More specifically, with respect to the definition and some of the issues that arise therefrom, I would first of all note that in the bill, conversion therapy is defined as any “practice, treatment or service”. These terms are not defined anywhere in the Criminal Code, and it should be noted that nowhere in the bill are these terms qualified in order to provide the context in which the practice, treatment or service would apply. Although these terms are found in parts of the Criminal Code, they are not stand-alone terms as they are in Bill C-6.

It is true that the term “treatment” connotes a therapeutic context. However, “practice” or “service” could, without qualification, involve just about any activity. For example, a “practice” could involve a good-faith conversation, and “service” could involve a voluntary counselling session or a religious sermon.

I was concerned that witnesses were expressing concern about the lack of clarity with respect to those terms, but in addition to that, the definition, as provided in Bill C-6, provides that it would ban any practice, treatment or service designed to reduce sexual attraction or sexual behaviour.

The definition is clearly expansive. It goes beyond a clear and targeted definition. Without any qualification, it could arguably include counselling sessions or other supports provided on a voluntary basis by medical professionals and other professionals. It could, arguably, capture good-faith conversations between persons struggling with their sexual identity and medical professionals, parents and other family members, religious leaders and others.

It is important to note that this definition of conversion therapy is not used by any professional body. It is not used by the Canadian Psychiatric Association, the Canadian Psychological Association or their American counterparts. In the face of that ambiguity, which was supported by witness testimony, Conservatives sought to bring forward amendments to get the definition right.

Now, the Minister of Justice, the Minister of Diversity and Inclusion and Youth and other members of the government have repeatedly said that the bill before us would not target voluntary, good-faith conversations. I do not doubt their sincerity when they say that is what they believe. Consistent with that, the website of the Department of Justice states the same.

However, what matters not is the minister's interpretation of the bill. What matters not is what is on the website of the Department of Justice. What matters is, in fact, what is in the bill, which is why Conservatives brought forward an amendment to simply incorporate into the bill the very language that was provided on the website of the Department of Justice. Such language would have provided certainty. It would have provided clarity that good-faith and voluntary conversations would not be the subject of the imposition of criminal charges laid against persons.

Let me be clear that it is a fundamental requirement of the rule of law that a person should be able to know and predict whether a particular act constitutes a crime. Here we have a definition that is vague and overly broad, and therefore is at risk of contravening fundamental justice. It could be deemed contrary to section 7 of the charter as a result.

In closing, the government's intention is a good one, and the intent of the bill is a good one, but it is important that we get the definition right. I am concerned that we have not achieved that in the bill before us.

[Bardish Chagger, Liberal, Minister of Diversity and Inclusion and Youth]

Madam Speaker, I want to begin by acknowledging that I am joining the House from Waterloo, Ontario, the traditional territory of the Haudenosaunee, Anishinaabe and Neutral people.

I also want to thank my dear friend and colleague, the member of Parliament for Don Valley West, the Parliamentary Secretary to the Minister of Foreign Affairs, for sharing his time with me. Mostly, I thank him as a fellow Canadian citizen. I thank him as a fellow member of the human race. I thank him for being his true authentic person he was put on this Earth to be.

It is a privilege to rise in support of Bill C-6, an act to amend the Criminal Code to abolish the destructive practice of conversion therapy in Canada. I rise today with someone else's words, words I have not been able to forget since I first heard them. They are the words of Peter Gajdics, a survivor of six years of conversion therapy, who appeared before the Standing Committee on Justice and Human Rights in December. Mr. Gajdics said:

I still consider it a miracle I didn't die. I left these six years shell-shocked. It was not so much that I wanted to kill myself as I thought I was already dead.

Imagine being parents feeling like they cannot accept part of who their child truly is or who or how they love. That is deep conditioning at work, conditioning that imprisons people in the misguided belief that the only acceptable path is being cisgender or heterosexual, conditioning based on myths, stereotypes and underlying mistruths that are rooted in and perpetuate homophobia, biphobia and transphobia.

It is high time for us to take decisive action to end conversion therapy and to do everything we can to stop violence and discrimination in its tracks. LGBTQ2 rights are human rights.

My mandate letter as the Minister of Diversity and Inclusion and Youth asks me to promote LGBTQ2 equality, promote LGBTQ2 rights and address discrimination against LGBTQ2 communities.

A recent global survey tells us that four out of five people who undergo these damaging therapies are younger than 24 years old, and of those, roughly half are under 18 years old. This is far too many young people growing up being told they are invalid, shameful or unnatural, far too many young people being told that how they perceive themselves, who they want to be in this world or who or how they love is wrong.

Bill C-6 get us one step closer to that goal.

These young people are our future. We must protect them. We have to put an end to conversion therapy, especially for children and youth.

I would like to thank the witnesses who appeared before committee, those who contributed submissions and the standing committee members who came together to strengthen the legislation for Canadians. Further defining conversion therapy to include gender expression while making clear the heinous efforts to force people to be something they are not is the target of this legislation.

In addition to the five original prohibited offences, the committee's amendments clarify that conversion therapy performed without consent is to be criminalized and that promoting conversion therapy services or practices is also to be targeted.

Unlike some misguided narratives we have heard about the bill, it would not criminalize another person's values, opinions or beliefs. It does not criminalize a private conversation where these values or beliefs are being expressed. We recognize it is crucial to ensure affirming and supportive guidance and advice remains available to those coming to terms with who they are.

There is no question that these proposed amendments bring us one step closer to building the safer and consciously more inclusive Canada we all imagine. However, we know that achieving this vision will take more than legislation. It will take a transformation of our ideas about and attitudes toward LGBTQ2 communities, a transformation of our broader perspectives on diversity and inclusion. It will take nothing short of a revolution of the hearts and minds of all Canadians.

The Government of Canada is strongly committed to protecting the rights of LGBTQ2 Canadians and ensuring full and equitable participation in society.

We are working with all levels of government and with partners from all sectors to bring about positive change across Canada.

As leaders, as legislators, as Canadians, as compassionate human beings, it is our job to ensure that Canada is a country for everyone, regardless of their sexual orientation, gender identity or gender expression, can live in equity and freedom.

Not long ago, six Conservative members voted against the bill at second reading in the House. Anyone who continues to oppose the proposals in Bill C-6 is in direct opposition to the community.

The bill and all our actions to recognize and protect the rights of LGBTQ2 Canadians are important and necessary steps in building a safer, more equitable and consciously more inclusive Canada we all want. Conversion therapy practices have no place in Canada.

When I think of the courage and resilience of the many survivors who gave their testimony in December, I know that we in the House have a duty to ensure that we do not let them down. We are indebted to their collective strength and steadfastness in the face of oppression of those who speak out.

When children arrive into this world, they are not innately born with prejudice or hatred. Children are taught to hate and to discriminate, taught to be ashamed of who they are and taught that there is only one correct way to live and be. We have to provide a different future for our next generations, an even better and consciously more inclusive future.

Our task is clear: The time to act is now. I urge all members to support this legislation, protect Canadians and uphold human rights for all. For members who oppose Bill C-6, do so in their right but not by speaking with fear or misinformation.

Tomorrow, we mark the anniversary of the Canadian Charter of Rights and Freedoms. Let us all work to create and defend and build on these rights and freedoms. Let us protect these hard-fought rights and freedoms, because I know we can and must do better.

The House proceeded to the consideration of Bill C-6, An Act to amend the Criminal Code (conversion therapy), as reported (with amendment) from the committee.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, there have been discussions among the parties and if you seek it I think you will find unanimous consent to adopt the following motion: That, notwithstanding any Standing Order, Special Order or usual practices of the House: (a) the report stage amendment to Bill C-6, An Act to amend the Criminal Code (conversion therapy), appearing on the Notice Paper in the name of the Minister of Justice, be deemed adopted on division; (b) Bill C-6 be deemed concurred in at report stage on division; and (c) the third reading of Bill C-6 be allowed to be taken up at the same sitting.

[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]

Mr. Speaker, I appreciate the question from my good friend.

This afternoon, we will complete second reading debate of Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples. Tomorrow morning we will start with the debate of Bill C-6, an act to amend the Criminal Code (conversion therapy), followed by the debate at second reading of Bill C-12, an act respecting transparency and accountability in Canada's efforts to achieve net-zero greenhouse gas emissions by the year 2050 in the afternoon.

On Monday of next week, we hope to complete second reading debate of Bill C-11, an act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Acts. As all members are aware, at 4:00 p.m. that day, the Deputy Prime Minister and Minister of Finance will present the budget. Tuesday, Wednesday and Thursday will all be days reserved for budget debate.

Finally, on Friday, we will continue with second reading debate of Bill C-21, an act to amend certain Acts and to make certain consequential amendments (firearms).

Diversity and Inclusion

[Patricia Lattanzio, Liberal, Saint-Léonard—Saint-Michel, QC]

Mr. Speaker, Bill C-6 to eliminate conversion therapy was introduced last year.

I know that the Standing Committee on Justice and Human Rights heard moving testimony about the importance of taking steps to ban this destructive practice. Bill C-6 will send a strong message to members of the LGBTQ2 community that this government cares for and protects them.

Would the Minister of Diversity and Inclusion and Youth tell us why this bill is so important?