An Act to amend the Criminal Code (conversion therapy)

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

Sponsor

David Lametti  Liberal

Status

In committee (Senate), as of June 28, 2021
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to, among other things, create the following offences:
(a) causing a person to undergo conversion therapy without the person’s consent;
(b) causing a child to undergo conversion therapy;
(c) doing anything for the purpose of removing a child from Canada with the intention that the child undergo conversion therapy outside Canada;
(d) promoting or advertising an offer to provide conversion therapy; and
(e) receiving a financial or other material benefit from the provision of conversion therapy.
It also amends the Criminal Code to authorize courts to order that advertisements for conversion therapy be disposed of or deleted.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 22, 2021 Passed 3rd reading and adoption of Bill C-6, An Act to amend the Criminal Code (conversion therapy)
Oct. 28, 2020 Passed 2nd reading of Bill C-6, An Act to amend the Criminal Code (conversion therapy)

Criminal CodeGovernment Orders

October 27th, 2020 / 1:50 p.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I am proud to stand in the House and speak on the important issue of conversion therapy, and why this practice should be banned in Canada.

Across the country, we have seen many provinces and municipalities take appropriate measures to address this issue, as well as the steps taken by the federal government to introduce this into the Criminal Code.

I have had the honour to participate in multiple conversations with members of the LGBTQ+ community from coast to coast. I have participated in round tables, lectures and, of course, pride parades. Some of my encounters left a huge mark on me personally. Those encounters are what will live with me and have made me an ally of the LGBTQ2+ community.

One of the places I think about from my visits, and that I have spoken about multiple times, is the OK2BME program in Kitchener, Ontario. I was fortunate enough to visit this group, where all the youth are under the age of 19 and come from an area within an hour and a half of that region. They go there to talk about who they were, who they are and how they see their futures. Many go there for a safe place to have a conversation: to talk to people in similar situations to theirs and to rely on people. It is so important we have these types of organizations, opportunities and programs to allow youth to talk to people who are in the same situations they are. Many of them are going through times where they are not expressing who they are to their friends, families or teachers because they are not sure and have a lot of self-doubt. Open places like the OK2BME program are something I will continue to advocate for.

Like the deputy House leader for Parliament, who I see across the way, I grew up in different times. I think of growing up in the eighties and the number of friends I have now who have come out and said they are gay or lesbian. Back in the eighties, I did not know one of my best friends was a lesbian. When I think about it today, does it matter? I love her to the depths of who she is. She is one of the greatest women I know in this world. It does not matter who she loves, because at the end of the day, I love her for who she is. I look at the way her parents embraced her, and they love her for who she is.

However, I know when she goes out in the general public there is that fear of feeling shame. There is that fear of telling people. As I said, I grew up in the eighties, when one did not share that type of information with people. It was expected for girls to like boys. Things have changed, and we have become much more aware that we do not all have to fit in that little box and all be the same.

I also think of the great work being done by PFLAG. A couple of years ago, I went to Richmond Hill and sat down with the PFLAG organization. There were children in the process of transitioning, and children who had just come out to their parents had come to PFLAG with them to have these discussions. We sat down together, ate pizza and celebrated somebody's birthday. It was such an incredible place, where everybody felt safe and that they were part of something.

It made me ask myself whether there was ever a time I felt I was not included. I have been very fortunate, because I am able to go into places and say, “I am Karen,” and that is all good with me. However, a lot of people have self-doubt, which is caused by not being supported for who they are. I think of those people who have to walk alone in the world, and how we can do better. For me, it is important to make sure those safe spaces are available: places like PFLAG, where people can talk in groups and where parents can talk with their children. It is not a mediation, just a place someone can go to listen, talk and hear the stories of other families and the challenges they have gone through.

As a government, it is important we look at continuing to support those types of programs. If we are looking at more actions we need to do after the conversion therapy ban is passed, we need to look at what the next steps are in order to make sure we can get this work done. I say this because we need to look at the mental health component of this issue.

Mental Health Awareness Month is going on right now, and we have to understand the correlation between mental health and the LGBTQ community. I looked at some of the statistics, and I sat back and thought about how that was not me. According to statistics, one in four members of the LGBTQ community who are students has been physically harassed, and six in 10 have been verbally abused. That means over half of the people have been victimized at some time just because of their sexuality. There is no place for that.

We have to look at the fact that people in this community have been body shamed. They feel isolated. Discrimination and bullying occur. There is a lack of support from some families. We know that not every family is 100% on board, and that comes with time as well. I am very hopeful. I am that Pollyanna who believes that we can do better and that we can have hope, so I believe in helping families go through these challenging times together. We have to be realistic: these things happen. We also have to look at the predisposition toward mental health challenges as well. I think that, if people are already uncomfortable with who they are, it is just adding onto it regarding their sexuality. There is a double prong here that is attacking them.

I also think of a couple of friends I sat down with about a month ago. We were talking about sexuality. My two friends are partners, Rick and Lee, and they do not know I am talking about them today. Rick and Lee and I have these really open discussions, and it is great, because we are in the same generation. I love to talk to them about music and cooking and everything, but after a really broad discussion I asked them how it was, growing up in the eighties. My one friend, Rick, said that he would not be here if he had come out in the eighties. He would not have been able to survive. He stated he would have taken his own life.

I think about where we are in 2020. How can people feel that they would have to take their own lives because of being members of the LGBTQ community? How could someone feel so lost and isolated that life was not worth living, just because of their sexuality? This has to be moved out of that frame. That is, not for me, a place that we can be in. This is where we have to understand that love is love, and I will continue to advocate on that.

I look at Lee, who is Rick's partner. They have been married for a number of years, and he said to me that he dated lots of girls, but as soon as he was done high school he went on and actually was himself. I think we have to understand, especially if we are looking at our teens, that when people are in high school, they are in a fish bowl. I went to a school of about 800 students in St. Thomas, Ontario, and everybody knew everybody's business. Once people are able to get into the real world, where there are not 800 people walking by and seeing what their business is, it may be a bit easier for them to live their lives with freedom, but we know, especially in those teenage years, that it is really difficult.

It is such a hard time to fit in, as it is. Everybody is on Twitter. Everybody is on Instagram, Facebook and TikTok. I have watched it a couple of times, but everybody is on there. Life is cycling so quickly now for our youth, and there are already so many mental health challenges that they are coming across, so adding sexual orientation is something that should not have to be part of that conversation any longer. They should be accepted, and they should be loved for who they are.

Do I have two minutes? I could talk for 20. It is really bad when my friends on their side are trying to quiet me up, because they think I talk so much. Regardless, I think that is what makes me a good advocate: if one is willing to talk and have these conversations, that is what it is.

I think when we talk about conversion therapy, there has been a lot of discussion on what that actually is. For myself, talk therapy is what I do. I talk things out. Some people may say that talking is conversion therapy, or that it is something else. For me the ability to talk and work through my problems with the people I love and respect the most is important, regardless of how difficult those topics are. As a parent, I have had multiple difficult situations brought upon me or that I have had to discuss, and we all need that person and that support group around us. Being able to talk is really important.

I see that many members, and I have heard members of the government also, indicate there is that concern about religion. I will be honest: I was mad at my husband about six years ago, and the first person I turned to was my pastor. Members would not see me as a really strong religious person, but the pastor was the person who knew me. He knew me and my family sitting in the benches, where we sat as a family all the time, and I was able to speak to him as a confidant. I think sometimes that is where the confusion will come from, in this discussion. He was not trying to convert me: he was a confidant because he knew who I was. He has seen me actively participate in the church, youth groups and a variety of things like that, so I am proud to speak on this. I think we should all have this really important discussion, because at the end of the day, every life matters, especially those of the LGBTQ community.

Criminal CodeGovernment Orders

October 27th, 2020 / 2 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

I see there are members interested in posing questions and comments, but we will have to wait until after question period and members' statements for that.

Now we are going to statements by members. The hon. member for Bay of Quinte has the floor.

The House resumed consideration of the motion that Bill C-6, An Act to amend the Criminal Code (conversion therapy), be read the second time and referred to a committee.

Criminal CodeGovernment Orders

October 27th, 2020 / 3:10 p.m.
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Liberal

Ginette Petitpas Taylor Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I would like to take this opportunity to thank my fellow PROC member for her very thoughtful speech. Just before question period, she made reference that some of her colleagues think that she speaks too much, but I could have listened to her for the day, and I thank her so much for her comments.

The member indicated in her speech that PFLAG in her community does some very important work. In my community of Moncton—Riverview—Dieppe, in 2015, I had the privilege of meeting an organization called UBU. Its founder, Michelle Leard, really educated me on the need for these types of services.

During her speech, the member also indicated that we need to elaborate on the next steps in order to ensure that people feel more comfortable with who they love and who they are, and to be who they are. I wonder if the member could elaborate on what she thinks those next steps look like.

Criminal CodeGovernment Orders

October 27th, 2020 / 3:10 p.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I really appreciate that question from my colleague on the PROC committee and the work that we can do together.

I think that there is a place for everybody, and there need to be those safe places. When I look at the associations that are starting in high schools and at community groups, they are all great initiatives, and we need to make sure that we make those types of investments. It may just be a time investment that we need to make. It does not necessarily always need to be financial, but we need that time investment so that we can be there to listen, always be onside and make sure that we hear from everybody who is part of this group. Really, it is time for conversations and time for great talks.

Criminal CodeGovernment Orders

October 27th, 2020 / 3:10 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Mr. Speaker, in listening to the debate thus far, it seems that the vast majority, if not all, members recognize that conversion therapy is just wrong, and that is really encouraging. It is really important to recognize that all parties, except for the Conservative Party, recognize it as a whipped vote, in other words, as a political entity, the party feels it is not optional.

I wonder if the member thinks it would be better for the Conservative Party collectively to make that statement by saying it is a whipped vote.

Criminal CodeGovernment Orders

October 27th, 2020 / 3:15 p.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, we are asking for amendments to the legislation. As I mentioned in my speech, it is the confusion about whether talk therapy is conversion therapy or the talk therapy I do where we can have real dialogue and discuss the issues.

We know the legislation is not perfect and we are concerned about it moving forward. When this gets into the court system, judges will have to decide how to interpret it. There needs to be more clarity. Those are some of the concerns I have with this legislation. It is really hard when we know the clarity is not there.

Criminal CodeGovernment Orders

October 27th, 2020 / 3:15 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, there is an interesting aspect with regard to the Conservative logic. Some Conservatives claim they are against it. They say they may have to vote against it going to committee to work on those things. I do not understand the Conservative logic about not applying the vote across the entire party to get it to committee so it can study those things.

How does the member reconcile the fact that if Conservatives vote against it, it cannot even go to committee to be amended?

Criminal CodeGovernment Orders

October 27th, 2020 / 3:15 p.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, we talk about this debate being divisive. I wish I would be asked a question that actually matters when it comes to the LGBTQ community, not one that is so politicized as that one.

I will make every effort I can to ensure we have a real and valid conversation. I find that question irrelevant. I will continue to be an ally for the LGBTQ community. That is what I can do. Let us take the politics out of this and actually talk about the people.

Criminal CodeGovernment Orders

October 27th, 2020 / 3:15 p.m.
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Conservative

Matt Jeneroux Conservative Edmonton Riverbend, AB

Mr. Speaker, I hope to ask a legitimate question that brings it back to the people.

The Liberals have stood time and time again today to give speeches, indicating that we have waited far too long for the legislation. The Liberals have been in government for five years now and many municipalities have told them they cannot wait any longer and have created their own legislation.

I am curious what the member thinks about why we have to bring the government kicking and screaming into this conversation when many municipalities have already done this.

Criminal CodeGovernment Orders

October 27th, 2020 / 3:15 p.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, just a few months ago, or it may have been a year ago, a petition was put forward. Many people were working on an electronic petition, one of about three. The government had decided that it was provincial jurisdiction. We looked at the municipalities. We looked at Vancouver, Ontario, Quebec and different provinces across the country. It is interesting that the Liberals have decided to engage now. It is a minority government. It wants to build a wedge.

Unfortunately, that is my conclusion on that, but we could do better. At the end of the day, I do not disapprove of the legislation, but we need to do better. I just wish it was not brought forward this way.

Criminal CodeGovernment Orders

October 27th, 2020 / 3:15 p.m.
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Liberal

Emmanuella Lambropoulos Liberal Saint-Laurent, QC

Mr. Speaker, thank you for the opportunity to speak on Bill C-6, an act to amend the Criminal Code so as to criminalize behaviours linked to conversion therapy in Canada.

The bill seeks to protect LGBTQ2 kids and teens from the long-term harmful effects of conversion therapy, a range of dangerous and discredited practices that falsely claim to change a person's sexual orientation. Passing the bill will send a strong message to people in the LGBTQ2 community that they are valued and protected by its government, that they are free to be who they are and that there is nothing wrong with them.

For those wondering, conversion therapy aims to change an individual's sexual orientation to heterosexual, 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.

It is rooted on the wrongful premise that sexual orientation, gender identity and gender expression other than heterosexual and cisgender can and should be changed. That in itself should tell us that this therapy is harmful as it tells people that they should not be happy within their own skin, that they should not love and accept themselves for who they are. That in itself is cruel.

Bill C-6 proposes to add to the Criminal Code five new offences linked to conversion therapy: causing a minor to undergo conversion therapy, moving a minor abroad with the intention that the minor undergo conversion therapy, causing a person to undergo conversion therapy against their will, profiting from conversion therapy, and advertising an offer to provide conversion therapy.

The bill also authorizes courts to seize documents containing advertisements for conversion therapy and to delete those advertisements from computer systems and the Internet.

It is important to note that these amendments would not criminalize those who provide affirming support to people who are struggling with their sexual identity or orientation, such as teachers, therapists, parents, friends, etc. For example, if a little girl tells her parents that she is a lesbian and her parents bring her to a therapist to affirm that this is in fact the case and that it is not just a phase or a one-time experience, or if the child is confused or unsure about her sexual orientation, a therapist can provide to the child the help to figure things out, without denying the way that she feels.

Conversion therapy can take on various forms, including counselling, behaviour modification and, in more severe cases, electric shock therapy. We might as well throw in a lobotomy at this point. These archaic methods being used on children are incredibly harmful and have been proven to be completely ineffective. These practices have been rejected by every mainstream medical and mental health organization for decades.

Every leading health organization, including the Canadian Psychological Association, the Canadian Psychiatric Association, the Canadian Pediatric Society, the American Psychological Association and the American Psychiatric Association, have denounced efforts to change sexual orientation or gender identity and claim that attempts to do so can result in serious health risks.

Maclean's published the opinion piece of Peter Gajdics, a man who lived through six years of conversion therapy and one of the main activists who pushed for the city of Vancouver to become the first Canadian city to ban it.

Peter was subjected to copious amounts of psychiatric medications, was told to release his pain and feel his rage during long sessions of primal scream therapy and injected weekly with ketamine hydrochloride before his reparenting sessions, where he would lie in his therapist's lap like a newborn baby so he could be nurtured by his new parent. Aversion therapy was also used. His therapist exposed him to a stimulus while subjecting him to a form of discomfort to help him flip to the other side. According to him, all conversion therapy succeeded in doing was increase his shame about who he was.

Lesbian, gay, bisexual, transsexual, queer and two-spirited people are harmed and stigmatized. Their dignity is undermined. These practices have resulted in tragic rates of depression, anxiety, self-hatred, drug use, homelessness and suicidal behaviours among the LGBTQ2 community, among people who have undergone conversion therapy. Indigenous peoples, racial minorities and low-income Canadians are more likely to be exposed to these harmful practices. Minors are especially vulnerable.

Conversion therapy heightens the shame and stigma that so many LGBTQ2 youth already feel. Although this bill is a big step in the right direction, it will not completely eliminate the harm caused by social stigma, which, unfortunately, will not go away overnight. It will likely continue more secretively; for example, a child would be told to act a certain way or to not act a certain way at home.

A study from San Francisco State University showed that LGBTQ2 young people who are highly rejected by parents or caregivers are eight times more likely to attempt suicide, six times more likely to report high levels of depression and three times more likely to use illegal drugs.

As my colleagues can imagine, parents who send their child to conversion therapy instill feelings of family rejection and disappointment in their child and risk damaging their relationship with their child for life.

I taught several subjects at the high school level for several years prior to getting elected. While my major at McGill was in history, and I enjoyed teaching that course very much, my favourite was ethics and religious culture. I had the flexibility in that class to teach whatever topics I thought would be interesting and relevant to my students, so I chose to teach them about topics that would help them navigate their way through high school and their teenage years. Among the many topics we covered were sexual education and gender identity. At the time, I guess around six years ago, I knew that my Secondary II, or grade 8, students were figuring themselves out and that many of them likely had questions that they would never feel comfortable asking, especially at such a young age.

I wanted to offer them a safe space, to let them know I was an ally and that they could open up to me if they needed to chat. Lo and behold, some of my students did feel comfortable opening up and coming to see me one on one for guidance. While I do not yet have children of my own, I really cared about my students. My heart would have broken to think of them not loving themselves or not embracing who they were because of external pressures or because of not being accepted by their families. They were at such a critical age, and were highly influenced by what others thought of them. To think of the pain they would experience going through any type of conversion therapy is unbearable.

I know that health falls under provincial jurisdiction, and we cannot ensure that conversion therapy will not be practised without the help of the provinces, territories and municipalities. That is why our government will work with provincial counterparts to bring conversion therapy to an end in Canada. I am interested in seeing all parties work together at committee to come up with the best possible legislation, to protect the LGBTQ2 community and to ensure that everyone would benefit from the protection that this bill offers.

Each and every one of us should have the right to be who we are, and to love who we love without being ridiculed or tortured for it. While this bill will not end homophobia or transphobia, it is an important step in the right direction. I want my future kids to grow up in a world where they can be loved and accepted: one in which their sexual orientation or gender identity does not determine their love and acceptance, and where they can be proud of who they are and live fulfilled and dignified lives.

I strongly support this bill, and I hope that all of my colleagues across the aisle will vote in favour of this legislation to help make Canada a better and fairer place for all Canadians.

Criminal CodeGovernment Orders

October 27th, 2020 / 3:25 p.m.
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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I congratulate my colleague on her speech.

She urged all parties to work together to have as much support as possible for Bill C-6.

We understand that conversion therapy is completely unacceptable in this day and age. If the government would be open to a better definition of conversion therapy and including in the bill what was on the Department of Justice website, more Canadians would be likely to embrace what is proposed in the bill, which is absolutely necessary in today's society.

Will the member support us and work to get this definition included in the bill?

Criminal CodeGovernment Orders

October 27th, 2020 / 3:25 p.m.
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Liberal

Emmanuella Lambropoulos Liberal Saint-Laurent, QC

Mr. Speaker, I thank the hon. member for his question.

I do not sit on that committee, but I am confident that all members will work together to really make this legislation the best it can be and ensure that it protects as many people as possible.

Criminal CodeGovernment Orders

October 27th, 2020 / 3:25 p.m.
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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I really enjoyed my colleague's speech, especially the reference she made to having the trust of her students as a teacher.

Does she think a bill like this could help her students? Would this bill give her an additional tool to help her better support her students?