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

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, it is a pleasure and an honour to speak this evening to Bill C-6, an act to amend the Criminal Code, conversion therapy.

I want to thank all those colleagues today who have been participating in the debate. I have been following it with interest and we look forward to continuing debate on the legislation.

By way of a bit of history, in March 2019 the Liberal government rejected a petition for a national ban on conversion therapy. It said at the time that it did not reflect the values of the government or Canadians, but noted that the governance of conversion therapy was largely a provincial and territorial issue. A number of provinces have banned conversion therapy within their jurisdiction and a number of medical professions have raised concerns about its use and effectiveness.

Conversion therapy is wrong and should be banned. No Canadian should be forced to change who her or she is. This is particularly the case when it could be threatened against people against their will or when it is used to denigrate or demean people for who they are.

The Liberal government knows that most Canadians do not want to see the conversion therapy I mentioned, but it also knows that most Canadians do not want conversations between a parent and a child, or a teacher or religious leader and a young person to be criminalized either. In that vein, the government has missed an opportunity to get the bill right. Everyone deserves to be treated with dignity and with respect. All Canadians deserve that we get the bill right and we owe them no less as Parliament.

I want to echo our leader, the member for Durham, in my opposition to conversion therapy. All practices that seek to coerce or forceably change a person's sexual orientation should be banned.

The summary of the legislation is something with which most Canadians would agree. It states that it would create offences for “causing a person to undergo conversion therapy against the person’s will.” This should be banned. A person should not be forced to partake in any activity against his or her will. It further states, “causing a child to undergo conversion therapy”; the offence to remove “a child from Canada with the intention that the child undergo conversion therapy outside Canada”; and also the offence of: “advertising an offer to provide conversion therapy” or to receive a benefit for providing it. Overall the summary makes sense.

We are at second reading of the bill, which is an opportunity to debate the general scope of a bill and focus on the principle within the bill. To be clear, I have significant concerns with the construction of the bill, but there is merit in bringing it to committee and to work in good faith to improve it.

We heard the Minister of Justice today say that he was open to working with all members on improving the bill, and will I take him up on that. It is for that reason I will be supporting the bill at second reading, but I do so with the insistence that any flaws in the bill must be addressed at the justice committee.

We are prepared to work in good faith with government to make a bill that properly captures coercive practices, while ensuring good faith discussions are not criminalized. The bill does need to be amended at committee to ensure that happens.

Much of the concerns that have been raised with my office and perhaps many of my colleagues' offices are from individuals, groups and medical professionals who are concerned with the broad definition of conversion therapy. That is where the government had an opportunity to get things right after it prorogued earlier this year. It could have come back with a more definitive definition of what conversion therapy is.

While most Canadians would define conversion therapy as an inherently coercive or forced practice, the bill does not. Further, it describes conversion therapy as a practice, treatment or service to repress or reduce non-heterosexual attraction or sexual behaviour regardless of what a person's sexual orientation is. Many faiths, whether it is Islam, Christianity or Judaism, disapprove of intercourse before marriage and they teach that. The definition should strictly target coercive practices while not targeting any good faith conversations.

The definition says that it does not apply to a practice, treatment or service related to a person's exploration of his or her identity or to its development. With this, it may be that the government intends to send the signal that genuine conversations to help individuals navigate their sexuality are protected. As I have heard from many organizations, that is not clear. If that was indeed the intention, the government should make that explicit in the bill

Concerns have been raised that the legislation could criminalize therapy that intends to help reduce gender dysphoria. We need to hear from stakeholders at committee to ensure this legislation does not unintentionally impact good faith conversations that medical practitioners would have with their patients to help them navigate issues like this. We need to ensure Canadians, and in particular youth, are given all the support they need.

When the bill was introduced last session, there was language on the Department of Justice website that would address some of the concerns I heard today in debate and some of the concerns I heard from individuals on the legislation. The department website states:

These new offences would not criminalize private conversations in which personal views on sexual orientation, sexual feelings or gender identity are expressed such as where teachers, school counsellors, pastoral counsellors, faith leaders, doctors, mental health professionals, friends or family members provide affirming support to persons struggling with their sexual orientation, sexual feelings, or gender identity.

If this is indeed the case, let us work in committee to address these concerns being raised and incorporate the very language that the Minister of Justice and the Department of Justice website has used into the bill to clarify for Canadians that this would not impact on good faith conversations.

I want to be very clear for my Liberal colleagues across the aisle. We have an opportunity here to have a bill that would address the concerns being raised and gain the support of a wider range of Canadians. I have heard from many who are concerned with the construct of the bill, but note they do support a ban on conversion therapy.

For example, the Evangelical Fellowship of Canada wrote to the minister earlier this month on this very bill. They wrote, “Many people who have experienced conversion therapy describe despair and suicidal ideation as a consequence. We recognize that initiatives to ban conversion therapy arise from a desire to protect Canadians from such damaging effects.” The letter continues with “Coercive and involuntary efforts to change sexual orientation have no place within our communities.”

My point in raising the letter is that there is a broad consensus in the House that conversion therapy should be banned, but there is also a need to ensure we get the bill right. There is a broad consensus among many stakeholder groups across the country that we need to get the bill right.

We already know that mental health services across the country are often lacking. This means kids, but also grown adults, are often not able to receive the mental health support they need. In a one-year period, one in five people in Canada will experience a problem with mental health or mental illness. This is especially the case for youth who are struggling with their own development and seeking guidance on how to be comfortable with themselves and grow into adults. It is important that frank conversations are protected between those seeking help and those who wish to help youth navigate difficult or confusing time periods in their life.

I want to reiterate my previous point. We have an opportunity here to improve the bill to capture a ban on coercive practices that seek to forcibly change a person's sexual orientation. Some concerns have been raised about how the bill has been crafted, particularly around the definition and it targeting good faith conversations with young people and those trying to support them. To ensure the bill is as effective as possible when we pass it into law, the government needs to be willing to listen to stakeholders who raise concerns about the legislation and work with them in the committee process to improve the bill.

I will use the minister's language from earlier today where he indicated he was open to good faith improvements to the bill. We in the Conservative Party are willing to work with the government to help address the concerns that have been raised.

[Bardish Chagger, Liberal, Minister 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.

[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, 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.

[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, it is with great humility that I decided to speak to Bill C-6 today. For the benefit of anyone watching our proceedings in the House, I would like to remind everyone what Bill C-6, which we have been debating since this morning, is about.

The bill aims to discourage and denounce conversion therapy by criminalizing certain activities related to it, with the further intention of protecting “the human dignity and equality of all Canadians.” It amends the Criminal Code in order, among other things, to prohibit anyone from advertising services related to conversion therapy; forcing persons or causing a child to undergo conversion therapy; removing a child from Canada to undergo conversion therapy abroad; and receiving a material benefit from the provision of conversion therapy.

Why did I decide to speak to this today? It is simple: because I am a father. I have three amazing children, a beautiful family, and I want what is best for their future. I love them for who they are, not who I wish they were. I love them because they are complete, autonomous individuals who make their own choices. Of course, as a father, I can try to influence their choices. I can help them make the right choices and help them get back on track when they make the wrong choices. I can be there for them at all times. However, as a a father, I could never change what they are or who they are. Never, ever would it have occurred to me to pay for them to undergo therapy to change who they are.

I will be clear. A person can make poor choices, but they cannot choose who they are. A person's sexual orientation and gender are not a matter of choice. As I prepared my speech, I read the testimony of young people who had been subjected to conversion therapy. As a father, I never would have subjected my children to such treatment. Those are the values I hold and they are based on the knowledge I have and what I intrinsically believe to be the right thing to do. Many Canadians and Quebeckers share those values.

I wanted to know more about conversion therapy. I found this report from the Ordre des psychologues du Québec, which issued a statement about conversion therapy in 2012. I will read an excerpt so that members and all Quebeckers and Canadians can understand my position.

Research on these issues has shown that it would be unethical to offer homosexuals wishing to undergo psychotherapy a procedure designed to change their sexual orientation as a treatment option. Not only is this practice unproven, but it also runs the risk of creating false hope and could cause more suffering when the treatment inevitably fails.

Furthermore, offering conversion therapy, especially if the individual did not explicitly request it, may reinforce the false belief that homosexuality is abnormal, worsen the distress or shame some feel about not conforming to expectations, and undermine self-esteem. Research shows that procedures designed to change sexual orientation may have a significant negative impact and cause greater distress than that for which they originally sought psychotherapy.

The report then lists some mental health issues.

Instead, psychotherapy should focus on treating the depression or anxiety, relieving stress, building self-esteem and helping the individual face any challenges they may encounter. In other words, the treatment should help them grow without consideration for their sexual orientation.

This report was from 2012, and I think it is very clear. It is a good introduction and helps set the stage for Bill C-6, which would criminalize the practice of conversion therapy in Canada.

Had the Liberal government not prorogued Parliament, conversion therapy would probably be on the verge of being banned in Canada. The debates would have been held, everyone's views would have been heard, and the majority of the House would have already voted to ban this offensive practice, which, I must humbly admit, I did not even know about before I became a member of Parliament.

I also want to share the position taken by the Government of Quebec, which just announced that it plans to ban conversion therapy in the province. This reflects how the majority of Quebeckers feel about this practice. The practice of conversion therapy will be banned in Quebec.

It will soon be against the law in Quebec to offer a homosexual person heterosexual conversion therapy. Bill 70 will ban anyone from soliciting another, whether free of charge or for payment, to engage in a process of converting their sexual orientation. Once the bill becomes law, an offender could be fined up to $50,000, or even $150,000 in the case of a corporation. That is significant, and it speaks to the importance of this issue.

Across Canada, an estimated 47,000 men have been subjected to conversion therapy. Unfortunately, I did not find any statistics on women, but I am sure that many women have been affected. There are little to no statistics on the number of cases in Quebec, because the phenomenon is under-reported there. That probably explains why I had never heard of conversion therapy before being elected a federal MP.

No Canadian should be forced to change who they are. We know that far too many Canadians have been victims of this practice. As parliamentarians, we have a duty to protect the most vulnerable members of our society. That includes members of the LGBTQ+ community who have been victims of degrading or dehumanizing practices intended to change their sexual orientation against their will.

Everyone deserves to be treated with dignity and respect. We need to do things properly. That is why we are going to propose a reasonable amendment to the Standing Committee on Justice and Human Rights to ensure this bill does a better job of protecting Canadians.

The government could have chosen an approach that would have garnered the support of even more MPs if it had taken into account comments received when the first version of the bill to ban conversion therapy was introduced. Again, for those tuning in, an identical bill, Bill C-8, was introduced during the first session of the 43rd Parliament, but it died on the Order Paper when Parliament was prorogued on August 18, 2020.

I had an opportunity to speak to the House during that session, and I emphasized the fact that, unfortunately, the form and the content were different and needed clarification. Although the Department of Justice's website makes it very clear that private conversations between parents and children are protected, the bill did not. The Department of Justice's website states the following:

These new offences would not criminalise private conversations in which personal views on sexual orientation, sexual feelings or gender identity are expressed such as where teachers, school counsellors, pastoral counsellors, faith leaders, doctors, mental health professionals, friends or family members provide affirming support to persons struggling with their sexual orientation, sexual feelings, or gender identity.

However, this explanation is not included in the section of the bill with the definition of conversion therapy. Adding it would provide greater clarity.

We know that the member for Winnipeg North talks a lot, but sometimes he makes good requests. Today, I heard him request, perhaps unusually, that an hon. Bloc Québécois member tell him what amendments would improve Bill C-6 so it would garner greater support from members of the House and Canadians.

I am taking this opportunity to humbly submit this small improvement to Bill C-6. We will propose an amendment that will seek to guarantee that voluntary conversations between these people and their teachers, school counsellors and all those I mentioned will not be criminalized, as indicated on the department's website.

I do not mean to imply that the Liberals or the minister asked that this part of the description of the bill be removed so that they could play petty partisan politics on this important issue. If such is the case, then that is unacceptable. If it was an error, then it can be fixed. I would prefer that it be fixed than to speak about partisanship and petty politics.

However, these words, which come from the government itself and are found on the department's website, open the door to greater support from Canadians for this bill. That is important for our country and for the LGBTQ+ community. The government wants to be honest, open and transparent. Now it has a unique opportunity to show that the Liberals are able to rise above the fray for once and give more Canadians the opportunity to see themselves reflected in Bill C-6, which has the vital objective of putting an end to conversion therapy in our country once and for all.

In closing, I do not identify with an LGBTQ+ group. I cannot claim to understand how a person who has been ostracized, bullied or mocked because of who they are must feel. However, as a father, a Quebecker and a Canadian, I know that it is high time that this country put an end to conversion therapy.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, I was first elected just over a year ago. When I stepped foot in the House of Commons and sat in one those famous green chairs, I instantly felt the enormous weight of the responsibility to ethically and professionally represent the 85,000 people in my riding of Kildonan—St. Paul.

It is a very diverse riding. There are many seniors and young families, hard-working small business owners, trades professionals and public servants. There are thriving faith communities, which have risen to the enormous challenges of the pandemic and provided much needed to support to those hit hardest by the economic and health challenges. There are also many people from the LGBTQ community and many more parents, friends, sisters and brothers and neighbours to LGBTQ people.

As the member of Parliament to all these wonderful groups and many more, I have the responsibility to defend our country’s freedoms and civil liberties on their behalf and to help create a society that treats all people with dignity, compassion and respect, especially our society’s most vulnerable. That is why the discussion on Bill C-6, an act to amend the Criminal Code concerning conversion therapy and the LGBTQ community is important to me as a parliamentarian and the federal representative of Kildonan—St. Paul.

We know history has not been kind to the LGBTQ community. In Canada, in the 1800s, same-sex relationships between men were punishable by death. In the 1950s and 1960s, there were efforts to eliminate all homosexuals from the public service, the RCMP and the Canadian military. Following the decriminalization of homosexuality in 1969, things began to slowly change for the better for the LGBTQ community. The Canadian pride movement gained traction in the 1970s, but police continued to raid gay bars and arrest and intimidate LGBTQ Canadians.

However, in 1982, Canada patriated the Charter of Rights and Freedoms, and section 15 of the charter guaranteed for all Canadians equality before and under the law, and the right to equal protection and equal benefit of the law without discrimination. This section became critical for the LGBTQ community in 1995 when the Supreme Court of Canada ruled that sexual orientation should be read in or applied to section 15 of the charter.

Further, in 1992, former Conservative justice minister Kim Campbell lifted the ban on homosexuals in the military. Canada became one of the first modern countries in the world to do so. In 2005, Canada became the fourth country in the world to officially legalize same-sex marriage nationwide. These rights and many more in Canada were hard fought and won by the LGBTQ community and their allies, so they could live free and be equal under the law.

I was born in 1990, so the rights and acceptance of LGBTQ Canadians has largely been the norm for my entire life, and the 2005 same-sex marriage debate occurred just as I was entering young adulthood. For me, protection of sexual orientation, identity and expression are a given in a society that is as free, diverse and accepting as Canada.

However, we know that even today, LGBTQ Canadians face discrimination and immense hardship. When I was the shadow minister for diversity, inclusion and youth, I had the opportunity to meet with many support groups for the LGBTQ community. They shared with me truly heartbreaking stories, stories of how they provided emergency supports for young people who were, for example, kicked out of their homes for being gay, whose parents had disowned them. I was told it happens more often than one thinks.

They shared how trans kids are so often abused by others, whether at home, walking down the street or at school. They also shared how they helped older adults struggling with coming out because they grew up in a different time, when LGBTQ Canadians had to hide in the closet, so to speak. These were very eye-opening conversations for me of the realities faced by many LGBTQ people in Canada.

A young person who recently transitioned, who I have come to know, shared with me what this bill meant to her. She said, “The hardest thing for young LGBTQ people is believing your family won’t support you or love you for who you are. This bill says it’s wrong to pressure or force someone to be someone they—

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, I want to let members know how excited I am about the bill and how important it is. It has made me think of my former colleague at the University of Winnipeg, Catherine Taylor, who won a precedent-setting ethics committee review to allow kids who are part of the 2SLGBTQQIA community to participate in a research study, which resulted in her receiving death threats.

I reiterate how critical it is to protect kids when we are still evolving as a society to allow people to live who they are. This is a human right, and I want to express my support for Bill C-6.

Members of the Conservative Party have raised concerns about parental control. I would ask the member why is it so critical that kids who perhaps are in families where parents are not supportive of their identity are still provided with the protection they deserve and require to protect this human right.

[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.

[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, 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.

[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.

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.

[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.

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

Madam Speaker, I am pleased to speak to Bill C-6 today. As always, I look forward to the day that we can all be back in the chamber instead of speaking to pinhole cameras, though I am mindful of the fact that any inconveniences or challenges we face as MPs pale in significance to the impact of COVID on ordinary Canadians who have lost loved ones, lost livelihoods or who are still working on the front lines in this pandemic. These impacts have been even more strongly felt by the most marginalized among us, and especially the community I come from.

I speak today as the NDP spokesperson on sexual orientation and gender identity and expression, or SOGIE for short, but I also speak as an out gay man, someone who has been out in public life for nearly three decades. I wish we had a more representative Parliament today when it comes to topics affecting my community, like conversion therapy. Unfortunately, many of those voices we should be hearing from are absent. In the House, we have only four out gay MPs, and we have no out lesbians and no transgender or non-binary MPs. We are short about 30 MPs from my community.

Some jurisdictions have done better. In fact, New Zealand just elected what has been described as the gayest Parliament in the world, at 10% representation. While it is great to celebrate this as a milestone, I might suggest a more accurate headline that goes something like “New Zealand finally elects a Parliament that nears fair representation of the SOGIE community”. Then the story would have to go on to say that the total does not include any trans or non-binary MPs, despite New Zealand having elected the first trans MP in the world, Georgina Beyer, who served from 1999 to 2007.

I also want to give a quick shout-out today to British Columbia, which has just re-elected six SOGIE MLAs. It looks like the number will still be six when the dust settles, but that is about 7% of the legislature again and ties the U.K. This is compared to a mere 1% in the House. That is a hint to both SOGIE individuals and parties when it comes to nominations for the next election, and as someone who is always recruiting, as the gay stereotype goes, I know this remains a challenge.

Why is there a long preamble on representation? I firmly believe that the most diverse parliaments make the best legislation. It is not only that diverse parliaments are likely to have more MPs with lived experience on the topics at hand, although that is true, but that, perhaps more importantly, they will have the networks in the communities they represent and in Canada as a whole to bring those diverse experiences and voices to bear on the matters at hand. Besides, it is also important to remember, as one wag once said, “If you're not at the table, you're much more likely to be on the menu.” Clearly, in this Parliament we have more work to do to make sure diverse voices are heard on the topic of conversion therapy.

When it comes to Bill C-6, which seeks to end the practice of conversion therapy in Canada, I want to start by saying three things, at least two of which should be obvious to all but clearly are not.

The first is that no one in the SOGIE community needs to be fixed because of their sexual orientation, gender identity or gender expression. The prevalence of homophobia and transphobia makes it hard enough for many of us to live authentic lives as who we are, at home, at work and everywhere else in our daily lives. The very idea that we can or need to be fixed, which is fundamental to the concept of conversion therapy, only serves to reinforce homophobia and transphobia. The idea that one’s sexual orientation or gender identity could possibly be changed is especially problematic for those who, early in their lives, are still working their way toward figuring out exactly who they are. For queer youth, the idea they need to be fixed can and does contribute to both self-hate and fear of rejection by family and friends, both very damaging to mental health.

The second thing that should be obvious, which I think is to most people, is that certain sexual orientations and gender identities and expressions are not better than others. It is certainly not appropriate for governments to prefer some sexual orientations and gender identities over others. Nor is it appropriate to disadvantage or fail to protect some of our citizens because of their gender identity, gender expression or sexual orientation. All of us are equally deserving of equal protection under the law, and that is the essence of the issues raised in Bill C-6.

Finally, the third thing I want to raise at the outset of this debate is apparently less well understood, though it is a clearly established fact. It is impossible to change someone’s sexual orientation or gender identity, and as a result, conversion therapy is harmful to those who are subjected to it.

As for the outcomes of these practices, whether they are called conversion therapy, reparative therapy, aversion therapy or gender affirming therapy, those names do not really matter: The results are always the same. There is no change, and those who are subjected to therapy suffer from outcomes that include guilt and shame, depression, social isolation and often self-harm or even death by suicide.

Fortunately, I was never subjected to conversion therapy, though some in my own family were anything but accepting. I recognize now, ironically, that attempts to beat the gay out of me may have been actually less harmful in the long run than being subjected to conversion therapy. That is because the overt violence allowed me to focus the resulting anger and hostility outward rather than inward on myself.

Frankly, it is hard to imagine that some of the torture that was carried out in the past, under the name of therapy, ever actually took place. Far too many Canadians were subjected to barbaric practices, such as electroshock therapy, chemical castration and even exorcism, as we heard today. It is equally hard for me to accept the idea that conversion therapy should still be going on in Canada to this day, no less harmful in its results, even if somewhat less brutal sometimes in its means.

The fact that conversion therapy is harmful to those subjected to it is the reason this pernicious practice has been condemned internationally and domestically by health professionals. More than eight years ago, on May 17, 2012, on the 22nd anniversary of the removal of homosexuality from the list of recognized mental disorders, the World Health Organization issued a statement labelling conversion therapy to be “a serious threat to the health and well-being—even the lives—of affected people.”

Eight years ago, the World Health Organization called for action at the national level to ban and place sanctions on conversion therapy. No organization of health professionals in Canada currently approves of or allows the practice of conversion therapy. No provincial health plans allow for the practice of conversion therapy as part of the public health care system.

Conversion therapy is no longer supposed to be taking place within the formal health care system in this country, yet we know that it still goes on in the shadows. Not only is it taking place in Canada, but some Canadians are still being sent for conversion therapy in the United States. A report on conversion therapy in Canada was published in February of this year. It surveyed over 7,200 gay, bisexual and two-spirit men. More than 20% reported being subjected to some form of conversion therapy. When it comes to transgender and non-binary Canadians, the numbers approach 50%.

It is one thing to know from formal studies that this is still taking place, but it is quite another to hear the brave survivors who have come forward to tell their stories of the harm they suffered as a result. I encourage all MPs to listen carefully to those stories.

When it comes to Bill C-6, let me say again, as we did last March and when the bill was reintroduced recently, the New Democrats will be supporting Bill C-6 at second reading. What the bill does can briefly be summarized as follows. It specifically criminalizes subjecting minors to conversion therapy and transporting minors out of Canada for the purpose of conversion therapy. It criminalizes subjecting adults to conversion therapy against their will, and it criminalizes what we call the business of conversion therapy.

The main strength of Bill C-6 is its focus on youth, for it is young people who conversion therapy is almost always directed against. It is young people who suffer the greatest harm from the attempts to force them to be someone they are not.

Its second strength is the suite of comprehensive measures to ban the practice or promotion of the business of conversion therapy, which would help ensure the practice is actually shut down by making it illegal to charge for, to profit from or to advertise conversion therapy for both minors and adults. The bill contains significant power to seek court orders to remove offending materials from online platforms.

Let me stop here for a moment to address the reddest of red herrings concerning this bill. This is the “what about” argument: “What about the rights of others?” and in particular, “What about the rights of others whose religious freedoms might be infringed by this bill?” For me, it is always a red flag when I hear arguments that start with “what about”. The resort to what about-ism is rarely about promoting real dialogue, and is instead usually a diversionary tactic to take the argument onto grounds that what about-ers think will make it easier for them to win the argument. What I am saying is that arguments that start with “what about” are most often exercises in distraction rather than attempts to confront the real issues before us.

Clause 5 of Bill C-6 says clearly that the definition of “conversion therapy” in the bill does not refer to “a person’s exploration of their identity or to its development.” This means that there is nothing in the bill that prevents parents from talking to their children about their sexual orientation or gender identity. Nothing in the bill prevents spiritual leaders from discussing these topics with their followers. Nothing in the bill prohibits anyone from holding bigoted and outdated ideas about sexual orientation or gender identity or expression. What it does prevent is taking those beliefs and ideas and turning them into hateful and harmful practices disguised as “therapy”. How the bill is an appropriate bill for a free vote is a question that I will continue to have for my Conservative colleagues.

Returning to the NDP position on the bill, again, as I have said, we will support it at second reading. However, we do believe the bill can and should be improved. What are those improvements we are looking for?

First, we would like to see the government respond positively to the demand from the SOGIE community for a full ban on conversion therapy, a ban for adults as well as for children.

The minister has made the argument previously that his goal here is to have a bill that is charter challenge proof. His solution has been to design Bill C-6 to avoid possible charter challenges by focusing on non-consenting adults, minors and the “business” of conversion therapy. It sets aside the question of so-called “consenting adults.”

This is a good argument in that I do believe the bill would survive a charter challenge as the provisions around the business of conversion therapy included will result in an effective ban on the practice for consenting adults, at least when it comes to paid services. However, a total ban would also survive a charter challenge. I would very much like to see any legal opinions that the government might have saying that it would not.

In brief, my argument here is that there is an equally compelling charter argument that it is a reasonable limit on fundamental rights to prohibit anyone from giving consent to a practice that is clearly harmful to those subjected to it. Without going too far down the legal rabbit hole here, there is parallel jurisprudence that has upheld restrictions on things like fight clubs, which leads me to conclude that a full ban would also be found charter compliant.

The second and perhaps more significant area in which the bill can be improved is in the language used to define what conversion therapy is. The language in Bill C-6 is actually pretty good when it comes to the traditional conversion therapy practice directed at sexual orientation. I am also glad that there is language in the bill attempting to ensure it covers banning conversion therapy directed at trans and non-binary Canadians.

This kind of practice is often styled as “gender-affirming therapy” or “transition treatment” or other such positive-sounding names. However, this is where the language in the bill is not so good. The committee will need to have a close look at this clause of the bill to ensure it is as comprehensive and up to date with current practice as possible when it comes to so-called therapies aimed at transgender and non-binary Canadians.

Now let me address a bit of revisionist history that has crept into the discussion of the bill. I want to take a moment to remind the House how we got here to second reading on a bill to ban conversion therapy. Of course elected officials have played a role, but not everyone who is on side now was always there.

Former Saskatoon West NDP MP Sheri Benson, the only out lesbian in the previous Parliament, sponsored petition e-1833 in the last Parliament, which called on the government to ban conversion therapy. That petition received nearly 20,000 signatures. When the petition was presented to the government in March of 2019, the Liberal government said it would take no action as it argued conversion therapy was a provincial responsibility.

In his 2019 Pride message, the NDP Leader, the member for Burnaby South, called for a ban as part of the NDP Platform. The Liberals still refused to budge. Then on September 29, in the midst of the election campaign just over a year ago, the Prime Minister suddenly changed course and promised a federal ban on conversion therapy. His December 2019 mandate letter for the justice minister included instructions to bring forward legislation to ban conversion therapy. I thank the minister for doing so and I welcome this conversion. I have no doubt also in the sincerity of his intentions to get a bill through this Parliament, which will end this practice.

However, let me stress today as always that no progress on SOGIE rights has ever taken place that has not been fought for by courageous members of our community and no place has that role been more important than in the case of brave conversion therapy survivors who have stepped up to tell their stories. Without them, the rest of us might have gone on blithely assuming that formal professional condemnation of conversion therapy was enough and had actually stopped this practice.

I cannot name all those who have spoken up, but let me quickly point to two who have helped deepen my understanding of how harmful this practice can be and how it continues to go on. I thank Erika Muse and Matt Ashcroft for speaking boldly and publicly.

There are days when the younger me is still surprised that I can stand in the House of Commons and speak as an openly gay man, and even more surprised that I do so as an official party spokesperson on sexual orientation, gender identity and expression. However, there are also days when I am discouraged about the long distance we still have to go to reach full equality and acceptance, especially for transgender and non-binary Canadians. There are also days when I am hopeful that we will soon see more MPs from my community, including trans and non-binary representatives. We need those diverse voices in the House and young Canadians need to see those role models.

It is time to act and in fact long past the time to bring an end to this harmful practice. As welcome as new laws banning the practice are, new laws alone will not be sufficient to repair the past damage from conversion therapy nor combat the hate that underlies these practices. The government will need to fund capacity building within the SOGIE community so these challenges can be addressed by our community ourselves. Unfortunately, for some from our community it is far too late and they will never be able to be brought back to us.

I look forward to the speedy passage of the bill so we can get on with the important work of healing. I look forward to the day when we can say that all forms of conversion therapy have been banned from Canada and are no longer practised. I look forward to the day we can fully celebrate the full range of sexual and gender diversity in our country.