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

[Randeep Sarai, Liberal, Surrey Centre, BC]

Madam Speaker, I will be sharing my time with my friend from Longueuil—Charles-LeMoyne. I also want to thank the member of Parliament for Esquimalt—Saanich—Sooke, who gave a very passionate speech on this and shared his own life experiences. I really appreciated it and received a lot of insight from that.

It is my pleasure to voice support for Bill C-6, which proposes Criminal Code amendments aimed at ending so-called conversion therapy in Canada. The bill proposes the same reforms as those proposed in former Bill C-8. They underscore the government's continuing commitment to ban an inherently discriminatory practice. Conversion therapy harms the well-being, dignity and equality of lesbian, gay, bisexual, transgender, queer and two-spirit Canadians by proposing that they can and should change their sexual orientation or gender identity, a fundamental and immutable part of their identity.

Diversity is what makes Canada a great country. Respecting and valuing differences defines us as Canadians. I am proud to support a bill that reflects these fundamental Canadian values. Conversion therapy's origins explain why it is an inherently discriminatory practice. The practice comes from a time when any sexual orientation other than heterosexual, and any gender identity other than cisgender, would have been considered a sickness or a disease that required repairing. It just seems obvious to say that a therapy founded on ignorance and prejudice toward the targeted recipients also harms them.

We need to acknowledge these harms because they are documented by the evidence. Not only does relevant research show that conversion therapy causes significant harm to those subjected to it, it also shows that the practice disproportionately harms children. That is why Bill C-6 proposes comprehensive protections for children.

Bill C-6 would define conversion therapy as any “practice, treatment or service designed to change a person's sexual orientation to heterosexual or gender identity to cisgender, or to repress or reduce non-heterosexual attraction or sexual behaviour”. This means that gender affirming therapies or interventions, including for children whose identity is not congruent with their biological sex, do not constitute conversion therapy. This is primarily because the objective is not to change anything about the person receiving the therapy, but rather to support their identity exploration and development.

To be clear, we want to protect children from illegitimate treatments, not prevent them from accessing treatment that provides them with the support they need. Supporting children who may not conform to heteronormative standards also means protecting them from practices that harm their development and exploration of self. That is precisely what Bill C-6 does.

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.

[The Deputy Speaker, Conservative, Bruce Stanton]

Before we continue, I would like to inform the House that because of the deferred recorded division, Government Orders will be extended by 83 minutes.

In addition, it is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Edmonton Strathcona, Health; the hon. member for North Island—Powell River, Veterans Affairs.

When the House last took up debate on the question, the hon. member for Surrey Centre had seven minutes remaining in his time for his remarks.

We will go to the hon. member for Surrey Centre.

[Randeep Sarai, Liberal, Surrey Centre, BC]

Mr. Speaker, to resume, Bill C-6 proposes a number of offences. Some protect everyone affected by conversion therapy and others specifically protect children. Everyone would be protected by Bill C-6 offences that propose to criminalize profiting from conversion therapy, as well as advertising and offering to provide it. These offences would reduce the availability of conversion therapy, as well as its discriminatory public messaging. That is intended to prevent Canadians from being subjected to this heinous practice.

Critically, Bill C-6 takes a strong stance on protecting children from conversion therapy. It would criminalize causing minors to undergo conversion therapy and removing minors ordinarily resident in Canada from Canada to undergo conversion therapy abroad.

In short, Bill C-6's protections for children are comprehensive. They amount to a complete criminal law ban. This approach is directly responsive to the lasting damage that conversion therapy is known to cause children. Evidence shows that efforts to change an adolescent's sexual orientation are associated with multiple indicators of poor health and adjustment in young adulthood. Specifically, such attempts to change a fundamental part of who a young person is are associated with elevated young-adult depressive symptoms and suicidal behaviour, and with lower levels of young-adult life satisfaction, social support and socio-economic status.

We know that conversion therapy is associated with multiple domains of functioning that affect self-care, well-being and adjustment. We also know that youth are particularly vulnerable to being coerced or compelled to receive conversion therapy. The American Psychological Association noted, in its 2009 systemic review of peer-reviewed literature on conversion therapy, that coercive intervention and residential centres for youth pose serious concerns “due to their advocacy of treatments that have no scientific basis and [their] potential for harm due to coercion, stigmatization, inappropriateness of treatment level and type, and restriction of liberty.”

The association noted that such interventions:

...may pose serious risk of harm, are potentially in conflict with ethical imperatives to maximize autonomous decision making and client self-determination, and have no documented benefits.

We know that children are often subjected to the most invasive forms of conversion therapy, while at the same time being least likely to have the power or authority to oppose undergoing it. They are also the most vulnerable to conversion therapy harm. The research tells us that those formative years, when a youth develops and explores their identity, may be determinative of their future well-being. Messaging that their identity or sexuality is wrong, in efforts to seek to determine their identity for them, particularly at this early stage in life, may lead to serious psychological harm or even death by suicide.

Bill C-6 responds to this disturbing evidence with its proposed offences that would protect all children under the age of 18 from conversion therapy harms. Bill C-6 sends a clear message by carving out a protected space for children to grow and develop. It tells Canadians the truth: that dictating to children who they should be harms them. It should never be done. Significantly, Bill C-6 also ensures legitimate support for youth who express uncertainty about their sexual orientation or gender identity would not be unintentionally captured by criminal law. This is because legitimate therapies and interventions for children and others, for that matter, involve providing support and acceptance for the person's self-definition without dictating a particular result. Legitimate support is provided in an environment that accepts difference.

The American Psychological Association's 2009 report recommends that adolescents’ exploration of identity should be supported by:

accepting homosexuality and bisexuality as normal and positive variants of human sexual orientation,

accepting and supporting youths as they address the stigma and isolation of being a sexual minority,

using person-centered approaches as youths explore their identities and experience important developmental milestones (e.g., exploring sexual values, dating, and socializing openly),

reducing family and peer rejection and increasing family and peer support.

Perhaps even more helpful than describing legitimate therapies for youth and distinguishing them from the harms of conversion therapy is the American Academy of Child and Adolescent Psychiatry's statement on conversion therapy, which clarifies that:

Comprehensive assessment and treatment of youth that includes exploration of all aspects of identity, including sexual orientation, gender identity, and/or gender expression is not “conversion therapy”. This applies whether or not there are unwanted sexual attractions and when the gender role consistent with the youth’s assigned sex at birth is non-coercively explored as a means of helping the youth understand their authentic gender identity. In the presence of...distress related to incongruence between gender identity and sex assigned at birth, the standard of care may involve exploration of living in a different gender role.

I wholeheartedly agree, and nothing in Bill C-6 would capture the legitimate therapies and treatment that I have just described. This is because the Bill C-6 definition of conversion therapy only captures practices, treatments or services designed to effect a particular result. Changing a person's sexual orientation to heterosexual, or gender identity to cisgender, does not capture therapies or interventions for other purposes, such as to support a person in their own identity without requiring a particular result.

I am certain that Bill C-6 would make a significant contribution toward creating an environment that fosters the healthy development of all children who may be questioning, developing or exploring their sexual orientation or gender identity.

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

Mr. Speaker, a young woman here in the Lower Mainland, Susan, identified as a boy for as long as she could remember. At age 10, she was raped. These early sexual molestations led her to reject her feminine identity and feel unsafe as a girl. At the age of 16, she was so distraught that she was admitted to Vancouver General Hospital. Later in life friends invited her to church and though the experience was not perfect, she felt embraced and loved. She chose to start seeing a counsellor to help deal with unwanted non-heterosexual behaviour. She looked forward to each counselling session because she felt deeply encouraged by each session. Susan wants the government to know that it must protect the right of Canadians to seek the counselling of their choice.

Would the legislation, with the current broad definition of conversion therapy, put Canadians like Susan at risk of not receiving the counselling they chose?

[Randeep Sarai, Liberal, Surrey Centre, BC]

Mr. Speaker, this does not prohibit counselling, conversations with a spiritual counsellor, spiritual priest or other types of advice. It would particularly protect vulnerable young children from being forced to undergo conversation therapy or being taken abroad to have that done. Scientists, psychiatrists and psychologists have proved this is harmful. It is very dangerous, and it is counterintuitive. In fact, it creates a higher chance of youths committing suicide or having other adverse personal risks in their lives. This would not prohibit, in my understanding, any conversations, counselling or identity exploration for individuals, especially young adolescents.

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Mr. Speaker, I listened carefully to the member's speech. I wonder if he would comment on some of the concerns that have been raised both here in debate and outside.

As legislators, we have a responsibility to try and create the best legislation we can. Would he be open to amendment at committee to make this bill stronger, better and improve upon and clarify the definition to ensure that many of the concerns some people have raised about the bill can be very clearly dealt with so we can ensure we meet the objective of the bill, which is to ensure the horrible practice of conversion therapy not legally occur in Canada?

[Randeep Sarai, Liberal, Surrey Centre, BC]

Mr. Speaker, part of our legislative process is to explore, refine and make even better bills that are proposed by government, private members or otherwise. We will always look for positive comments that will help protect our citizens, particularly our youth who are under age and those who are defined under the charter. I am open to hearing anything that will help protect their lives. The intent must be to protect the individuals who the bill was designed to protect to avoid any harm they may face from this very harmful practice of conversion therapy.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Mr. Speaker, one of the things I am personally very concerned about is that we ensure different language is not used to hide this very poisonous practice. I think of people calling it body affirming therapy. This is really about protecting young people, protecting people who are transgender or gender non-conforming individuals, supporting them in moving forward, not having this toxic barrier.

Could the member talk a bit about how some of these services are hidden and how unsafe that makes these communities?

[Randeep Sarai, Liberal, Surrey Centre, BC]

Mr. Speaker, when growing up, I still remember my member of Parliament, Svend Robinson. coming out for the first time. I was in grade eight. I remember the impact it had on me and everyone else in his constituency.

I knew him very well. As a young child I helped with his campaigns. It was a big learning experience for me to converse and talk with him to find out why he had not done it before, why he came out later, what the social implications and difficulties were. I remember explaining that to many others, specifically to my community, the South Asian community, which were not familiar with a lot of these principles, thoughts and identities. They did not relate to them at the time.

It is more imperative that we learn about these and protect those who are in that young age, still trying to figure things out and having challenging thoughts. Society has come a long way now. I hope we as a government can help facilitate that and give people a safe environment to do so.

[Sherry Romanado, Liberal, Longueuil—Charles-LeMoyne, QC]

Mr. Speaker, it is my pleasure to speak to Bill C-6, which proposes to promote the equality rights of lesbian, gay, bisexual, transgender, queer and two-spirit Canadians by taking important steps to end a practice that discriminates against them. Because of the individual harm conversion therapy causes to those subjected to it and the societal harms it causes by propagating the myth that a person can and should change a fundamental part of who they are, their sexual orientation or gender identity, Bill C-6 proposes new criminal offenses that criminalize the practice with a view to ending it.

I am proud that this bill puts Canada at the forefront of the international community in the fight against a destructive practice. There is no doubt that Canada is a leader in criminal law reform in the area of conversion therapy, but we are not alone. In fact, we are part of a growing movement to protect LGBTQ2 communities from a practice that stigmatizes and harms them.

Most countries that have taken steps to combat this practice have not proceeded with criminal law reform. However, there is growing recognition that criminal law is an appropriate tool to fight the harm caused by conversion therapy.

Bill C-6 defines conversion therapy with respect to its purpose. It is any practice, treatment or service designed to change a person's sexual orientation to heterosexual or gender identity to cisgender or to repress or reduce non-heterosexual attraction or sexual behaviour. Such a definition excludes practices, treatments or services designed for other purposes, most notably gender-affirming treatments. Such treatments are designed to provide support in an accepting environment, not to change the person receiving them.

On the basis of this clear definition, Bill C-6 creates the following offences: causing a minor to undergo conversion therapy, removing a minor from Canada with the intention that they undergo conversion therapy, causing a person to undergo conversion therapy against the person’s will, receiving a financial or other material benefit from the provision of conversion therapy, and advertising an offer to provide conversion therapy.

This approach will provide general protection for all persons under the age of 18, whether the conversion therapy is provided in Canada or outside Canada. It would also protect all Canadians by reducing the availability of conversion therapy and discriminatory messaging through proposed offences that would prohibit advertising conversion therapy or financially benefiting from it. This bill does not just protect children.

How does such an approach measure up on a global scale? The only known jurisdiction to have implemented a criminal law response is Malta. In 2016, Malta made it an offence to perform conversion practices on vulnerable persons, defined as a person under the age of 16 years, a person suffering from a mental disorder or a person considered by the court to be at risk. Malta also criminalizes performing involuntary conversion and advertising such practices.

Of course, each country's response has been tailored to its own legal system and reflects the lived realities of its own people.

I am pleased to note that BillC-6 provides protection to all children under 18 years of age, given the evidence indicating that this group is the most adversely impacted. Canada is proposing an added measure that would serve to denounce and reduce the availability of conversion therapy. That is a criminal offence that would prohibit profiting from the practice in any circumstance.

Although it appears that other countries have yet to implement criminal law responses, Canada and Malta may not be alone for long. In March 2018, the European parliament passed a resolution condemning conversion therapy and urging European Union members to ban the practice. In July, the U.K. announced that it would study the issue and then bring forward plans to ban conversion therapy. A bill proposing a to ban performing or advertising conversion therapy is currently before Ireland's parliament.

While countries are looking at how to combat conversion therapy, the United Nations took a firm stance against this practice. This summer, an independent expert on protection against violence and discrimination based on sexual orientation and gender identity presented a thematic report on conversion therapy practices at the 44th session of the United Nations Human Rights Council.

The report recommends that countries ban practices of conversion therapy from being advertised and carried out in health care, religious, education, community, commercial or any other settings, public or private. It also recommends that countries establish a system of sanctions for non-compliance with the ban on practices of conversion therapy.

Although only one country is known to have adopted a criminal law response, many countries have implemented civil bans in an attempt to reduce the prevalence of conversion therapy, particularly its delivery by health care professionals. Many American states, for example, have enacted legislation that prevents health care professionals from providing conversion therapy to minors, such that professionals who violate this rule are subject to disciplinary measures.

Three Canadian provinces have followed a similar approach. Ontario, Nova Scotia and P.E.I. have passed legislation specifying that conversion therapy is not an insured service and banning health care providers from doing it to minors unless they are capable of consenting and do in fact consent. Also, both Yukon and my home Province of Quebec have recently introduced bills that would affect similar reforms.

To my knowledge, none of Canada's provinces or territories consider conversion therapy to be an insured service, whether that is set out in legislation or not. This practice has been discredited and condemned by the relevant professional associations. However, three provinces have demonstrated leadership in protecting minors by prohibiting health care providers from subjecting them to conversion therapy.

Nova Scotia's approach offers additional protection by prohibiting those in a position of trust or authority over young people from subjecting them to conversion therapy.

These are important elements of the suite of protections that Canada is building to promote the equality of LGBTQ2 Canadians. Bill C-6 builds on these responses and fills gaps. Provincial legislation protects minors in the health care context, but what about other contexts?

We know that conversion therapy is provided by a range of different people, not just health care professionals. In fact, some providers have no training at all. Provincial health care laws cannot apply to lay persons providing conversion therapy. Provincial legislation also only protects minors who are incapable of making their own treatment decisions. What about minors who are capable of making those decisions and what about adults?

These gaps are where Bill C-6 would play a critical role. It would provide protection to children and adults, while building on existing provincial responses. All of these provincial statutes conceptualize the problem in the same way. They define conversion therapy with respect to its objective to change a person's sexual orientation and gender identity, which necessarily excludes all legitimate gender-affirming treatments, practices or services. The various statutes might use slightly different terminology but their respective definitions amount to the same thing.

I am pleased that Bill C-6 is part of a broader Canadian response. Bill C-6 will protect all individuals under the age of 18, whether they have the capacity to consent to treatment or not, regardless of who is providing said treatment.

Together, responses at all levels of government convey the clear message that conversion therapy is wrong. It harms those subjected to it and it harms society by implying that there is something wrong with difference.

As Canadians, we cannot tolerate such messaging. It runs contrary to who we are as a people and as a nation. We are a society that promotes these fundamental values. Bill C-6 reflects who we are as Canadians. Conversion therapy must stop. I urge all members to join me in support of this critical legislation.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Mr. Speaker, I will make it very clear that I am opposed to conversion therapy and its practice and use on minors in Canada. However, I do have some challenges with the bill in its current form, especially as it relates to a child-parent relationship.

The definition of “conversion therapy” in the legislation is that it is a practice to reduce one's sexual behaviour. What protections would this proposed law provide in its current form for parents having a discussion with their child when the child might not be in agreement with the parents?

The bill seems to lack support and protection for parents who have to have those challenging and difficult conversations with their children.

[Sherry Romanado, Liberal, Longueuil—Charles-LeMoyne, QC]

Mr. Speaker, this bill would not take away conversations, which I hope families are having when children have questions about their identity and their sexual orientation. I am hoping that they are having those conversations with their parents, and this bill would not take away those conversations.

In fact, regarding the concerns members may have, this is where we have those debates. This is where we bring it to committee, and this is where we have those questions answered, but in no way would this bill take away conversations between family members and support for children who are facing this.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, the hon. member on the other side mentioned a few countries, such as Malta, those in the European Union and throughout the United Nations. It seems from what she mentioned that the bill does not agree with other practices or laws out there. Can she be specific on where the disagreement lies between Bill C-6 and other countries?

[Sherry Romanado, Liberal, Longueuil—Charles-LeMoyne, QC]

Mr. Speaker, as I said, every country is dealing with its own lived experiences. Here in Canada we have a Canadian-made approach. Bill C-8, which was brought forward before, has now been brought back as Bill C-6, and it is really a Canadian approach.

I know that some people would say that it does not go far enough in terms of protection, especially of those who are vulnerable, such as our children, who are facing incredible discrimination and horrors, which we have heard of in this House and through our history. What may work in Malta, Ireland and the U.K. may not work here, and that is why we made a point of bringing forward legislation that will work here in Canada.