This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.
David Lametti Liberal
In committee (Senate), as of June 28, 2021
(This bill did not become law.)
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.
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.
Rachel Blaney NDP North Island—Powell River, BC
Mr. Speaker, I thank the member for his discussion on this very important issue.
I would like to ask him about the reality that the SOGIE community does not need to be fixed and that it is absolutely impossible to change someone's sexual orientation through any type of therapy. I find it interesting that the Conservative leader has said that the vote on Bill C-6 will be a free vote for his caucus. How is this vote a question of conscience, since it seeks to protect SOGIE individuals from harm?
Luc Berthold Conservative Mégantic—L'Érable, QC
Mr. Speaker, as I said, until I was elected to the House of Commons, I was not even aware conversion therapy existed.
That is why the best thing our leader could do today was tell members of our party that this will well and truly be a free vote. There is something the government can do to get more MPs on board: make sure Bill C-6 reflects what is on the department's website. That is simple, and it would be a non-partisan and objective way to end conversion therapy. I think that is worth remembering. We have an opportunity to work together. The ball is in the Liberals' court. The next move is theirs.
Tracy Gray Conservative Kelowna—Lake Country, BC
Mr. Speaker, we know that conversion therapy is wrong and harmful and that we have a responsibility to protect the most vulnerable in our society as parliamentarians. Why does the member think it is important to have some clarification in the definition since the bill would amend the Criminal Code? Could he address why having a reasonable amendment would be an appropriate approach for this legislation?
Luc Berthold Conservative Mégantic—L'Érable, QC
Mr. Speaker, once again, I cannot put myself in the shoes of fathers and young people who have overcome society's reluctance to accept who they are.
The problem is that some parents still need convincing. Conversations still need to happen with some people. Conversations still need to happen in our society. Those conversations need to be protected from criminal prosecution. I think that is how we evolve and how we have evolved. Those conversations—primarily conversations between parents and children—should not be subject to criminal charges someday because a parent wanted to better understand their child or to better understand the situation in general. It is simple, but that clarification must be in the bill to get more support from parents who are concerned they will no longer be able to have those conversations with their children.
Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC
Mr. Speaker, I thank my colleague from Mégantic—L'Érable for his speech. I also appreciate his openness about Bill C-6. I do have a few questions for him.
On June 15, the leader of the Conservative Party, the hon. member for Durham, tweeted, “Let me be clear, conversion therapy has no place in Canada and should be banned”. However, he did not provide a translation for that tweet. This is one of the rare tweets that was not translated. The Conservative Party's translation machine was broken that day. Was it the same people who were in charge of compiling the votes during the Conservative Party leadership race? We have to wonder.
I would like to know what my colleague has to say about that. What does he think of the fact that there was no translation to perhaps avoid reaching a particular audience about a struggle as important as conversion therapy?
Luc Berthold Conservative Mégantic—L'Érable, QC
Mr. Speaker, I will not comment on what my colleague said during the Conservative Party leadership race that allowed us to choose the next Prime Minister of Canada in a rather extraordinary way.
One thing is certain: No matter how Bloc members vote, they will never elect a Prime Minister of Canada. They will never be seated on the side where they can change things. They will never be seated on the side where they can ensure that conversion therapy is banned in Canada. In their case, it is all ambition without the achievement.
Bardish Chagger LiberalMinister of Diversity and Inclusion and Youth
Mr. Speaker, I want to begin by acknowledging that the House sits on the ancestral lands of the Algonquin Anishinabe.
It is a privilege to be here to take part in the second reading debate of Bill C-6, introduced by my colleague, the Minister of Justice, on October 1.
The bill's intent is clear: to ban conversion therapy in Canada.
Conversion therapy is rooted in the wrongful premise that an individual's sexual orientation, gender identity or gender expression can and should be changed to a narrow ideal of what is natural or normal.
Conversion therapy is harmful and degrading, and it has no place in Canada.
Today, I again call on all members of the House to stand in solidarity with LGBTQ2 individuals who are subjected to one of the most heinous and violent attacks on their gender identity, namely, conversion therapy.
It is important we all do everything we can to protect the Canada we know and love. Our communities should be places where everyone is free to be authentically who they are, free from violence or discrimination. On behalf of all those who are being hindered in their ability to truly be themselves, to love who they love and to live fulfilling lives and fully contribute to our society, I ask all members to support the bill and send it to committee.
Too many people in Canada are still the innocent victims of conversion therapy. That is not the Canada we want. We must abolish this practice once and for all and we must do it quickly.
Everyone in the country is standing shoulder to shoulder right now, as we face one of the greatest challenges in our history, the COVID-19 pandemic. As a society, we are blazing new trails. There is no clear path laid out. As a government, we are more determined than ever to build on this collective solidarity to build a more inclusive Canada. The pandemic has opened our eyes. It has revealed unacceptable injustices. It has made the most vulnerable communities even more vulnerable, and it has hit the LGBTQ2 community particularly hard.
The COVID-19 pandemic has shown us that there is still much work to be done to build a truly safe and inclusive Canada. Since March, we have been navigating this crisis together. We all remain cautious and follow the advice of local officials and public health authorities.
Faced with a crisis of this scope, we must rethink our laws and policies and expand our efforts to be inclusive. That is the commitment our government made in re-introducing bill.
The Speech from the Throne emphasizes that the country we are protecting against COVID-19 is a country that is proud of the contribution of its LGBTQ2 communities, an inclusive country. I am sure my colleagues in the House would agree that the best Canada is an inclusive Canada. We must do all we can to achieve equity and inclusion for all Canadians. I am dedicated to this objective and, as members likely know, it forms an important part of the mandate given to me by the Prime Minister.
My parents immigrated to Canada before I was born and worked hard to provide a good life for us. Their belief was that in Canada anything was possible. We all have the possibility of living free from prejudice and discrimination, of expressing our identity and exercising our rights. People deserve the freedom to be who they are, free to love who they love. We all have a role to play so that LGBTQ2 persons feel safe and welcome, to be their authentic selves.
One of our government's roles is to move towards this objective. By re-introducing this bill, we are taking a major step. We are moving towards the elimination of conversion therapy, which is unacceptable in Canadian society today.
The changes to the Criminal Code proposed in Bill C-6 will go a long way to protect the dignity and equality rights of lesbian, gay, bisexual, transgender, queer and two-spirit Canadians.
The bill proposes to criminalize certain aspects of conversion therapy. This harmful and outdated practice seeks to change a person's sexual orientation by forcing them towards heterosexuality, to repress or reduce non-heterosexual attraction or sexual behaviour and to change a person's gender identity to conform to their sex at birth.
It is important to note that the proposed changes are not intended to reach far beyond a rational scope. We recognize that it is crucial to protect those who offer affirming and supportive guidance or advice to anyone who has questions or is coming to terms with who they are. In the same spirit of wanting all Canadians to be true to who they are, we also want all Canadians to be free to follow their faith as they interpret it for themselves of their own volition. Our legislation aims to balance this to support and protect the rights of all Canadians.
We need to address the myth that gay, lesbian, queer, trans and non-binary identities are pathologies that can and should be changed. Diverse forms of gender identity, gender expression and sexual orientation are simply part of human diversity. The proposed legislation aligns with our government's commitment to put an end to conversion therapy in Canada by amending the Criminal Code with new penalties for those who conduct the practice, in particular, against minors.
We must adopt legislation that protects the dignity and equality rights of all Canadians, especially those of LGBTQ2 individuals and youth. This legislation will ensure that every Canadian is not afraid to be who they are and to live a full life.
The types of changes we are now proposing to the Criminal Code are also aligned with approaches already implemented elsewhere, and I will offer here just a few examples.
Ontario, Nova Scotia and Prince Edward Island have enacted legislation specifying that conversion therapy is not an insured health service and have banned health care professionals from providing treatment to minors unless they are capable of consenting. Some Canadian municipalities, such as Vancouver, Calgary, Edmonton, St. Albert and Strathcona County have also banned businesses from providing conversion therapy within their city limits.
Internationally, Malta is the only other country known to have criminalized aspects of conversion therapy, while the United Kingdom and its LGBT action plan has committed to further explore the issue. In the U.S. several states have put in place bans that resemble provincial and municipal bans in Canada.
I would like to thank all those dedicated to building a fairer and safer society. I would like to especially thank my colleagues, our partners and stakeholders, who are working hard to ensure that Bill C-6's amendments to the Criminal Code are adopted.
The amendments that we propose in Canada are yet another step along the way toward a safer and more inclusive country. I am proud of the concrete actions our government has taken to date.
Our Prime Minister apologized to LGBTQ2 people in Canada for the past injustices experienced at the hands of their government. Our government passed legislation, Bill C-16, to protect against discrimination based on gender identity and expression. We transformed the former Status of Women Canada into a full department, the Department of Women and Gender Equality, with an expanded mandate to advance social, political and economic equality with respect to sex, sexual orientation, gender identity and gender expression.
We made a historic investment of $20 million to help build the capacity of Canadian LGBTQ2 organizations to address the unique needs and persistent disparities facing LGBTQ2 communities, and, proudly, my appointment in November by the Prime Minister as Minister of Diversity and Inclusion and Youth, supported by Canadian Heritage, where the LGBTQ secretariat is now housed.
Before the COVID-19 pandemic, I led several round tables with key stakeholders from across the country to discuss LGBTQ2 issues. We spoke primarily about conversion therapy. The Minister of Justice also spoke about this issue with different stakeholders, in particular his provincial and territorial counterparts.
As members can see, the process leading to the proposed change to the Criminal Code to address the harmful practice of conversion therapy has been informed by the lived experiences of LGTBQ2 communities. This work has come from LGBTQ2 communities. It has come from advocacy. It has come from a place of struggle and pain but also of resiliency and strength. Most important, we are indebted to survivors for their bravery in helping and pushing this road forward for us and with us.
As I have mentioned a few times, our government is committed to continuing our conversations and working together until the full implementation of these proposed changes to the Criminal Code.
We also recognize the importance of continuing our work to prevent conversion therapy, to support the communities to make them even stronger and more resilient, and to deconstruct the myths about sexual orientation and gender identity. Together, we must end the stigmatization and discrimination of LGBTQ2 communities.
We are here today as a direct result of the collective strength of survivors and their steadfastness in the face of adversity. We honour them and those who came before them.
In our society, every individual has a unique and important role to play to make Canada inclusive and safe, a Canada where every person can thrive. Not so long ago, solidarity with LGBTQ2 communities was not part of any government agenda. Today, we are trying to promote LGBTQ2 equality, protect the rights of LGBTQ2 individuals and fight discrimination against LGBTQ2 communities. All these commitments require that our elected officials listen to the communities and work tirelessly to create the Canada that we want to leave to future generations.
We cannot change the past, but we can learn from it and do better. Like everyone else, I still have a lot to learn and a lot to do. Like everyone else, I am here to ensure that every human being is respected because I have hope that we will one day live in a country where everyone is treated with dignity and respect, period.
While the past has not always been easy, today is a hopeful day. By acting on historical injustices we are building a better future for all. It is our duty to do everything we can to make a better future for the children in this country. When children arrive in the world they are full of love. They have not learned to hate. A child is taught to hate or discriminate, taught to be ashamed of who they are, and taught there are only certain ways to live. We have to provide a better future, a different future, for the next generation. We know that with these proposed amendments to the Criminal Code we are helping LGBTQ2 people feel safe and enabling them to participate fully in Canadian society.
Our work does not stop there. We are determined to continue the dialogue and work closely with LGBTQ2 communities right across the country.
I have a mandate to consult with LGBTQ2 communities to lay the foundation of an LGBTQ2 action plan that will guide the federal government's work on important issues affecting them. My mandate also involves investing more in LGBTQ2 organizations.
This will offer future opportunities for community-led interventions, because one of my goals is also to build stronger and more resilient LGBTQ2 communities through local, regional and national organizations that can respond to the evolving needs of their communities.
Together, we can help create a country where everyone is free to be who they are, and where human rights are human rights for all. Our Prime Minister often says that, in Canada, diversity is our strength. We are a diverse country made up of people from all types of backgrounds. Our Canada includes everyone, of every colour, of every background, of every identity. LGBTQ2 people exist in our communities. They are our friends, neighbours, colleagues and families. They are people, people we love and cherish.
The proposed amendments help get us once step closer to equality and recognition for LGBTQ2 people. We need to ensure that Canada is a country where everyone, regardless of their sexual orientation, gender identity or gender expression, can live in equality and freedom. Our task is clear. The time to act is now. I urge all members to support this historic ground-breaking legislation as we advance protections for LGBTQ2 communities together.
James Cumming Conservative Edmonton Centre, AB
Mr. Speaker, I thank the member for her speech. I listened to it with great attention to detail. I was struck by how this is such an important piece of legislation to ban such a horrific practice. My question to her is this. Why was this legislation not introduced in the first part of the last Parliament?
Bardish Chagger Liberal Waterloo, ON
Mr. Speaker, this legislation was created by communities for communities. As the member of Parliament for the riding of Waterloo and as the Minister of Diversity and Inclusion and Youth I speak to many constituents and stakeholders. It is important to act now. This is an opportunity. We can send this legislation to committee so it can be further studied, but what is clear is that conversion therapy does not have a place in Canada. It needs to be banned so people can live their authentic lives. The damage that has been done to certain generations has already happened, but we can act to ensure future generations never have to go through this destructive practice.
Mario Beaulieu Bloc La Pointe-de-l'Île, QC
Mr. Speaker, I would like to commend my colleague on her speech.
I want to raise a point. The bill does not ban conversion therapy for consenting adults, but, if I understood correctly, it prohibits deriving a monetary benefit from such therapy. The advertising of such therapy is prohibited.
Will that not make it difficult to enforce the law?
I would like to hear my colleague's thoughts on that.
Bardish Chagger Liberal Waterloo, ON
Mr. Speaker, the bill that we introduced and that is before us today is another step in ensuring that every individual can be their authentic selves. I recognize that members have comments and questions and the committee can consider those and do its work.
In my opinion, it is very important that we, as members, move forward with this bill, which will protect children and young people. The bill also establishes parameters to protect non-consenting adults. However, consenting adults can continue to make their own decisions.
Brian Masse NDP Windsor West, ON
Mr. Speaker, I want to share a scenario that did take place. A young man applied for a job at a not-for-profit agency that got funding from the federal government. The agency required him to sign a form to say that he was not gay, and this intervention took place at the work location. This took place in the last year.
I would ask the minister: What would the bill do to protect those individuals? What does the government think about the fact that this still takes place? What should happen to those organizations that are receiving federal funds but still have conversion therapy at the workplace?
Bardish Chagger Liberal Waterloo, ON
Mr. Speaker, it is clear that, as a country, we still have a lot of work to do. I offer my commitment to ensure that this work is done, which is why, in my comments, I shared that I have a lot to learn but I also have a lot to do. Today, we have an opportunity to see this legislation advance to committee to see conversion therapy banned in Canada. Will our work end there? No, but what it will do is establish another step.
To the member and the individual he is referring to, I think it is absolutely horrific that took place. I am ashamed that that takes place in our country to this day. The COVID-19 pandemic has actually shone a lot of light on the inequities that exist, and that is exactly why we know that there is systemic discrimination and racism that exists in our country. We will do whatever we can to fight it. I feel that I have the member's support and that he will work alongside us to make that happen.
Tim Louis Liberal Kitchener—Conestoga, ON
Mr. Speaker, I have the honour of being the member of Parliament for the neighbouring riding to the hon. member's. I am proud that in my riding of Kitchener—Conestoga, indeed, in Waterloo Region and throughout Canada, we are moving forward together. I am also proud to have stood in the Township of Wilmot as we flew the pride flag for the first time. We truly are moving forward.
I have had town halls with local stakeholders and also a town hall with the hon. member discussing LGBTQ+ issues. In her role as minister, she has met with groups throughout Canada. Can she please discuss some of the responses she has received on the bill and the message of inclusion that we are sharing from some of the local groups in our shared region?
Bardish Chagger Liberal Waterloo, ON
Mr. Speaker, I will start by commending the member for Kitchener—Conestoga for doing the important work, as a member of Parliament, of listening and engaging. We have very tough conversations as elected members, and it is important that we not only listen to people we agree with but also to people we can learn from.
The member for Kitchener—Conestoga has ensured that every constituent, every organization within the Waterloo Region has the opportunity to have their voices heard, and I want to commend the leadership of organizations within our communities. They know that they have a full voice at the cabinet table, which is why the appointment as Minister of Diversity and Inclusion and Youth was so exciting.
I can tell the member that we will continue to do this work, because our work is not done yet. This is just another step, and we still hear concerns in this debate. Human rights should be human rights for all, and that is why this proposed legislation should go quickly to committee so that it can be studied and scrutinized. It should then quickly go to the Senate so that it can become law and we can ban conversion therapy once and for all.