An Act to amend the Criminal Code (conversion therapy)

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

Sponsor

David Lametti  Liberal

Status

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

Summary

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

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

Elsewhere

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

Votes

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

Criminal CodeGovernment Orders

June 7th, 2021 / 4:05 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, if Parliament is seeking to ban something, then it is very important that Parliament clearly know and understand what it is banning. Parliament should be careful to precisely identify the things that it wishes to ban so not to accidentally, through sloppy legislative drafting or through the mal-intent of some and the fear of others, ban things that it does not officially intend to ban.

Whatever may be said about the government's intention in banning something, good intentions are clearly not enough. If it is banning a thing, then it must correctly identify the thing that it wishes to ban and ban that and that alone.

A legislature might wish, for example, to ban violence, but in the process accidentally also ban legitimate acts of self-defence. A legislature might legitimately wish to ban certain toxic substance, but should still be careful to consider the reasonableness of exceptions, considering all the cases in which those substances are used, such as research or secure technological applications.

If the government said that it was going to take tough measures to combat hard drugs, I would likely support those measures. However, if it miswrote the definition of hard drugs to include all potentially addictive substances, including caffeine or alcohol, then I would vote against those measures. It is not because I do not want to stop the use of hard drugs, but because I would object to the misuse of that term to apply to things which were not in fact hard drugs.

It should be a simple thing to say, in general, that when legislation is debated, the details matter, yet too often the rhetoric we hear from the other side invokes good intentions at the beginning and the end of the argument. When powerful people, in this case parliamentarians, do sloppy or imprecise work, even with good intentions, the results can be disastrous.

The government says that this is a bill to ban conversion therapy, so then what is conversion therapy? As I have said, if we are to ban it, then we must first know what it is and how it will be defined in law. This conversation, in general, has been frustrated by the fact that the government toggles back and forth between two very different definitions. One definition is what conversion therapy has actually meant for as long as the term has been used up until the tabling of the legislation. The other is the definition that has been used in the bill. These are two very different definitions. We are on the verge of banning the wrong thing, based on a bad definition.

Let us first look at the historical or traditional definition of what constitutes conversion therapy. About 100 years ago, the world saw the emergence of pseudoscientific practices which purported to change a person's sexual orientation. These involved the use of a medley of coercion, shaming, violence, physical and psychological abuse, electric shock, ice baths, hyper-sexualized heterosexual experiences, etc.

When this matter was first raised in the House, I spent some time reading, watching and listening to stories of people who had been victims of conversion therapy, and was absolutely horrified by the experiences that some people described. Conversion therapy is wrong and it should be banned, and we should be clear about why.

It is not illegal to have an opinion about when, where or how people should have sex. Indeed, it is quite normal for people to make choices about sexual behaviour and to, in certain cases, choose to limit their own sexual experiences based on whatever factors they think are important or to share their opinions about these matters with those around them. If there was something wrong with giving advice about when to have or not to have sex, we would be driving a whole industry of therapists and relationship advice columnists out of business.

However, conversion therapy is something totally different. We can all agree, I hope, that degrading people, making them feel less valuable or less human because of sexual or romantic feelings or behaviour is never acceptable. A belief in universal immutable human dignity is foundational to our way of life. Nobody's orientation or behaviour justifies subjecting he or she to violence, bullying or degradation.

If we were actually working to try to get consensus in this place, then that really could be the basis for an agreement. Conversion therapy, as it has been historically defined and understood, is a bad thing, is contrary to human dignity and should be banned. I think we actually all agree on that.

Notably, there has, for a number of years, been a conversion therapy ban in the municipality where I live. The definition of conversion therapy used in Strathcona County's bylaw on the subject is as follows:

“Conversion Therapy” means an attempt to change an individual’s sexual orientation, gender identity, gender preference, or gender expression; an attempt to convert an individual from one orientation, identity, preference, or expression to another. Conversion therapy includes various physical treatments, chemical or hormonal treatments, drug treatments, counselling, or behaviour modification through shaming or emotionally coercive or traumatic stimuli. Conversion therapy does not include clinical assessment and treatment by a medical professional that explores all aspects of an individual’s sexual orientation, gender identity, gender preference, or gender expression, or that explores an age- or developmental-level-appropriate use of gender transition to align an individual’s anatomical features with the individual’s gender identity.

That is a pretty good definition. Any time this sort of thing is put in criminal law, it probably requires an extra level of scrutiny beyond what could happen at the municipal level. However, I would generally credit our municipal leaders in getting it right. They were able to write a definition that identified conversion therapy as pertaining to a quasi-therapeutic context in which a change to sexual orientation or other characteristics is brought about through shaming, emotional coercion or traumatic stimuli.

The work of this one municipal council made up of nine people shows us that it is possible to get the definition right. That is where we should be in terms of definitions when we talk about banning conversion therapy.

However, Bill C-6 uses a false definition of conversion therapy. As amended at committee, with the amendments carrying the support of Liberal and NDP members only, it now defines conversion therapy as:

...a practice, treatment or service designed to change a person’s sexual orientation to heterosexual, to change a person’s gender identity or gender expression to cisgender or to repress or reduce non-heterosexual attraction or sexual behaviour or non-cisgender gender expression. For greater certainty, this definition does not include a practice, treatment or service that relates to the exploration and development of an integrated personal identity without favouring any particular sexual orientation, gender identity or gender expression.

There are three important distinctions between the definition used by my local municipal council, the mayor of which, by the way, is a former Liberal candidate, which is well aligned with the proper and historic definition of conversion therapy, versus the one used by Bill C-6.

First, the definition in Bill C-6 does not refer to any pseudo-therapeutic context. There is no clear definition of what would or would not constitute a practice, treatment or service. As we pointed out at committee, a key principle of law is that the legislature does not speak in vain, so each of these three things would be understood to be different. A service is more than just a treatment and a practice is something other than a treatment or service. A thing could be any of these three things and still be considered conversion therapy according to Bill C-6, although not according to my local municipal bylaw.

Second, there is no reference to coercion, degrading treatment, traumatic stimuli, etc. being part of conversion therapy. Therefore, again, conversion therapy could simply be a word, a statement or a conversation according to Bill C-6, although not according to my municipal bylaw.

Third, and most important, the definition in Bill C-6 includes references to advice or therapy that seeks to modify sexual behaviour as opposed to sexual orientation, and this is a really radical departure. For the first time, it says that advice or statements that do not seek to change orientation or identity but simply advise about sexual behaviour could be considered conversion therapy as well.

Without limiting the definition of conversion to a pseudo-therapeutic context, a simple, informal conversation between two people could be deemed conversion therapy depending on what it is. For a conversation to cross the line into conversion therapy, according to the definition used in the bill, it would not be necessarily pushing a change in orientation, but simply to be suggesting some modification of sexual behaviour. This is now being called conversion therapy in this new definition invented by Bill C-6.

Therefore, let me make this concrete. Suppose that a close friend of mine comes to me for advice and confides that he is having some serious challenges in his relationship and those challenges have led him to be unfaithful to his partner. Suppose I encourage my friend to be faithful to his partner and stop cheating or suppose I encourage this friend to breakup with his partner and just focus on himself for a while. Now, if, in this hypothetical situation, my friend is straight, then I have broken no law. However, if my friend is gay, then my advice to him has violated the law, because by enjoining him to either reduce his number of sexual partners or to be single for a while, I have engaged in a practice that seeks to reduce non-heterosexual sexual behaviour. The definition of conversion therapy in Bill C-6 is so broad that it would apply precisely to that conversation.

We can hope that I would never be prosecuted for simply giving a gay friend relationship advice, but suppose that similar advice were given by a mentor or a counsellor perhaps to a young person. It is not, I imagine, uncommon for parents or mentors to advise young people in terms of partner reduction, fidelity in relationships, waiting before becoming sexually active, etc. As a young person, I certainly was a recipient of this sort of advice from time to time. However, since any of this advice if given to a gay person would constitute a practice seeking to reduce non-heterosexual sexual behaviour, it could run afoul of criminal law.

To summarize, we have two different operating definitions of conversion therapy: the historic and proper definition; and the false definition in Bill C-6, which extends the term “conversion therapy” to many ordinary conversations, many of which, as the one I described, are not the sort of thing that any reasonable person would want to prevent from occurring.

In light of this simple and very fixable problem, Canadians began to speak out, and my office launched a petition, all with a very simple message: fix the definition. Just fix the definition and then we can all support the bill.

Recently some members of other parties have tried to attack the motivation of those who are concerned about the definition. They have claimed that we are just looking for an excuse to vote against the bill. For those who are levelling this challenge, I would say, “Please, call our bluff”. If they think we are just looking for an excuse to vote against the bill, then why not accept the reasonable amendments we are putting forward and then see what happens?

I am generally loath to give the government political advice, but if the Liberals believe there are members of the House who actually want to oppose a conversion therapy ban, then they should endeavour to address at least the more obvious problems of the definition and thus leave those who allegedly wish to oppose the bill without excuse. Then those who have allegedly been using this excuse simply as an excuse would find themselves in a real bind if the government were to accept some reasonable amendments.

If the Liberals did so, of course, they would find in reality that the bill would pass unanimously. I think at this stage it is obvious that they know this, and that they would rather leave in the definitional problems that we have pointed out, so as to create a political wedge. Sadly, though, it is a political wedge that will potentially cause serious problems for the rights and freedoms of Canadians in terms of the freedom to simply share personal opinions about sex and relationships, even in private.

When this bill came to a vote at second reading, I made the decision to abstain. It was a difficult decision, because I generally do not like to abstain. I worked hard to get here and nobody can vote on behalf of the people of my riding in my stead.

However, there are cases where it is particularly challenging to cast a ballot at the second reading stage of a bill, because while third reading involves a vote on the final text of a bill, second reading is generally thought of as a vote on the principle or objectives of the bill. For those watching these proceedings who may be less familiar with the legislative process, every bill goes through second reading debate and a vote where the general principle of the bill is considered. After that, the bill is refined by committee and then it returns to the House of Commons for a debate and vote at the third and final reading where MPs must consider not only the intention of the bill, but also its substance and text.

Making a judgment at third reading is relatively straightforward, because one is considering the text of the bill in final form. However, making a judgment at second reading about the objective of the bill requires me to evaluate the government’s unspoken intention. Do I agree with what it seems to be trying to do in spite of the technical flaws in a piece of legislation, such that I will support it going forward for further consideration, or do I determine that the flaws in the bill are there by design and demonstrate a policy decision of the government to draft the bill in an overbroad way?

It is sometimes impossible to resolve the question of what the true intent of a bill is without being able to read minds. Ultimately, being unable to resolve this question of the government’s true intention, cognizant of the importance of banning conversion therapy but unconvinced that the flawed definition was simply a drafting error, I decided to abstain from the bill, hoping that I would have an opportunity to vote for it at third reading after committee study.

I had hoped for the best. I had hoped the professions at second reading of a desire to get this right and clear up any ambiguities would turn out to be sincere. When this bill went to committee, it attracted significant public attention and interest, so much so that the committee received close to 300 written briefs from various stakeholders and concerned members of the public. Liberals on the justice committee sadly made a mockery of the committee process by refusing to even allow enough time to read those briefs, refusing to incorporate reasonable concerns and table-dropping amendments to actually make the problems with the definition even worse.

At that stage, where various amendments were considered, Conservative members put forward reasonable amendments that sought to fix the definition. These were opposed by the Liberals and the NDP, who, in the process, also tipped their hand about their true intentions. I noted in particular the comments of the member for Etobicoke—Lakeshore in response to one of the reasoned Conservative amendments.

Conservatives proposed an amendment taking language directly from the Department of Justice website, clarifying that the definition of conversion therapy would not apply “to the expression of views on sexual orientation, sexual feelings or gender identity, such as where teachers, school counsellors, pastoral counsellors, faith leaders, doctors, mental health professionals, friends or family members provide support to persons struggling with their sexual orientation, sexual feelings or gender identity”. This amendment would have taken a big step to addressing the problems in the definition, but when this amendment was put forward, the member for Etobicoke—Lakeshore said, “I'm concerned that this amendment would defeat the purpose of the bill."

Again, during the final stage of the committee study, when Conservatives proposed an amendment that simply sought to clarify in the definition that conversion therapy would not apply “to the expression of views on sexual orientation, sexual feelings or gender identity,” a Liberal member admitted that the adoption of this amendment would defeat the purpose of the bill.

I thought that the purpose of the bill was to ban conversion therapy, not to restrict the expression of personal views on issues involving sexuality. However, this was a clear admission from the government side that restriction on the expression of views is at least part of the purpose of this bill.

I want to salute the hard work of Conservative members on the justice committee, but also to recognize the member for Rivière-du-Nord, the Bloc member on the committee. I suspect that there are many issues on which he and I will disagree, but I know that he took his role on the committee to study and improve the legislation very seriously.

It was the member for Rivière-du-Nord who noted at the beginning of clause-by-clause consideration that the committee had received hundreds of briefs from members of the public that had only been translated and distributed the day before. He noted that it would have shown a necessary level of respect for the public who had submitted these briefs to delay clause-by-clause for one meeting, allowing members to review the briefs and incorporate insights contained therein. Conservatives supported this Bloc member’s motion to allow time for members to review the briefs that had been submitted. This motion was defeated by the Liberals and the NDP, who insisted on proceeding with clause-by-clause without reviewing the briefs.

Ironically, after this bill was considered that day at the justice committee and referred to the House, the government has not even scheduled the bill for a full day of debate until last week, more than five months after its adoption by committee. Therefore, no time would have been lost at all by delaying the clause-by-clause so as to allow members to consider the input from the public, as suggested by the member for Rivière-du-Nord.

The fact is that government voted against this proposal because it did not want to hear the constructive suggestions put forward by the hundreds of Canadians and Canadian organizations that had taken the time to submit briefs and information to the committee. After defeating this Bloc motion, the government worked with the NDP, table-dropping an amendment that significantly worsened the definition, from the perspective of clarity.

The amendment the Liberals put forward without prior notice, added in the idea that conversation therapy includes an effort to reduce non-cisgender gender expression. What would constitute non-cisgender gender expression? Let me quote directly from the committee intervention of the member for Rivière-du-Nord at committee. He said—

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

Conversion TherapyPetitionsRoutine Proceedings

June 7th, 2021 / 3:45 p.m.
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Conservative

Tamara Jansen Conservative Cloverdale—Langley City, BC

Mr. Speaker, the final petition I will present today relates to Bill C-6. Just like every member of this House, these petitioners want to see conversion therapy banned. No Canadian should be subject to a harmful and degrading practice that seeks to change their sexuality against their will.

They also recognize, however, that the definition of conversion therapy used in Bill C-6 is a poorly written definition. The definition is not used by any medical body in the world, and it will cause this bill to ban not only the harmful practices we all want banned, but also the support that helps certain LGBTQ Canadians. As we debate this bill together today, let us not forget the countless people who have benefited from the type of support this bill will ban, and that they have asked us not to forget about them as we craft this legislation.

LGBTQ2S+ OrganizationStatements by Members

June 7th, 2021 / 2:05 p.m.
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Liberal

Soraya Martinez Ferrada Liberal Hochelaga, QC

Mr. Speaker, it is International Pride Month, and I want to take this opportunity to recognize the outstanding work that is being done by many LGBTQ2S+ organizations in my riding, particularly Fondation Émergence.

Fondation Émergence held the first day against homophobia in 2003, and it fights every day to educate and raise the awareness of Quebeckers with regard to the realities of the LGBTQ2S+ community.

As a government and as citizens, we have the responsibility to ensure that everyone can live as they see fit without discrimination, no matter who they are or who they love. That is why our government introduced Bill C-6, which seeks to protect the dignity and equality of members of the LGBTQ2S+ community by criminalizing conversion therapy. That is one of the most progressive and comprehensive legislative responses in the world because no one should try to change anyone's sexual orientation or gender identity.

I would like to once again thank Fondation Émergence for the important work that it does in my riding to combat discrimination against members of the LGBTQ2S+ community in Hochelaga, in Quebec and around the world.

Criminal CodeGovernment Orders

June 7th, 2021 / 1:45 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I would like to thank my colleague, the member for Skeena—Bulkley Valley, for sharing his time today.

At the outset, I will acknowledge the LGBTQ community in my riding of Cowichan—Malahat—Langford. I want to put this in the context of the privilege I have of serving as member of Parliament for this beautiful part of Vancouver Island, but also the great responsibility that comes with that. As members of Parliament, we have the power and responsibility to stand up for people in our ridings and communities and across the country who have traditionally been on the margins, who have not been recognized as equals by large parts of Canadian society, and who have been actively discriminated against in the past through our laws and policies.

That is one of the things that we members of Parliament have to do. We have to stand on this incredible stage in the House of Commons to do what we can to change this country so that everyone is equal no matter who they love or what their social background, race or origin. We have to stand up and be champions for every member of our communities. I take very seriously that responsibility and the privilege I have had over the last nearly six years in this role.

We are speaking today about the government's Bill C-6. I want to acknowledge and thank the Minister of Justice for bringing forward Bill C-6. I know he held many consultations. My NDP colleague, the member for Esquimalt—Saanich—Sooke, was part of those consultations and I would like to thank him for his advocacy in the House.

The bill before us, Bill C-6, would amend the Criminal Code. It got me thinking about federal criminal law power in general, because it is a powerful tool of the federal government. We know from previous rulings of the Supreme Court of Canada that a valid criminal law power requires, number one, a prohibition; number two, a penalty; and number three, a valid criminal law purpose. Those have been traditionally listed as peace, order, security, morality and health. Those are the broad areas in which federal criminal law power can be applied.

Bill C-6 and the practice it is trying to prohibit fall very clearly under security and morality, because it is so morally wrong to force people to undergo a change from who they are. It also applies under section 7 of the charter: security of the person. Individuals are being denied security of the person by being forced to go through conversion therapy. We know this is an extremely harmful practice. We have heard testimony about how it has ruined lives. As many members who have spoken to Bill C-6 before me have said, when I speak with constituents they always express surprise that this practice is still ongoing in Canada.

Reparative or conversion therapy is a very dangerous practice that targets LGBTQ youth and seeks to change their sexual or gender identities. It has sometimes been called reparative therapy, but I hate the fact that we are even using the word “therapy”. Therapy, in my mind and I think in the minds of most Canadians, indicates a practice or some sort of counselling that is going to help someone get to a better place. This does not do that in any way. It is a range of dangerous and discredited practices that falsely claim to change a person's sexual orientation or gender identity or expression and it has been found by all experts to be fraudulent and harmful. In fact, the practice has been rejected by every mainstream medical and mental health organization for decades, but because there is continuing discrimination and societal bias against LGBTQ people, some practitioners continue to conduct this practice.

We know that minors are especially vulnerable, and that being forced to undergo conversion therapy leads them to experience depression, anxiety, drug use, homelessness and, in worst cases, death by suicide. We heard powerful testimony at the justice committee from survivors of conversion therapy, even before the bill began its formal process of debate, documenting what this practice had done to their lives. The fact that it is still going on in Canada leads to a lot of shock.

To show how much the world has changed in a short time, but also the changes that we still need to see, until 1990 homosexuality was considered by the World Health Organization to be a mental disorder. Today we are in the unfortunate position where gay sex remains illegal in 68 nations around the world. In those countries homosexuality has very serious penalties, including the death penalty and complete ostracization from mainstream society.

Canada has an important role to play on the world stage to show that we accept people for who they are and that we do not judge. We also have to be a voice of moral clarity on the world stage and speak out against those harmful practices. We do that to some extent.

The societal pressure of forcing gay and trans people to become heterosexual, or to be some kind of a societal norm, has been extremely harmful. Many conversion therapy practices have been based on religion, and have included talk therapy, hypnosis and, in some cases, electrical shocks and fasting.

It is incumbent upon us in the House of Commons, as the people's elected representatives, to recognize how harmful this practice is and to make our voices heard and say, “No more.” We are going to use the full force of the federal criminal law power, make a stand and declare how harmful this practice is, and we are going to take steps to prohibit it.

Particular sections of the bill include prohibitions against forced conversion therapy, against causing a child to undergo conversion therapy, against advertising conversion therapy and against materially benefiting from conversion therapy.

I want to take a moment to address the concerns that have been raised by some of my colleagues in the House. In each of those prohibitions, we see the phrase “conversion therapy.” This bill has taken the time to provide a definition of what conversion therapy is. In response to some of the current concerns, the greater certainty clause of that definition was expanded, and it now says it does not include:

The exploration and development of an integrated personal identity without favouring any particular sexual orientation, gender identity or gender expression.

That means the definition does not include a practice, treatment or service that relates to those specific things. This helps provide that clarity for conversations between parents and their kids, church ministers and parishioners or people who simply want to have that conversation in a semi-formal setting. It does not in any way prohibit conversations from occurring.

In my mind at least, I believe that the concerns have been dealt with, and the harms that come from this practice warrant that this bill be passed.

In conclusion, I would like to say clearly and unequivocally that I will be supporting Bill C-6, and I hope my colleagues will join me so we can send this to the other place for royal assent in short order.

Criminal CodeGovernment Orders

June 7th, 2021 / 1:30 p.m.
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NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I will be sharing my time with the member for Cowichan—Malahat—Langford.

It is always an honour to rise in the House, even the virtual House, on behalf of the people of Skeena—Bulkley Valley. In fact, in some ways it is even more significant to rise on their behalf in this way because, if I turn my head to the right, I can see the people of this wonderful place walking by outside my office, and it reminds me of the sacred responsibility that I have to do well by them in this place.

I have spoken to LGBTQ youth about what it was like growing up in small rural towns in northern British Columbia. Most of them who grew up in towns like Smithers, where I live, in the 1980s and 1990s say it was not a very tolerant place. Many of them left as soon as they could, off to places where they were more free to be themselves. That is changing, and that is a very good thing.

My office is half a block down from Smithers’s rainbow crosswalk, first painted in 2016. As mayor at the time, I was proud to help make the crosswalk happen, but really it was the work a woman named Anna Ziegler, who wrote to council and got the ball rolling on that initiative.

In the following years it has been repainted, and of course, in northern B.C., these things have to be repainted because of our harsh winters, and the road sand and salt that gets put down every year. In the following years the crosswalk was repainted by the fabulous leaders of the local Girl Guides patrol, who had to don Tyvek suits and respirators to survive the perils of the industrial road paint. It was quite a scene.

A couple years later, in 2018, the group Smithers Pride was formed and the community’s first community-wide pride event was held. At the time, Safeway and the BCGEU teamed up to hold a barbecue. We blocked off the street and it was a wonderful event. I thought it might be northern B.C.'s first pride event, but then I learned that the tiny village of Masset on Haida Gwaii not only has a pride event, but it has four rainbow crosswalks.

I mention all of this because the community where I live, and indeed our entire region, is becoming a place where everyone, no matter their sexuality or gender identity or expression, receives the full measure of respect, belonging, safety and rights, and it is worth celebrating.

This month is pride month, a good month to be conducting this final debate on this important bill before us. Before I talk about the bill itself, I want to recognize some of the folks who have been leading the way when it comes to making my home community a more inclusive place, especially Perry Rath, who is a teacher at Smithers Secondary School, and Brianna van Donselaar, Sophie Perodeau and Sarah Payne. I thank them for the important work they have done and continue to do.

Bill C-6 is about protecting people from a practice that has no place in our society. Let us be clear about what conversion therapy is. The definition in the bill before us calls it, “a practice, treatment or service designed to change a person’s sexual orientation to heterosexual, to change a person’s gender identity or gender expression to cisgender or to repress or reduce non-heterosexual attraction or sexual behaviour or non-cisgender gender expression.”

I read the Department of Justice’s charter statement on Bill C-6, and its description of the harms of conversion therapy is worth repeating here, because it underlines, I believe, why this bill is so important:

Conversion therapy has been denounced by medical and psychological professionals as being ineffective and the source of harm and potential harm. Conversion therapy has resulted, or risks resulting, in harms such as distress, anxiety, depression, stigma, shame, negative self-image, a feeling of personal failure, difficulty sustaining relationships, sexual dysfunction and having serious thoughts or plans of—or attempting—suicide. Its continued existence also harms the dignity of LGBTQ2 people by perpetuating myths and stereotypes based on sexual orientation or gender identity—in particular, that the sexual orientation or gender identity of LGBTQ2 people is undesirable and can and should be changed.

The harms of conversion therapy are clear and well established. This practice has no place in a free, tolerant society such as Canada's, and it is incumbent upon all of us as elected representatives to protect the SOGI community from these harms. Everyone in Canada should be free to love whom they love and be who they are, free from stigma, intolerance and coercion.

Bill C-6 would ban the following: causing an individual to undergo conversion therapy against their will; causing a child to undergo conversion therapy; removing a child from Canada to undergo conversion therapy abroad; receiving a financial or other material benefit from the provision of conversion therapy; and, finally, advertising and offering to provide conversion therapy.

It is clear that there are some Conservative members in this place who oppose the bill and will vote against it, and to be clear, I have met with constituents of mine who have deep misgivings. Most of these misgivings purport to be based on the notion that conversations or counsel between parents and children, or between pastors and those they counsel, could be wrongly caught up in the bill's provisions. These are fair considerations for us to discuss in the debate on this legislation.

However, I would note that the justice committee has addressed this by adding a “for greater certainty” clause that highlights what the definition of conversion therapy does not include, namely, “a practice, treatment or service that relates to the exploration and development of an integrated personal identity without favouring any particular sexual orientation, gender identity or gender expression”. I believe that this should provide some peace of mind as we move forward.

There are two other important amendments I will note. Changing “against a person's will” to the phrase “without consent” utilizes wording that is much more commonly used and understood. Importantly, broadening the scope of the definition of conversion therapy to include “gender identity” and “gender expression” not only makes it consistent with the language used in other legal protections, but also allows it to address new forums of conversion therapy.

I will end my remarks today by acknowledging the member for Esquimalt—Saanich—Sooke, whose work on the bill has been exemplary and who, sadly, has been the target of harassment and online hate for his work. He is a champion for the rights of the SOGI community, and his work in this place is creating a legacy of safety, inclusion and protection of fundamental rights. I thank the hon. member.

We have a decent bill in front of us that moves us forward as a country and would provide legal protection for people who deserve it. Love is love, and people deserve to simply be who they are. I will end by mentioning that I spoke about the bill to my 16-year-old daughter. I told her that Parliament was working to make conversion therapy illegal. She said, “You mean it's legal?” That is exactly what I think as well.

I wish members a happy pride month. Now let us make this law.

The House resumed from May 31 consideration of the motion that Bill C-6, An Act to amend the Criminal Code (conversion therapy), be read the third time and passed.

Business of the HouseOral Questions

June 3rd, 2021 / 3:30 p.m.
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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, I would like to join my colleagues in congratulating you and thanking you for all that you have done. The fact that you have been there for so long attests to your sense of ethics, professionalism and collegiality, among other things. Thank you once again, and congratulations for all that you have done.

In response to my esteemed colleague's question, this afternoon, we will continue the debate on the NDP's opposition motion. This evening, at the expiry of the time provided for Private Members' Business, we will have a series of speeches and then proceed to the passage of Bill C-8, an act to amend the Citizenship Act regarding the Truth and Reconciliation Commission of Canada's call to action number 94, at third reading.

Tomorrow morning, we will begin with the second reading of Bill C-21, an act to amend certain acts and to make certain consequential amendments regarding firearms, and then, in the afternoon, we will move on to third reading of Bill C-6, an act to amend the Criminal Code regarding conversion therapy.

As for next week, on Monday, we will resume second reading of Bill C-21. Tuesday will be an allotted day. Wednesday, we will proceed with Bill C-30, an act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures. Debate on that bill will continue on Thursday and Friday.

Congratulations once again, Mr. Speaker, and I thank my colleague for her question.

Immigration, Refugees and CitizenshipOral Questions

June 1st, 2021 / 2:50 p.m.
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Waterloo Ontario

Liberal

Bardish Chagger LiberalMinister of Diversity and Inclusion and Youth

Mr. Speaker, for our government, LGBTQ2 rights are human rights. Whether that is domestically or internationally, Canada will always take a strong position. Our record demonstrates that.

What is unfortunate is that the member is very bold to ask that question when just yesterday we were debating Bill C-6 in regard to protecting LGBTQ2 rights for Canadians. What are the Conservatives doing? They are holding up that legislation. The Bloc, the NDP and the government are ready to call the question, and the Conservatives are stopping it. Maybe they want to get their act together and take a position, and state that LGBTQ2 rights are in fact human rights.

Conversion TherapyPetitionsRoutine Proceedings

June 1st, 2021 / 10:05 a.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Mr. Speaker, it is my honour to rise in the House of Commons today to present a petition brought forward by Canadians who are concerned about the government's Bill C-6.

The petitioners call for the House of Commons to take a number of actions: one, ban coercive, degrading practices that would try to change a person's sexual orientation or gender identity; two, ensure that no laws discriminate against Canadians by limiting the services they can receive based on their sexual orientation or gender identity; three, allow parents to speak with their own children about sexuality and gender and to set house rules about sex and relationships; four, allow free and open conversations about sexuality and sexual behaviour; and five, avoid criminalizing professional and religious counselling voluntarily requested and consented to by Canadians.

Criminal CodeGovernment Orders

May 31st, 2021 / 6:10 p.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, it truly is an honour to be standing here to speak about this very important bill, Bill C-6. As usual, I do my research, I write my notes and then I stand in the House of Commons and decide I am not going to talk about all the things in my notes, but will share some of the experiences I have had as an ally to the LGBTQ community, recognizing some of the relationships that I have built in this community as an ally and speak with their support.

Back in 2018, I was invited to view the documentary The Fruit Machine in Ottawa. The director brought forward this documentary speaking about what happened in the Canadian Armed Forces to members of the LGBTQ community from the 1950s up to the 1990s. It is their stories that we need to hear today; we need to talk about what actually happened.

To begin, I would like to thank Sarah Fodey for her work to bring this story to light. Sarah was the director of this documentary and stated:

I want people to leave this documentary angry that this [injustice] happened, and committed to talking about it in their own communities. I also want people to cry and laugh in parts of this film.... [Many of the survivors] have used humour as a way to cope, I suspect.... They are magnetic. You want to hear more from them because they make you laugh on the heels of making you cry. It's a beautiful combination.

We need to look at the history of discrimination against the LGBTQ community in Canada to reconcile what has happened and see how we can move forward. That is why Bill C-6 is something to move forward. I will be honest that there are some concerns. Those concerns are not so embedded in me that I feel we cannot overcome them, but I do understand some of them. We need to look at the history in Canada and what has happened to members of the LGBTQ community. We should have great shame. I know that back in 2018 there were formal apologies from all of the party leaders in the House to the members of the Canadian Armed Forces, the RCMP and some members of the civil service, who lost their positions and careers because they were identifying as members of the LGBTQ community.

I want to back go to the history. As I indicated, this goes back to when the fruit machine was being used. During the Cold War, Canada investigated federal employees and members of the Canadian Armed Forces deemed susceptible to blackmail by Soviet spies. This is 2021 and we do not see that anymore, but back then there was a huge concern that members of the LGBTQ community would be used as collateral. They would be used and held as collateral and they did not know what to do in those positions.

Homosexuality was grounds for surveillance and interrogation by the Royal Canadian Mounted Police under the directive of the newly established security panel. Over the course of four decades, thousands of men and women had their privacy invaded, their careers ruined and their lives destroyed because of this scientific machine and a disgraceful mandate that was put forward.

We ask what this machine was all about. To be honest, when we look at it, we can say it is like conversion therapy. They used this machine. They would hook people up and see whether their pupils dilated. For three years, members of the Canadian Armed Forces, the RCMP and the civil servants were put into this situation and had to prove they were not members of the LGBTQ community. This fruit machine was being used to test them, just like a lie detector machine. They were asked personal questions. The types of responses they gave, whether were they stressed or lying, were looked at. We have to understand the discrimination that so many members of this community had gone through while all they were trying to do was serve our great country.

The development of this machine was very riveting. Lots of people wanted to know about it, but it was a failure and after three years, its use was discontinued. The fruit machine story captures the imagination and is truly symbolic of what members of the LGBTQ community were feeling, like conversion therapy. I look at these two things as coinciding.

I look at the way members of our Canadian Armed Forces were treated and think of a story that was published in The Washington Post by Todd Ross, who was in naval combat. I want to read this to look at what we have done in Canada, how we can do better and how this bill would move us forward.

It states:

Todd Ross was a naval combat information operator on the HMCS Saskatchewan in 1989 when he was called out over the public address system, escorted off the destroyer by officers and told he was the subject of an espionage probe.

Over the next 18 months, Ross was given six polygraph tests and interrogated about his sexual orientation and loyalty to Canada.

Eventually, he broke down. Facing a two-way mirror, he admitted to a stranger what he had not yet told some close confidants.

“Yes,” Ross said. “I'm gay.”

The 21-year-old seaman was given an ultimatum: Accept an honourable discharge or lose his security clearance, effectively extinguishing any prospect of career advancement. He chose the discharge and returned home to New Brunswick, where only a few years earlier he had been named the province’s top army cadet.

Ross was one of thousands who lost careers in the armed forces, the Royal Canadian Mounted Police and other government agencies during the country’s notorious “gay purge” from the 1950s to the 1990s. A legal challenge brought the policy to an end in 1992. Now its victims are gaining greater recognition.

I want to talk about the person who actually started this process. I have been so fortunate to meet her, not only at the status of women committee as a witness, but also through this work she has done on the LGBTQ purge. Her name is Michelle Douglas. Many people are probably very familiar with Michelle Douglas here in Ottawa and the great work that she has done for the LGBTQ community. She was talking about her time in the Canadian Armed Forces. I want to read from a committee report. It said:

The Committee heard testimony that was consistent with the findings of the Deschamps Report: many witnesses described a sexualized and male-dominated workplace where a culture of abuse, discrimination and harassment based on gender, gender expression and sexual orientation exists. Women and individuals who identify as lesbian, gay, bisexual, transgender, queer, two-spirit or as other gender identities and sexual orientations...are disproportionately affected by sexual misconduct and harassment in the CAF. The Committee was told that, although there is a belief that the CAF is a “gender neutral” workplace, it is not the case. While women can perform brilliantly in military roles, some do so by conforming to and adopting “highly masculine behaviours and, for some, masculine world views, attitudes and values.” For this reason, witnesses stressed the need for cultural change to create a more respectful and inclusive workplace for all CAF members. Michelle Douglas, Chair of the LGBT Purge Fund, said:

I believe that the military's policy regarding inclusion, particularly towards women—both cisgender women and transgender women—is actually quite good. The military has, of course, all of the things that they must have: pay parity, access to career paths, family support and so on. The establishment of the Sexual Misconduct Response Centre is a good thing and so was the establishment [of things and practices to ensure that we can move forward.]

These are things that I want to talk about because I look at the fact that we are sitting here today and can see how far we have moved forward, but the journey is not over. For members of the LGBTQ community, it is a very important time. That is why I want to talk about what is occurring starting tomorrow, which is the beginning of pride month here in Canada.

I will be honest. Back in 2018, I was really excited to do 160,000 steps for pride. I had gone on the pride circuit and was joining members of the community across this country to celebrate who they are and the fact that they are just the same as me. They deserve the same rights, the same opportunities and equity in this great country.

As I said, pride is such an important time. With pride starting tomorrow, we have to understand where it started. This truly was a political movement. This was because of things that happened in places like the Canadian Armed Forces. We can also talk about New York and things that were happening down there.

This was born out of a fight for the rights of LGBTQ communities. We are doing a really good job when it comes to education, engagement and bringing people together to have these conversations. This is exactly why I am so proud to be a member of Parliament and to have great friends even within this chamber.

Outside the chamber, I also think of my dear friend Anthony who I love dearly and who should be clapping out there. It is great conversations with people like Anthony that help me move forward with my own thoughts. Having those types of conversations is very vital to understanding and education.

I will never walk in the shoes of a member of the LGBTQ community. I am a heterosexual woman who is married with five children. I have never been discriminated against because of who I have chosen to love, but I do understand that members of the LGBTQ community have. That is why I think we need to look at these important milestones.

We look back at 1969, when Canada decriminalized homosexual acts through the Criminal Law Amendment Act. Then we look at some things that happened in 1971. There was the first gay rights protest. Across the cities of Ottawa, Montreal and Toronto and in some smaller communities, hundreds of people gathered to protest and to bring forward the rights of LGBTQ communities. It was 1971. That was the year I was born. Fifty years later, we are still talking about it; we still can do better, and Bill C-6 is one of those ways.

I look at 1973, and pride week in 1973. It was a national LGBT rights event held in August 1973 in Ottawa, Vancouver, Toronto, Montreal, Saskatoon and Winnipeg, so even in two years we saw the growth of this.

However, there was still a lot of discrimination. We can look back at 1981 where, in Toronto there was Operation Soap. These were raids that took place. The police actually stormed bathhouses in Toronto and they arrested almost 300 men for being gay. This was Canada's stonewall. We hear a lot about the stonewall that happened and the movement of pride in the United States that had started to occur in 1969. Operation Soap was one of the largest mass arrests in Canada, and it was over 35 years ago.

When we look at those things, what can we do? We know that the police officers have apologized. The Toronto police chief actually came out and formally apologized. Those are ways of making amends. Those are ways of bringing us together so that we can start having those conversations. Once in a while, it is okay to say, “I did not understand” or “I did not get it”. Understanding what some of these men had gone through during Operation Soap is so important, and I really thank them.

In 1988, here in our own House of Commons, MP Svend Robinson came out as the first openly gay member of Parliament. Today, I know that there are many others and I am so proud because, at the end of the day, we are all here representing Canadians. Regardless of who we love, we are all people first and that is what we always have to remember when we are having these conversations. We are all equal. It does not matter who one loves. We are equal.

In 1990, we saw that there was a change, and the indigenous community started to gather in this, and that is when the term “two-spirited” was coined. This was just taking in the concept that when we are speaking about LGBTQ, we understand the rights of the indigenous people who are also of this community.

In 1995, sexual orientation was included in the Canadian Charter of Rights and Freedoms. These are things that are progressively getting better, making things better for all Canadians. I am so proud of that. We do know that back in 2000, once again there was another raid. This took place in Toronto and it was a lesbian nightclub that police raided this time. We ask, “why did they do this?” It was because people were homophobic. People were concerned with people's actions and sexual orientation. To me, it is no one else's business.

However, as we are talking about this, I do understand also some of the concerns I am hearing from those who are saying there needs to be a better definition. I can still have that conversation. I know that many members in this chamber will sit there and say someone is either right or is wrong. Sometimes they do not have to be right or wrong. Sometimes, there is just something that is so minute that it could make things a bit better. I was listening to my friend from Sherwood Park—Fort Saskatchewan and I know he is always pushing for just a bit better.

The reason I am looking at this is the testimony that was brought forward in committee. Timothy Keslick had an English interpreter there, and I want to read his introductory statement. It is just a little phrase, but this is where we need to talk and this is where talking always comes out better and we do not have to think of it as conversion therapy. Sometimes it is just understanding. In Timothy's opening statement, he stated:

Under this bill, this kind of therapy would be taken away from me. The bill doesn't make any distinctions between good therapy or bad therapy. The bill would capture my therapy as one that wants to reduce non-heterosexual attraction or, more specifically, sexual behaviour. Without realizing that my therapy isn't actually trying to stop me from dating any guy, it's simply trying to stop me from dating the wrong guy. It's there trying to help me avoid people and situations that would harm me and have already harmed me.

That is why I wanted to bring this up. When we talk about this, there are so many discrepancies on what conversations are, what “talk” is. I do understand. When we see bills like Bill C-10 that are just so poorly written come out from this House of Commons, I understand why many people will say that they cannot trust the current government, that they do not think the government is going to do exactly what they want.

That is why, when I look at this bill, I understand how the government so poorly writes legislation. I get it. It does not mean I have to agree with it, but I understand why there is some conflict within people.

If we look at Bill C-10, for instance, we know that it needs an amendment, but when the government gets the idea that it is right, it doubles down. On this bill it has doubled, tripled and quadrupled down. At the end of the day, I think it is so imperative that we have open and honest discussion. This is why we are having this discussion on what is good and what is bad therapy.

When we are talking about families, I think therapy helps remove the stigma, which is probably one of the most impressive things I have seen over the last couple of years. With COVID, we see that a number of people need to talk to people. I need to talk to people. My colleagues need to talk to people. Once in a while, we just need to bounce an idea off somebody else who is not a family member, or we need to bounce something off somebody who has been in the same situation.

I think of my own case. I do not know of any members of my family who are LGBTQ, and that is fine. Regardless, I am saying it is important that we have these conversations with our children, that freedom of conversation. I think of my son, who will be 18 years old in two weeks. It is important that I talk to him about sex. Members may ask why I want to talk to my 18-year-old about sex. It is because I want to ensure that he understands consent. I want to ensure he understands how to treat a woman. I want to ensure that he has a healthy relationship.

I have come from unhealthy relationships in the past and that is not a good thing. It takes a lot of time for people to be able to find that bright light, so sometimes having these talks is exactly what somebody may need. That is why when I hear some of my colleagues say that Bill C-6 is not a good bill, I understand why they would say the government writes poor legislation. We want to get it right.

I want to go back more to pride, the members of the LGBTQ community and why I will be supporting this bill overall. I look at the fact we have seen things such as the fruit machine here in Canada. We have seen this in our own backyards, where members of the RCMP, the Canadian Armed Forces and members who serve this great country were told they could not participate because they were gay or lesbian.

There is no space in this world or this country for people to not have equal opportunities because they are gay and lesbian. To me it does not matter who people love, as long as they can love. Those are the things I look at. These are the conversations we should be able to have, but because it is so political, we cannot have them all the time.

I have walked on behalf of the LGBTQ community out there, supporting it as an ally, because I know it is the right thing to do. I know that discrimination continues to happen. I have been in pride parades and had people yelling at me for walking in them.

I felt shame for that person who was yelling at me for walking in that parade, but I was so proud to be walking with those other thousands of people who are walking in them. If I am being yelled at as a heterosexual, I can only imagine how the people of that community feel. Sometimes that is what we need to look at.

This is about compassion. It is about how we help people. It is not about changing their sexual orientation. I do not believe that is something we should be focusing on. I believe in healthy lifestyles. I believe in healthy relationships. I believe in talk therapy when it is good therapy, not bad therapy.

I do not support conversion therapy and I never will, but I thank everybody for having these conversations, and I ask that we do better once in a while. When we have these conversations, let us not tell people they are wrong just because they are a Conservative. Instead, let us figure it out and find a way of getting there together. Unfortunately, in this place, sometimes we find that extraordinarily difficult.

I will be supporting Bill C-6. It is not perfect, but I believe in the principle. I feel eternally inside of me that I must support members of the LGBTQ community, and that is what I will do.

Criminal CodeGovernment Orders

May 31st, 2021 / 5:55 p.m.
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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I am pleased to rise in the House to debate this bill about a social issue. However, in 2021, we should not have to rise in the House under such circumstances because conversion therapy obviously no longer has a place in our society.

The Bloc Québécois supports Bill C-6. Why? The reason is that the Bloc Québécois is deeply committed to protecting and promoting the rights and freedoms of Quebeckers and has always been quick to combat discrimination based on sexual orientation. Equality between Quebeckers is a fundamental value and an inalienable right in Quebec.

Practices that deny the existence of a person's core identity must be condemned. Historically, Quebec has been a leader in human rights protection. The Quebec Charter of Human Rights and Freedoms has recognized sexual orientation as a prohibited ground of discrimination since 1977, and same-sex marriage was legalized by the National Assembly of Quebec in 2002, when it instituted civil unions.

From a moral perspective, within a democratic society, it is legitimate to affirm fundamental community values. In Quebec, respect for the gender identity and sexual orientation of all people is a value that the practice of conversion therapy undermines.

From a medical perspective, conversion therapy is pseudoscience. Not only is it dangerous and degrading for the patient, but many studies have also proven that it does not work.

The Bloc Québécois recognizes that the groups promoting these practices are tiny and in a minority. Moreover, the Bloc wishes to state that respect for beliefs must go hand in hand with respect for differences and the assurance of equality among people. I would add that the Quebec and Canadian societies are distinct societies, but they have much in common, particularly in terms of values.

Also, it is fitting that, on a number of subjects, they agree and adopt concordant policies that move toward the advancement of rights. The Bloc Québécois acknowledges the Quebec government's initiative to protect human rights and welcomes Quebec justice minister Simon Jolin-Barrette's Bill 70. The bill aims to put an end to conversion therapy.

The Bloc Québécois is also pleased that the Canadian government recognizes by means of this bill that, as a democracy, it is appropriate to affirm shared values and pass laws that govern practices arising from beliefs that are in conflict with those values.

For all these reasons, the Bloc Québécois feels that the Criminal Code amendments in Bill C-6 are appropriate.

What is conversion therapy? Here is the definition from a Radio-Canada article:

Conversion therapy, or sexual reorientation therapy, is psychological or spiritual intervention meant to change a person's sexual orientation or gender identity with the use of psychotherapy, drugs or a combination of the two.

In Canada, 47,000 men belonging to a sexual minority have been subjected to conversion therapy. According to the World Health Organization, these practices are a serious threat to the health and well-being of affected people.

The Canadian Psychological Association says that conversion or reparative therapy can result in negative outcomes, such as distress, anxiety, depression, negative self-image, a feeling of personal failure, difficulty sustaining relationships, and sexual dysfunction.

In 2009, the American Psychological Association released a study entitled “Resolution on Sexual Orientation Change Efforts”. According to the study, contrary to claims made by those who administer these treatments, they are ineffective and potentially harmful. The study also noted that attraction to individuals of the same sex is a normal variation of human sexual behaviour and that those who promote conversion therapy tend to have very conservative religious opinions. That might be the crux of the problem.

I would like to talk about an interesting point my colleague from Shefford raised. The government finally chose to not only prohibit conversion therapy but to criminalize it. According to people with first-hand experience, some of these therapies were more like torture than therapy.

I think we can all agree that this practice, which is promoted and supported primarily by religious groups, is based on the idea that homosexuality is unnatural and wrong, that it is one of the most serious sins and that it could lead a person straight to hell.

Unfortunately, homophobia still exists in 2021. Expressions of it can be seen practically every day. It is frankly unacceptable that religious groups continue to stigmatize homosexuality. People in this community should not have to live in fear any longer. Human beings should not be subjected to goodness knows what kind of therapeutic process to become someone they simply are not. Many of us know people in our circles who have admitted how hard it still is to come out of the closet and affirm their identity. This bill does not solve all the problems of the LGBTQ2S+ community, but it is clearly an important step in advancing the debate.

Today is May 31, and we only have 17 sitting days remaining before the break. As we know, Bill C-19, which will change how an election is held during a pandemic, was passed under a gag order. Parliament needs to act quickly. I think there is a good chance that an election will be called, and any bills left on the Order Paper would therefore die. As I said, we only have 17 days left to move forward with this bill and all the others.

I am thinking of my colleague from Drummond who has been working very hard to ensure that Bill C-10 is given priority in the House and that it passes quickly. There is also the Émilie Sansfaçon bill to increase EI sickness benefits from 15 weeks to 50 weeks. In the context of a serious illness, such as cancer, we must be able to do something. Now, the question is not whether we are for or against conversion therapy. I think we can agree that it has no place today.

The important thing now is to act urgently on this issue. We have a responsibility as parliamentarians to do so. We have no control over the timeline, since that is up to the government. If it were up to me, a government would have to complete all four years of its mandate and get through all of the debates that arise, so that bills can be carefully studied.

Bill C-6 on conversion therapy reminds us that we must act urgently. I urge all members of Parliament to reflect and remember that we still need to vote and the bill has to be sent to the Senate. We urgently need to move forward.

Also, we need to reflect on the importance of secularism, which is highly valued in Quebec. There are some ultra-conservative religious groups that are having a significant impact on people's lives. We have a moral responsibility to protect these individuals, given the rejection they often feel and the trauma that conversion therapy can cause. The purpose of this government bill is to provide protections.

Criminal CodeGovernment Orders

May 31st, 2021 / 5:40 p.m.
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Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Mr. Speaker, I am pleased to say that I will be sharing my time with my esteemed colleague from Abitibi—Témiscamingue.

I rise today to participate in the debate at third reading of Bill C-6, an act to amend the Criminal Code regarding conversion therapy.

What is conversion therapy? Conversion therapy is a practice, service or treatment that is essentially designed to change a person's sexual orientation. I want to stress here that the goal is to “change”, since we are talking about conversion, which involves change. In my research, I learned that around 47,000 people in Canada have been subjected to this type of “therapy”—which I am putting in air quotes—and it is never successful.

I think I have mentioned that I am a social worker and very proud to be an active member of my professional association. I want to point out that Quebec has already had this debate, and that it has been taking real action against conversion therapy since Bill 70 was unanimously adopted in the Quebec National Assembly on December 9, 2020. Ontario and Manitoba have also passed similar legislation.

Passing Bill 70 was one more milestone confirming Quebec's place as a leader in Canada—and the world—in the fight against discrimination on the ground of sexual orientation. Quebec is a great nation that is respectful and open and celebrates sexual diversity. That is something that makes me very proud.

Driven by this deep conviction, this long tradition of respect and the unanimity on the principle at the National Assembly, the Bloc Québécois is obviously in favour of Bill C-6.

It should be noted that the bill the Liberal government introduced chooses not to fully ban conversion therapy, limiting the prohibition to minors and banning advertising and marketing as well as sending a Canadian minor abroad to get this type of pseudo-therapy. In other words, Bill C-6 seeks to ban imposing conversion therapy on children and adolescents. I am particularly sensitive to the whole issue of adolescence because it is a time when a person gets to know their body, a time of self-discovery.

I must say that I am a bit shocked that this topic is still being debated in the House today, but I am pleased to see that the majority of parliamentarians here support the idea of banning this type of therapy, except for a very active and vocal fringe of the Conservative Party, as we have seen today.

The bill seems balanced. To me it covers the bare minimum. Frankly, I am surprised to have to make this speech, since this seems to fall under the category of respecting people's freedom to love whoever they want. Indeed, this is a question of love that we are talking about today. I want to make a point of saying that my wish is that every child and adolescent in Quebec and Canada can feel respected, welcomed, understood, included and loved regardless of their sexual orientation.

I also want to tell them that I have a great deal of empathy for those who are led to believe that they must choose between their sexual orientation and their spirituality, between their sexual orientation and their life in the community, between their sexual orientation and their future prospects, or in some cases between their sexual orientation and their family ties. These kinds of choices have no place in an open, sensible and sensitive society.

In fact, these dilemmas imposed on some young people are, in my opinion, absurd, since sexual orientation is not a matter of choice. It is therefore absurd to think that sexual orientation will determine anyone's place in society. It is also ridiculous to believe that conversion therapy could do anything other than suppress the full and honest expression of their sexual orientation. Conversion therapy cannot cure a disease that, basically, is not a disease or even a flaw.

Let us be clear: the practice of conversion therapy undermines respect for everyone's gender identity and sexual orientation. Conversion therapies are a direct affront to human dignity.

The Bloc Québécois recognizes that the groups promoting these practices are tiny and in a minority, and wishes to broadly state that respect for beliefs must go hand in hand with respect for differences and, at the same time, the assurance of equality among all persons.

However, conversion therapy advocates usually present these so-called therapies as a caring process and well-thought-out therapeutic sessions developed to help people come to their senses and get back on track. They present their sessions as open discussions about sexual orientation.

How can a discussion be open and balanced when the very purpose of that discussion is conversion? How can we believe that this is an open discussion when people are paying, and sometimes paying quite a lot, for a service that seeks to change a person's sexual preferences? How can we believe that these discussions can be beneficial when minors are being forced to participate in them under duress? In my opinion, the answer is obvious.

There is a very significant difference between caring and conversion therapy. Caring comes through acceptance, and when there is acceptance then people can talk about the fact that it is normal for a person to question their sexual orientation, try different things and learn about their sexuality and about the fact that a person's sexual orientation can change over the course of their lifetime.

If we are truly accepting and open-minded, we can recognize that it is completely normal to be gay or to identify somewhere on the broad spectrum of sexual orientation. If we are completely open-minded and accepting, we understand that a person can, at different times in their life, experience something other than heterosexuality, and that is normal. If we are completely open-minded, we understand that being gay, lesbian, bisexual or any sexual orientation is equivalent to being heterosexual. In other words, sexual orientation should not have an impact on the life or the value that a person has.

Not being able to tolerate the idea that an individual can love the person they choose to love is not being open-minded. Those who seek to guide an individual to what is considered tolerable, to suppress sincere feelings and to violate a person's right to live their sexual orientation with dignity, are forced to use arguments based on fear. This places people in a position of making judgments.

I want members to clearly hear me. The Bloc Québécois will definitely be voting unanimously for Bill C-6. All our members, and I did say all, will vote in favour of this bill, as we did at second reading.

I call on all political parties to do the same and to fully, unequivocally and unanimously support Bill C-6 to send a clear message that, in Quebec and in Canada, we respect the dignity of all people who, ultimately, are just living with love.

Criminal CodeGovernment Orders

May 31st, 2021 / 5:35 p.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, it is so important to me that we deal with facts and not name-calling.

In a recent Nanos poll, 91% of Canadians supported the right of Canadians to get the counselling of their choice, regardless of sexual orientation. I think that says it all, right there. The majority of Canadians want all Canadians to get the counselling of their choice, regardless of sexual orientation.

What this bill does now, since going to committee and coming back, is it removes that opportunity: that right to get counselling in regard to sexual behaviour. That should not be impacted by sexual orientation. Even the Minister of Justice admitted that Bill C-6 prevents consenting adults from getting the counselling they want. In introducing the bill, he said that the government:

[recognizes] that criminalizing profiting from conversion therapy means that consenting adults would be prevented from accessing conversion therapy unless it is available free of charge.

Since when does the government have the authority to tell individual people what they want to do? I think that applies especially here in regard to seeking help with behavioural issues that any Canadian wants help with, and 91% of us think—

Criminal CodeGovernment Orders

May 31st, 2021 / 5:10 p.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, I will begin my contribution to this sober discussion of Bill C-6 and the need to protect Canadians from conversion therapy with experiences in my own life where individuals have been harmed by being directed unknowingly or forced into inappropriate treatments against their will.

My first experience was in the medical field, when I was employed at Souris Valley Mental Health Hospital. From its beginnings in 1921, it was considered on the cutting edge of experimental treatments for people with mental illness. The facility had a reputation of leading the way in therapeutic programming. Early techniques included insulin shock therapy, hydrotherapy, electroshock and lobotomy.

A lobotomy is a form of psychosurgery, a neurosurgical treatment of a mental disorder that involves severing most connections in the brain's prefrontal cortex. It was used for mental disorders, usually defined by a combination of how a person behaves, feels, perceives, and thinks, and occasionally other conditions as a mainstream procedure in some western countries for more than two decades, despite general recognition of frequent and serious side effects. While some people experienced symptomatic improvement with the operation, the improvements were achieved at the cost of creating other impairments. The procedure was controversial from its initial use, in part due to the balance between benefits and risks.

One of the patients in my care was Annie, one of the few remaining lobotomy patients at that time in Canada. Today, lobotomy has become a disparaged procedure, a byword for medical barbarism and an exemplary instance of the medical trampling of patients' rights.

What is remarkable to me is that the originator of the procedure shared the 1949 Nobel Prize for Physiology or Medicine for the “discovery of the therapeutic value of lobotomy in certain psychoses”. Clearly, what we know now would have made this award reprehensible.

Another personal experience with a method of conversion therapy was 30 years ago, when a family dear to me was navigating a behavioural problem. At a young age, a child was suffering anger and rebellion issues, and the treatment recommended to the parents was participation in a wilderness camp experience that taught discipline and built peer relationships. The parents’ grief was overwhelming, learning their young teen was coerced into submission with no compassionate support or counselling and had attempted suicide. Upon extraction from that place and hospitalization near home, they later learned that at an innocent age their child had been traumatized by sexual abuse.

In both of these scenarios, what was considered to be cutting-edge, state-of-the-art or appropriate treatment at the time was clearly abusive and wrong.

Today, in this bill and in the scientific and medical realms, conversion therapy is defined and only applied to the LGBTQ2 community. I support a conversion therapy ban, but not this conversion therapy ban, because this bans more than just conversion therapy. Bill C-6 clearly violates the fundamental Charter of Rights and Freedoms for LGBTQ2 and other Canadians.

The definition of conversion therapy conflates orientation with behaviour. The Bill C-6 definition states:

...conversion therapy means a practice, treatment or service designed to change a person’s sexual orientation to heterosexual, to change a person's gender identity or gender expression to cisgender or to repress or reduce non-heterosexual attraction or sexual behaviour or non-cisgender gender expression. For greater certainty, this definition does not include a practice, treatment or service that relates to the exploration and development of an integrated personal identity without favouring any particular sexual orientation, gender identity or gender expression.

The definition actually defines conversion therapy to include providing counselling for someone to reduce their unwanted sexual behaviour. This means that if counselling is about reducing porn use or sexual addiction but is not seeking to change someone’s orientation, it would still be a criminal act if it is non-heterosexual behaviour.

There are legitimate reasons why people of any orientation may want to reduce their behaviour. This definition, though, would allow only straight Canadians to get that support but not LGBTQ2 Canadians. This would directly violate the Canadian Charter of Rights and Freedoms' equality provisions. It would criminalize any conversation including conversations initiated by LGBTQ2 individuals seeking answers to sexuality questions they wish to explore with family members, friends or faith leaders.

No medical body or professional counselling body in North America uses this definition created by the government for Bill C-6. The Canadian Psychological Association actually defines a psychologist as someone who helps clients change their behaviour, stating, “A psychologist studies how we think, feel and behave from a scientific viewpoint and applies this knowledge to help people understand, explain and change their behaviour.”

In addition to no medical or professional counselling body in North America using this definition, the bill’s definition contradicts itself. The government says that LGBTQ2 Canadians can still explore their sexuality, but exploration cannot happen if they cannot also choose to reduce behaviours that every other Canadian could get help with.

There are many reasons why someone would want to reduce unwanted behaviour without changing their orientation, but the bill would prevent any directional support that would reduce non-heterosexual behaviours. No one suspects that straight persons seeking to reduce sexual behaviour such as pornography use or sex addiction are attempting to change their sexual orientation. LGBTQ2 persons seeking the same kind of professional help could also just be wanting to reduce that behaviour without changing their orientation. Under this bill, however, they would not be able to get help because of their sexual orientation or gender identity. An exploration clause would not protect this treatment.

The language applies to conversations between and with parents, with trusted friends, discussions between individuals and faith leaders, as well as sensitive interactions with guidance counsellors. It also contains no exceptions for the right to conversations between parents and their children. Counsel from these individuals, people who are appropriately looked to for wisdom and support, would effectively be criminalized to the same degree as the damaging and unacceptable practices that all members of the House seek to prohibit. Currently, any course of counselling whereby individuals are seeking to reduce their sexual activities could be considered conversion therapy and therefore subject to legal intervention. This could be corrected.

In Bill C-6, the exploration clause itself directs patients’ counselling outcomes. Even professional counsellors seek not to do that for their patients, so why is the government directing outcomes with this bill? Professional counsellors are like a GPS: They only give directions, but the client decides the destination.

The government’s definition of conversion therapy is not used by governments around the world. No conversion therapy ban in the world bans counselling for unwanted non-heterosexual behaviour. I have reviewed and would be pleased to provide a research document listing 152 definitions of conversion therapy used around the world, including by all the governments that have passed a law or bylaw that are listed on Wikipedia, the United Nations, the United Church of Canada and LGBTQ2 activists like Kris Wells. None of them include sexual behaviour counselling independent of orientation change.

Bill C-6 is much too expansive, based on the fact that Canada's ban actually bans two kinds of counselling: sexual orientation change counselling and reduction of sexual behaviour counselling independent of orientation change. This is why the ban is so dangerous. No medical body or government in the world defines conversion therapy that way.

The UN definition, as follows, would better reflect what the definition of conversion therapy should be in Bill C-6:

“Conversion therapy” is an umbrella term used to describe interventions of a wide-ranging nature, all of which have in common the belief that a person's sexual orientation or gender identity can and should be changed. Such practices aim (or claim to aim) at changing people from gay, lesbian or bisexual to heterosexual and from trans or gender diverse to cisgender.

That is a good definition that this bill should reflect.

As a direct consequence of the flawed definition of conversion therapy, this bill would restrict freedom of choice and expression for LGBTQ2 Canadians. While the bill would allow for measures to change a child’s gender, including surgery and counselling, there is no such liberty afforded for those who wish to transition back to their birth gender. It would restrict intimate conversations intended to limit sexual behaviour, as well as individuals’ attempts to detransition.

This all-encompassing bill would not only criminalize people who listen or speak to those transitioning or having transitioned, but also those who have gone through the process of transitioning, have detransitioned, and are now sharing their stories with others. A simple search of the Internet will expose members to a wide range of thought, opinion, and the personal stories of those who have struggled with gender dysphoria. Not only would these individuals be criminalized by Bill C-6, but they would also be silenced by the implementation of Bill C-10, because of their communications on social media.

Many of those stories include decisions taken at a young age to begin the use of hormone treatment or to surgically alter one's body. For many, these decisions did not satiate feelings of gender dysphoria and, in many cases, worsened feelings of self-image and self-identity.

I will share a handful of these testimonies to have on record today.

In the case of one YouTuber, she, Elle Palmer, started taking testosterone at the age of 16. She had struggled for years with issues of self-hatred and, in her words, began the process of transitioning not in order to look more masculine but in order to hide elements of her body. In her opinion, transitioning was the ultimate form of self-harm. She wanted to change everything about herself and did not see a future in which she could be happy in her own body. At the time, she did not realize that it was possible not to hate her own body.

In another piece of personal testimony, Max explicitly states that gender transition was not the solution to her severe depression. In her words, she feels that she needed a transition in her life, but not from female to male.

Cari's advice to others is that, from her own experience and from her conversations with other detransitioned and reidentified women, “transition is not the only way, or even necessarily the best way, to treat gender dysphoria”. She speaks to her own experience, where she was prescribed hormones after four sessions of therapy. She notes that no attempts were made at these therapy sessions to process personal issues that she raised. She notes that no one in the medical or psychological field ever tried to dissuade her from her gender transition or to offer other options, other than to perhaps wait until age 18. She says, “I detransitioned because I knew I could not continue running from myself...because acknowledging my reality as a woman is vital to my mental health.”

Lee spoke to her experience: “There were all these red flags and I honestly wish that somebody had pointed them out to me and then I might not have transitioned in the first place. If I had realized that somebody with a history of an eating disorder, a history of childhood sexual abuse, a history of neglect and bullying for being a gender non-conforming female, a person with internalized homophobia and misogyny should not have been encouraged to transition.... I wish that somebody had sort of tried to stop me...transition...did not work for me.”

There is another story, which I transcribed from a post on YouTube from July 2019, which has now been made private, so I am going to respect the author's anonymity while sharing her thoughts. She said the following, and I am quoting her.

“I was transgender since I was 15. I’m 21 now.

“I don’t want to be a life-long medical patient. I don’t want to be psychologically dependent on hormones that are made in a lab and injected into me.

“What I want, and what I’ve always wanted, is peace with myself. Not surgically altered self, but my own self. I want to feel an organic love for my body. This body that I was born into, that I was lucky to be born into and inhabit.

“I wanted to find ways of dealing with my gender issues that aren’t medically transitioning, and those ways were not presented to me. Now is my time to make peace with femaleness. With womanhood.

“Even though I’m not good at being a woman, in the sense that I get gender dysphoria, a woman is still what I am. A dysfunctional, wonky, weird, gay, autistic, and completely authentic woman.

“I think I was possessed by some-thing. By an ideology. I can’t understate the role social media has played in all this.

“It’s glaringly obvious to me now that which part of the internet you inhabit for large chunks of time has serious effects on your brain, and your view of the world.

“When it feels right, I’ll tell my parents. And I know they’ll be happy to hear it, because the concerns they had about my 16-year-old self are the ones that I’m just starting to understand as a 21-year-old. I suppose wisdom really does come with age, doesn’t it.

“But, um, yeah, you try telling that to an isolated, self-loathing, gender non-conforming 16-year-old who wants to transition. I mean, you’re going to run into some issues.

“It’s just gender dysphoria that I deal with in my own way now, and I don’t want to go through all the things that I was kind of being, I guess, pressured by these online spaces to go and do.

“I know there are lots of people who are just like me, really, who are going through this same thing, and I have a funny feeling that there will be lots—lots more of us in the next few years as more people who are sort of teenagers, and non-binary and trans at the moment get into their early 20s.

“So, if I can make this resource that maybe people can relate to, because we are, we are, people like us, sort of um, masculine girls and butch lesbians, who were born between sort of the years 1995 and 2000 that have really been the guinea pigs for this.

“For this, whatever this is, going on in the trans community at the moment. We’ve been the guinea pigs and I’m at the other side now, and I really hope that some more people who are struggling with this can get out to the other side. Cuz it’s nice.”

These are not my fabrications. They are the personal, emotional testimonies of those who found that gender transition was not a permanent solution to their gender dysphoria and who found worth in their own process of detransition. These individuals have made their stories of detransitioning, or deciding not to surgically or hormonally transition, public and they stress that they are in no way being disrespectful toward the personal choices of others. This is important. They have friends and, as it stands, Bill C-6 would criminalize people like them. We cannot restrict the free, respectful and exploratory speech of those with valuable lived experience. The overreach of this legislation will harm those who seek to detransition as well as those who, of their own free will, seek support and counselling to change behaviour as LGBTQ2 individuals.

This ban censors conversations. It is not the definition of conversion therapy in Bill C-6 that would censor conversations about sexuality and gender, but the clause on advertising. At the justice committee, the government added the word “promotion” of conversion therapy as a criminal act. This means that free advertising, including verbal advertising, would be banned as criminal as well.

The original wording of the advertising ban states, “Everyone who knowingly advertises an offer to provide conversion therapy is”, and the updated clause states, “Everyone who knowingly promotes or advertises an offer to”. Because the bill defines conversion therapy as merely getting support to reduce behaviour, verbal promotion of a religious event that encourages people to remain celibate, a column that supports detransitioning or any kind of verbal advertising for a counselling session to reduce non-heterosexual behaviour would be made criminal.

Free to Question is an alliance of detransitioners, medical experts, parents, LGBTQ2 people and feminists who want to protect the right of health care professionals to offer ethical and agenda-free psychotherapy services and assessments to gender-dysphoric youth. I think it would be helpful to repeat the list of those participating in this alliance: detransitioners, medical experts, parents, LGBTQ2 people and feminists. They call for an addition to the bill to ensure health care professionals are able to support youth effectively. They wanted this in the bill:

For greater certainty, this definition does not apply to any advice or therapy provided by a social worker, psychologist, psychiatrist, therapist, medical practitioner, nurse practitioner or other health care professional as to the timing or appropriateness of social or medical transition to another gender, including discussion of the risks and benefits and offering alternative or additional diagnoses or courses of treatment.

Every one of us in the House has a responsibility to balance individual rights and freedoms within a diverse society. While the charter protects a pluralistic society, this bill creates a zero-sum game of winners and losers and puts pluralism at risk because the definition of conversion therapy being used causes more harm than good.

Bill C-6, like so many other bills and regulations the Liberal government has brought forward, intentionally seeks to control outcomes based on ideological indoctrination. It goes far beyond the agreed need to ban conversion therapy to controlling thought, speech and behaviour, and stifling democratic freedoms through overreaching legislation.

I support a conversion therapy ban, but not this conversion therapy ban, because this bans more than just conversion therapy. Therefore, I cannot support Bill C-6. Let us do better.