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

May 31st, 2021 / 1:25 p.m.
See context

Winnipeg North Manitoba

Liberal

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

Madam Speaker, like others, I do appreciate the words spoken by my colleague, who brings a very important personal perspective. She is right when she makes the assessment that all of us, every person living in Canada and around the world, have the right to be who we are. It is important. That is the reason I support Bill C-6. Conversion therapy is a degrading practice that targets vulnerable LGBTQ2 Canadians in an attempt to change their sexual orientation, gender identity or gender expression. It can lead to a life-long trauma.

The other day, I was listening to my colleague from Don Valley West and I really appreciated what he said. He put out a challenge to those individuals who might be thinking about voting against Bill C-6. I want to repeat verbatim what he said the other day. I would ask, in particular, for members of the Conservative caucus to listen to what he said. The member for Don Valley West said the following:

...I do expect every member in this House to truly wrestle with what it means for them to vote against this bill. If they say they are voting against it as a matter of conscience, then I believe they need to stare deeply into that conscience and ask themselves, “Why would I want to perpetuate an injustice against another human being, a friend, a colleague, a family member, a neighbour, a constituent, anyone who will be hurt by that action; hurt perhaps to the point of death?” Why would they not want to stand with the vulnerable, with the oppressed, with the stigmatized, with the people who need their help the most?

I listened, and I have heard a great deal of debate. For me, it is a human rights issue. I do believe there are many within the Conservative Party who see the true value behind Bill C-6, and I applaud them for whatever advocacy they might be able to provide within their own caucus. It sends a very powerful message to the population as a whole when the House of Commons is united, especially on issues such as this.

Bill C-6 has the potential to have a profoundly positive impact on our society. I would suggest to my Conservative friends, as I suggested to one of my New Democratic colleagues, that the time for passing this legislation is now. There is no need to indefinitely hold off on the passage of this legislation or put into place roadblocks that would see it prolonged.

I believe that the support of the House of Commons of a unanimous nature would go a long way in sending a strong and powerful message that we are all equals. When I listen to Conservatives speak on the bill, it seems to me that they oppose conversion therapy, yet they tend to want to focus on what I would suggest are issues that are not relevant as to why the bill should not pass. The concerns have been addressed.

This bill would not prevent conversations aimed at exploring a person's sexual identity, including conversations with friends, family members, teachers, social workers, psychologists, religious leaders and so on. Members of the Conservative caucus know that. If they did not, then they now do. If they believe that to be the case, they should be very specific as to why they think that because they are planting the seed of doubt.

Conversion therapy is rooted in the wrongful premise that sexual orientation, gender identity and gender expression can and should be changed to fit a narrow idea of what is normal or natural. This is the reason it is so important that, as legislators, we do what we can to ensure there is a sense of equality.

There are measures contained in the bill that are some of the most progressive and comprehensive responses, from a legislative perspective, to conversion therapy in the world. The government is also fulfilling a campaign commitment on conversion therapy, especially with respect to minors, to ensure that no one is subjected to this practice. We will continue to work with other stakeholders, provinces and territories in particular, to end conversion therapy in Canada.

Having been a parliamentarian for a few decades now, I can talk about the impact this has on our communities. I think of the individuals, the people who are put into such a position that the contemplation of suicide is very real and tangible. Sadly, it sometimes takes place, and this is because of outside pressures and people telling them they are not normal.

I believe that is so wrong. At the end of the day, as a community, we need to be accepting of all people. Ultimately, we need to strive to send that message collectively, and that would be a whole lot easier if we were to get support from all members of the House.

When I reflect on past years, there has been significant progress, whether in protests, particularly at the Manitoba legislature, or pride parades, which go beyond major cities and are now in smaller municipalities. However, there is still more to do. Bill C-6 is a strong, powerful step in the right direction.

Based, at least in part, on the correspondence I have received from people expressing concerns, I would remind them of what I said earlier. The bill would not prevent conversations aimed at exploring people's sexual identity, including conversations with friends, family and so on.

Hopefully I have been able to add to the discussion we are having on this. In particular, I call upon my Conservative friends to see the intrinsic value of this legislation and the impact we can have by having one voice on it.

Criminal CodeGovernment Orders

May 31st, 2021 / 1:20 p.m.
See context

Liberal

Élisabeth Brière Liberal Sherbrooke, QC

Madam Speaker, I thank my colleague for giving me time to speak a little more about Bill C-6.

Every individual should be able to be who they are. We are who we are, the way we were born. Living in an open society where everyone is accepted as they are requires great openness, and that is what makes our communities strong. In my opinion, Canada’s strength is that it accepts difference and diversity.

Criminal CodeGovernment Orders

May 31st, 2021 / 1:10 p.m.
See context

Sherbrooke Québec

Liberal

Élisabeth Brière LiberalParliamentary Secretary to the Minister of Economic Development and Official Languages (Economic Development Agency of Canada for the Regions of Quebec)

Madam Speaker, I would like to inform the House that I will be sharing my time with the hon. member for Winnipeg North.

This afternoon, I am very pleased to be able to speak to the bill that is before us today. It is a very relevant and important bill, which, without exaggeration, has the potential to save lives.

I feel very strongly about Bill C-6, an act to amend the Criminal Code with regard to conversion therapy. My son Nicolas is a PhD student in chemistry. He likes to play sports, sail and do all sorts of other great things. These are the traits that characterize him and set him apart from others. My son is also gay. I can say that I am proud to live in a society and a country that does not characterize people based on their sex, gender or sexual orientation. This bill deals with a subject that is very personal to me and so my emotions may get the better of me during my speech.

Nevertheless, in the next few minutes, I will attempt to illustrate why Bill C-6 is an excellent bill, especially why it is truly essential, and why it is, in my humble opinion, high time we legislate on this issue.

For a long time, homosexuality was considered immoral, deviant and even criminal. Some still hold those views today, and I will refrain from citing some truly appalling speeches heard recently in the House on this subject. Some people think that homosexuality is not genetic. They believe it is caused by a trauma, the influence of an evil spirit, or a disorder linked to gender identity. Others believe that homosexuality is a choice, and therefore it can be changed, or that it is a mental disorder. There are those who would argue that it is a sin that must be resisted or a demon that needs to be exorcised.

Historically, many methods have been employed to punish or cure homosexuality: riding a bike to the point of exhaustion, applying electrodes, administering chemical substances, or psychoanalytic therapy.

Conversion therapy started to emerge in the 1990s. Let us be clear about what conversion therapy is. Conversion therapy aims to change an individual's sexual orientation to heterosexual, specifically in order to reduce or repress non-heterosexual attraction or sexual behaviours, or to change an individual's gender identity to match the sex he or she was assigned to at birth.

Sexual reorientation practices aim to silence the individual's diversity in favour of a specific sexual orientation, namely heterosexuality. Framing sexual orientation as a choice within a binary system is, in the end, just another argument used to legitimize the homophobic nature of sexual reorientation practices.

How can conversion therapy still exist in 2021, after great advances like legalizing gay marriage and making it possible for same-sex couples to adopt? That is why we need to legislate on this issue.

What does this bill really do? Our colleagues across the aisle have raised a number of concerns about the bill, which is why it is important to set the record straight. If passed, the legislation would prohibit conversion therapy for minors and make it illegal to transport a minor outside of Canada for such therapy. It would also make it illegal to subject adults to conversion therapy against their will.

Lastly, the bill makes it illegal to profit from or advertize conversion therapy.

I want to send a clear message to my colleagues. We must vote with full knowledge of the facts. Private conversations between a parent and child, or between two people, are not and will not be prohibited. Supporting someone who is genuinely questioning their sexual orientation is legitimate. However, encouraging these individuals to repress their same-sex attraction is not the right solution. Instead, they should be supported in fighting the homophobia they may have internalized. That is why we introduced Bill C-6.

Conversion therapy is based on the false premise that an individual's sexual orientation and gender identity and expression can and must change to conform to an extremely narrow and outdated view of what is “natural” or “normal”.

Despite the decriminalization and depathologization of homosexuality, there are still quite a few organizations that provide treatments to “heal” homosexuality. Those who carry out rites, prayers or exorcisms generally do not do so openly. They say they deliver or liberate people from the demon of homosexuality.

The evidence collected has exposed situations where people are forcibly confined, assaulted and experience outright physical and emotional abuse. Furthermore, it has been shown that parents fail to ensure the safety and development of their children by encouraging them to participate in practices of sexual reorientation because they knew that third parties could emotionally and physically mistreat them.

Several experts, including psychiatrist Richard Montoro, have stated that providing conversion therapy is tantamount to homophobia and is a serious threat to health and fundamental rights. This type of therapy has cognitive and social consequences and can lead to anxiety, depression and even suicidal ideation.

The Pan American Health Organization has said that there is no medical justification for conversion therapy. When I met with them, representatives from organizations in my community, such as GRIS Estrie and Fière la fête, all said that this is an unjustifiable practice that must be denounced and subject to sanctions.

It is absolutely essential that we help people accept their sexual orientation, rather than encouraging them to fight their homosexuality, often in a homophobic and heterosexist social environment.

We cannot change the past, but I hope that this discussion will help advance gender and sexual diversity rights, in the hopes of building a fairer society. It is a positive for someone who is homosexual to say that they are lucky because they are accepted by their family, friends and community, but we can do so much better. The fact that someone even has to say these things is proof of widespread prejudice.

When I read the letter my son wrote to tell us he was gay, I cried. I cried because of the world and its prejudice. I cried because this world, which claims to be egalitarian, categorizes people and still places white heterosexual men on a pedestal.

Consider all of the discrimination packed into those three little words: white heterosexual men. We have seen too many examples of this in the news in recent months. We are living in a society where people who are different are at best marginalized and, at worst, abused and killed. That is why minorities always have to fight to maintain and build on their gains. Despite our efforts to change things, are we still be intolerant of difference?

Let us hope that this vote will prove the opposite. Conversion therapy is a destructive, cruel and deadly practice. It has no place in Canada or anywhere else.

Criminal CodeGovernment Orders

May 31st, 2021 / 1:10 p.m.
See context

Winnipeg North Manitoba

Liberal

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

Madam Speaker, I believe that the government has prioritized this legislation. We have had a substantial number of pieces of legislation related to the pandemic and the budget, yet we want to see Bill C-6 pass.

Can the member provide her thoughts on how important it is to get opposition parties not only to speak, but also to take into consideration the passage of this important legislation?

Criminal CodeGovernment Orders

May 31st, 2021 / 12:55 p.m.
See context

NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I am here today to speak on Bill C-6, a bill on conversion therapy and the sometimes deadly impacts it has.

I cannot help but take a pause before I start my speech to acknowledge the deep grief and pain across Canada due to finding the 215 bodies of children in a mass grave at a school in our country. Many elders have said to me that the first part of dealing with this is making sure we support those beautiful babies in moving safely to their ancestors' arms, so I am here in the House of Commons wanting to say we see these precious children and that their loved ones are fighting to make sure they are never silenced again. I say, “Please go home to the loving arms of the people there waiting and know we will continue here to do the work that must be done.” We love them, we see them; we are telling them to go home and be surrounded by love.

For too long, Canada has not listened to residential school survivors and to the loved ones of survivors who have told us again and again of the horrific things they witnessed. Value is a key word today. Enough fighting kids in court. They do not get a second childhood. How many indigenous children should lose their childhood? Enough making indigenous communities choose between clean drinking water and other essential needs. Why would anyone be asked to choose one or the other? Enough make indigenous people fight for basic human rights, rights every other Canadian receives.

Enough paternalistic mechanisms so embedded in the departments of Indigenous Services and Crown-Indigenous Relations that indigenous communities continue to be underserved and under-resourced, and self-determination is blocked every step of the way.

The ugliness of our colonial history is hard to hear. However, it is harder to live, so I encourage all non-indigenous people to listen hard and then work toward reconciliation as an ally, which really means following and amplifying the voices of indigenous people and communities in Canada.

I want to thank my granny, Minnie, who went to Lejac Residential School. She came back broken and working hard to build something better. To my amazing family, who works so hard every day to bring the culture back and to share it with the children, I see their work and I am so grateful.

I also want to say to my niece Daisy, who today, after my sister explained why we are all wearing orange, said to her mom, “Please, don't let them take me to residential school” that we are all going to work so hard, baby, to make sure that never happens. What a relief it is that, unlike indigenous parents and family members in the past, we do not have to be arrested or beaten just for the right to protect her.

Now I will go back to Bill C-6, which is such an important bill.

I believe love is love and that our sexuality and gender identity and expression is a spectrum and celebrating everyone on it is a key point of building community and our country. I am also a parent and a grandparent. I remember when I had my first baby and the overwhelming honour I felt at knowing this being was a gift to me, that my job was to do one thing, which was to do my very best every day to love them exactly the way they are. It is the most beautiful practice of parenthood, in my opinion, that of unconditional love.

Sometimes I struggle with my kids. They are themselves, and getting to know them, as they get to know themselves, can sometimes be challenging. When it is hard, I remind myself my number one job is to be their love foundation and that when they go into the world and face the challenges that are there for them, when they look at me they see someone who loves and believes in them.

I often tell my children they are the best part, because for me they are. Grandchildren, well, that is just a whole other level of being a love foundation.

This is what I think of when I speak today about a bill that would specifically criminalize subjecting a minor to conversion therapy, transporting a minor out of Canada for the purpose of conversion therapy, subjecting adults to conversion therapy against their will and the business of conversion therapy aimed at both minors and adults. This would include criminalizing advertising the service and charging for or profiting from the service.

Let me just say I am absolutely horrified anyone has been supported or paid to try to convince any soul that who they are is not okay. Teens who are exploring transitioning are being subjected to body-affirming therapy that attempts to tell them they should love the body they were born with instead of affirming they can be whoever they want to be and feel themselves to be at their core.

Who are we to tell anyone, much less a growing teenager, to accept their body as it is when that teen knows their body does not match their gender identity and they have felt wrong in their bodies their whole lives? Body-affirming therapy is wrong and must be included in this ban on conversion therapy.

The reality is that we live in a culture where hate toward the SOGIE, or sexual orientation, gender identity and expression, community still happens all too often. Young people know who they are but are terrified that, if they say anything, they will lose their love foundation. Some do. Some souls say who they are and they lose their foundation. For those beautiful people, we must keep speaking about this. They need to know that it gets better, and that there are many people out there with love in their hearts waiting to love and accept them.

Any form of conversion therapy, in my opinion, is deadly because it is trying to change someone's wholeness and their being. That is a wound I cannot imagine. Some are told that who they are at their very core is wrong, and are left by the very people who were meant to love them. I want to put on the record that members of the SOGIE community do not need to be fixed, and that it is impossible to change someone's sexual orientation, gender identity or expression through counselling or aversion therapy because there is nothing wrong with them. We know that these attempts at conversion therapy, which are really just torture, and any kinds of attempts to alter a person's sexual orientation, gender identity or expression are harmful. All acts of homophobia and transphobia lead to depression, social isolation, self-harm and even death by suicide.

An earlier speaker on this bill said that the SOGIE community is resilient. Despite the hate in the world, this community is resilient. I have seen this. The many annual Pride events in my riding are a great example. They are loving and powerful. I am so grateful for this. I want to stop the hate in Canada that this community has to be resilient against.

I hope that by getting this bill through the House and the Senate we shut down this horrific practice that harms people so deeply. I hope we all work toward finding love for one another. Life is beautiful, but it is also hard. Who someone is should not mean they have to build up another level of resilience or layer of armour to simply exist in the world. Nothing in this bill affects the ability of parents to discuss questions of sexual orientation, gender identity or expression with their children. It simply does not stop the conversations.

The “what if” argument I am hearing from the Conservatives is disappointing. What I would say is this. What if we lose one more member of the SOGIE community to suicide because they are being taught that who they are is not okay? I want to lean into that fear and work toward saving lives, because to me those lives are more precious and more important than fear. For me, this is a bill that says Canada is beginning to say no to anyone who is making money from or providing conversion therapy.

Recently, I was able to participate in a virtual event to recognize the International Day Against Homophobia, Transphobia and Biphobia hosted by the member for Esquimalt—Saanich—Sooke. I am so grateful for his leadership and hard work on this file. I was able to ask how to be the best ally I could. I will always remember what Brian Chang said. He said that people should advertise when they are allies. They should not just think about it: They should make sure they do all they can to make sure that the people who need to know do not have to ask. I have done my best to be that kind of ally: one who is not passive, but who reaches out and does the work as much as possible. I will always look for more input because I know that we can always do better.

It is hard to recognize that we still live in a world that is not safe for the SOGIE community. This was amplified even more in my riding in December of 2020, when a young person put up a website and followed up with an art exhibit at the Comox Valley Art Gallery. Mackai Sharp had the great bravery to share the story of homophobia he experienced in his community. He named his project “Kill Yourself”. I hope we all take a breath when we hear that.

Hate is a message that tells people who they are is not okay and that they do not belong. I want to continuously work toward a Canada that stops homophobia, biphobia and transphobia. I want a Canada that says clearly, “Love is beautiful. You matter. Your identity matters. Your sexuality matters. Your pronouns matter. Who you are matters.”

Criminal CodeGovernment Orders

May 31st, 2021 / 12:50 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I want to thank my hon. colleague from Esquimalt—Saanich—Sooke for his championing of the rights of the LGBTQ+ two-spirit community. I am horrified as he shares with us the abuse he has experienced for standing up for trans rights.

The only problem I have with Bill C-6 is why we call a practice that is clearly torture something called “therapy”. Is it not time to stop calling residential schools “schools” and call them what they were? Is it not time to call what is called “conversion therapy” abuse and torture?

Criminal CodeGovernment Orders

May 31st, 2021 / 12:40 p.m.
See context

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, conversion therapy has been found by all experts to be fraudulent and harmful. It is not sanctioned by any professional organization and many Canadians are surprised this practice still goes on in Canada. However, we heard powerful testimony at the justice committee, documenting the fact that conversion therapy still took place in both what I would call its traditional form, focusing on sexual orientation, and in a new form that argues that those who are transgender, non-binary or gender diverse ought to be talked out of their personal identity.

The New Democrats and almost all members of the SOGI community have long been calling for a complete ban on conversion therapy in all its forms. What we have before us, after amendments at the committee, is a bill that comes close to a complete ban, as close as possible without actually being one.

The Minister of Justice has repeatedly said that the reason for not going ahead with a complete ban is his fear that it would not survive a charter challenge on the basis that it would restrict the rights of consenting adults to freely choose to subject themselves to conversion therapy.

There is an alternative argument that says a complete ban would indeed likely survive a charter challenge because there are strong legal precedents that argue that no one can actually consent to being defrauded or injured. The clearest parallel in the Criminal Code is the case of fight clubs, which remain illegal, as one cannot consent, no matter how freely, to being physically injured. Therefore, if the evidence is undeniable that conversion therapy is inherently fraudulent and harmful, the same legal principles should apply.

What is banned in Bill C-7? The strongest provision in the bill is a complete ban for minors, including the offence of transporting a minor outside the country to undergo conversion therapy, which is a much more common practice than most Canadians would assume.

Growing up in a society that remains heteronormative and intolerant of any challenges to the binary cisgender norms is challenging enough for queer youth without ending up being pressured into therapy whose goal is to get them to deny who they actually are.

Though Bill C-6 does not institute a complete ban on conversion therapy, it will establish an effective ban on the practice as it prohibits generally what might be called the business practices around conversion therapy. This means there will be a ban on charging for, or profiting from conversion therapy and a ban on paid or unpaid advertising of conversion therapy.

Working together at committee, we did strengthen Bill C-6, although the Conservatives are acting like no amendments actually took place at committee. One of the most important improvements was to alter the original language in Bill C-6, which proposed banning conversion therapy “against a person's will”. This was vague language with no parallel elsewhere in the Criminal Code of which I know. My amendment was adopted to change this language to a ban on conversion therapy “without consent”.

Using the language of without consent clearly situates the ban on conversion therapy within the well-understood and well-developed Canadian jurisprudence on what does and does not constitute consent. I was disappointed that a second amendment, which sought to spell out the specific limitations on consent that would apply in the case of conversion therapy, was defeated. The testimony we heard from survivors about the kinds of duress they were almost universally under to subject themselves to conversion therapy would clearly obviate any claim of consent.

The second important improvement made at the justice committee was to expand the scope of the definition of conversion therapy to include gender identity and gender expression. This makes the language in Bill C-6 consistent with our existing human rights legislation and the hate crimes section of the Criminal Code as amended by Bill C-16. This is important as the new forms of conversion therapy I mentioned are directed at transgender and gender diverse individuals and at the attempt to get them to deny their gender identity under the guise of helping individuals “adjust”.

A third change to Bill C-6 made at committee was to add to the definition of what was in effect a for greater certainty clause stating what was not covered in the ban, something the Conservatives say they wanted and something they are certainly ignoring as it is now in the bill.

Bill C-6 now makes clear that it does not ban good faith counselling. Let me cite the specific definition again, as I did in my question earlier, as it could not be more clear. 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.” That is specifically in the bill.

Opponents of Bill C-6 continue to insist that the bill will somehow prevent conversations between parents and children or pastors and their faithful on the topics of sexual orientation or gender identity. There is no truth to this claim. The only way these conversations could be captured is if, in fact, they were part of a sustained effort to change someone's sexual orientation or gender identity that constitutes a practice or service under the bill. It would be a giant stretch to characterize efforts of parents or pastors to “try to talk their kids out of it” as a practice, service or therapy.

The vehemence of the debate on Bill C-6 around gender identity certainly reflects the fact that trans and gender-diverse Canadians face the highest levels of discrimination of any group in Canada. That discrimination results in high levels of unemployment, difficulties in accessing housing and high levels of violence, including the murder of two transgender Canadians in the last year alone, just for being trans.

During hearings in committee there was a wave of hatred expressed toward me as an individual on social media, which showed me the level of hostility generally toward trans and gender-diverse people in our country. The insults thrown at me ranged from interfering with parental rights to supporting mutilation of children and, most absurdly, being in the pay of big pharma, apparently because transitioning involves hormones. That is a particularly ill-informed charge against someone who has fought all my time in public life for reducing the power of pharmaceutical companies through shorter patents, expanded use of generics, bulk-buying to bring down costs and, ultimately, the establishment of universal pharmacare.

Those insults also included direct threats of violence directed at me, but, again, I remind myself that the hatred I saw, and will inevitably see again after this speech today, provided only a small glimpse into what transgender and gender-diverse Canadians face every day of their lives.

Many of those objecting to the bill have used what I call a “false detransitioning narrative”. To be clear, I am not rejecting the validity of the stories of individuals who may have chosen to detransition, but opponents of Bill C-6 have adopted those stories to construct a false narrative about the number who choose to detransition and their reasons for doing so. Professional, peer-reviewed studies from the U.K. and Scandinavia tell us that very few transgender people actually later detransition. Both major studies cite a number of fewer than five in 1,000 who detransition, and, even more interesting, both studies report that most of them say they detransitioned not because it was not right for them, but because they did not get support from family, friends and the community they live and work in.

The implication by critics seems to be that there is something in this bill that would prevent counselling concerning detransition, when this is absolutely not the case. Using the detransition narrative to detract Bill C-6 is false, in that I am pretty sure this argument often actually has nothing to do with the ban on conversion therapy being proposed; it is an argument about the very validity of transgender Canadians.

Let me say that I find these arguments against the bill, and being at my most charitable, are at a minimum parallel, if not identical, to those that continue to cause harm to trans and gender-diverse Canadians, and they indicate why we need this ban. At some point, some might ask why have a bill at all, when CT is universally condemned as fraudulent and harmful. Again, as many members have pointed out, studies show that literally tens of thousands of Canadians have been subjected to this practice.

It is important to listen to the voices of survivors of conversion therapy; only then can we understand the need for this bill. Once again, I want to extend personal thanks to two survivors, Erika Muse and Matt Ashcroft, who spent a lot of time with me trying to give me a better understanding of the horrors they faced and their own challenging roads to recovery.

On a personal note, let me say again that I have seen progress in my lifetime for some in the sexual orientation and gender identity community, but we have a much longer road to follow when it comes to those who are transgender and gender-diverse. What a ban of conversion therapy really says is this: we know it is impossible to change someone's sexual orientation, gender identity and expression, and trying to change or repress one's identity is harmful. Let's stop literally torturing young Canadians for being who they are. Let's put an end—

Criminal CodeGovernment Orders

May 31st, 2021 / 12:40 p.m.
See context

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I will start over, assuming the clock has been stopped.

I am very pleased to rise to speak to Bill C-6 today, finally. Here we are more than a year after its introduction with the final version of Bill C-6 before the House for a final debate and vote. That is more than one more year longer that this hateful and harmful practice has been allowed to go on.

Hopefully the fact that this bill has been before the House for debate has helped shine a light on the dark places where this so-called therapy takes place, as this is one practice that cannot stand much light. In the interim, many provinces and local governments have enacted bans of their own.

Hopefully this debate will conclude today so we can proceed quickly to a vote and send the bill to that other place, even though the other place has an unfortunate history of killing bills about sexual orientation and gender identity through delay.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:35 p.m.
See context

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I am very happy to be speaking to Bill C-6 today, finally. Here we are more than a year after its introduction with the final version of Bill C-6 before the House for a final debate and vote. That is more than one year longer that this hateful and harmful practice has been allowed to go on.

Hopefully the fact that the bill has been before the House for debate has helped shine a light on the dark places where this so-called therapy takes place, as this is one practice that cannot stand much light. In the interim, many provinces and local governments have enacted bans of their own.

Criminal CodeGovernment Orders

May 31st, 2021 / 12:10 p.m.
See context

Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, I am very pleased to have a speech in front of me this morning, because, like my colleague, I am very emotional and find this topic very upsetting.

I am pleased to rise today at third reading stage to speak to Bill C-6, which amends the Criminal Code with regard to conversion therapy. I think that there needs to be a consensus on this bill to give LGBTQ+ people the respect and protection they deserve. Equality for all is a fundamental value in Quebec, and I hope it is in the rest of the country as well. It is an inalienable right.

Practices that deny the existence of a person's core identity must be condemned. It is 2021. 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 the PQ justice minister got the National Assembly of Quebec to legalize same-sex marriage in 2002, when it instituted civil unions.

The bill that we are debating today proposes to amend sections of the Criminal Code in order to create offences related to the practice of conversion therapy. The term “practice” is very important here. This bill is identical to Bill C-8, which was introduced in March 2020 and died on the Order Paper when Parliament was prorogued. I hope that Bill C-6 will be passed by all members of the House in this 43rd Parliament, because we cannot afford to waste any more time.

What is conversion therapy? It is a practice, treatment or service designed to change a person's sexual orientation to heterosexual or their gender identity to cisgender, or to repress or reduce non-heterosexual attraction or any behaviour deemed abnormal. That is appalling.

I want every member to put themselves in the shoes of a vulnerable person, if only for a few moments, and imagine just how much this can violate their identity and how much distress it can cause. I find it inconceivable that this type of treatment is still being used today in an attempt to please parents or any organization and obtain their approval. For goodness' sake.

In Quebec, respect for each person's gender identity and sexual orientation is a value that the practice of conversion therapy violates. In our society that is so inclusive and respectful of human rights, or so I hope, who are we to judge what is good for a person and to try to convince them to be otherwise?

As experts are saying, conversion therapy is pseudoscience. Not only is it dangerous and degrading, but, as many studies have shown, it does not work. According to the World Health Organization, conversion therapy practices “represent a serious threat to the health and well-being of affected people”. According to the Canadian Psychological Association, “[c]onversion 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”. That is very serious.

Conversion therapy has already been banned in five Canadian provinces and one territory: Manitoba, Ontario, Nova Scotia, Prince Edward Island, Quebec and Yukon. The cities of Vancouver, Edmonton and Calgary have banned it as well. Around the world, Albania, Brazil, Ecuador, Fiji, Germany, Malta, Switzerland and Taiwan have all banned this type of therapy, as have more than 20 states and 80 cities in the U.S. Conversion therapy does, sadly, happen in Canada, but it is done behind closed doors. When I tell my constituents, they are surprised to hear that this practice still exists. We must speak out against these types of therapy and take action.

I would like to talk about the high-profile case of Gabriel Nadeau.

Gabriel was a member of a Pentecostal Protestant community and underwent conversion therapy three times.

I want my colleagues to feel what I did when I heard his story, so I will to quote Gabriel. He said:

Four people physically held me down while the “prophet” shouted into my ears for 30 minutes, calling for the demon to get out, and they made me drink “holy olive oil”.

He added:

Everyone around me was saying that my sexual orientation could be changed. I tried everything...but of course nothing was successful. I had a breakthrough between the ages of 18 and 19.... Now, I accept my orientation and am proud to be gay.

It is hard to imagine everything he went through.

The members of his group believed that homosexuality was a malevolent spirit, a demon. Gabriel said he was aware of that and believed it himself. Exorcism was one of the therapeutic techniques used.

He went on to say:

I think that the hardest part for me, harder even than the exorcism, was the self-rejection that followed, the feeling of being completely disgusted by myself, wanting to change completely, and being so desperate every day.... It was truly awful.

Gabriel Nadeau also added:

I found self-acceptance, and I realized that I didn't always have to conform to what other people wanted or thought, when it came to my sexuality or anything else. It is wonderful, and I would never go back to that religious prison.

I applaud him for having the courage to share his story and his experience, as traumatizing as it was. By sharing his story, he gave society and elected representatives like us an opportunity to reflect and the words and images to understand the violence that Quebeckers and Canadians who undergo conversion therapy may experience. I want Gabriel to know that we are grateful to him and we are thinking of him.

Fortunately, Quebec society and Canadian society, distinct though they may be, have a lot in common, in particular in terms of values. Quebec and Canada agree on certain matters and adopt consistent policies to enhance human rights.

As Bloc Québécois critic for living together, I would like to take this opportunity to highlight the Quebec government's human rights protection initiative, Bill 70, which prohibits conversion therapy in Quebec.

May 17 was International Day Against Homophobia, Transphobia and Biphobia. This year's theme was “For some, showing their colours isn't a choice”. Around the world, LGBTQ2S+ individuals are still the victims of psychological, physical and sexual violence.

The aim of the bill is to put an end to conversion therapy, which is a form of terrible psychological violence unsupported by science.

I would therefore invite all of my colleagues, especially my Conservative colleagues, who are trying to make amendments that could be made at a later date, to act before the end of the session. We must stop postponing the issue and vote to defend and protect LGBTQ2S+ individuals in Quebec and Canada. We must not postpone the adoption of the bill, but vote in favour of it. That is what I ask. No one deserves to suffer needlessly and bear the scars for the rest of their life.

It is our duty to protect the vulnerable. That is why I chose to go into politics. I would also like to mention that, not so long ago, on June 15, the Conservative leader tweeted, “Let me be clear, conversion therapy has no place in Canada and should be banned. Period.... I am committed to fighting this unacceptable and harmful practice. I will not compromise on this issue.” We will see if his word is worth anything when it comes to taking action.

According to a recent official survey, 47,000 Canadian men belonging to a sexual minority have been subjected to conversion therapy. We are not talking about 2,000 men or 5,000 men, but about 47,000 men.

The Bloc Québécois is proud to be a long-time ally of the LGBTQ2S+ community. All of my colleagues were prepared long ago to put an end to the violence of conversion therapy, here and now, so that no sexually or gender-diverse person has to convert, since we love them and celebrate them.

In conclusion, I do not know if my colleagues have seen the movie Boy Erased, but it really helped me understand what conversion therapy is like and the impact it has on individuals and their families. It was so terrifying that it gave me goose bumps. It really opened my eyes. I asked my children to watch it, and then we talked about it. The first thing they said was, “Mom, it is based on a true story. When did it happen?” I answered that it was not very long ago and that this sort of thing is still going on. This 2018 movie is based on the memoirs of Garrard Conley, a 35-year-old author and activist. He recounts the traumatizing and violent experience of the conversion therapy forced on him by his parents. He did not want the therapy. I urge my colleagues to watch the movie, because it was a powerful awareness-raising experience for me and my family.

In the end, that is what it is all about: education, information and understanding others. Regardless of our gender identity or sexual orientation, we are all beautiful in our diversity.

I am pleased to be able to say that the Bloc Québécois has always been resolutely committed to protecting and promoting the rights and freedoms of Quebeckers. I am very proud to belong to a political party that shares my values and that has always been an ally in the fight against discrimination based on sexual orientation, gender or gender expression.

I asked my colleagues to stand up and dare to take action. We need to pass Bill C-6 before the end of the session. It is already late, in my opinion. However, as we say, it is never too late.

Criminal CodeGovernment Orders

May 31st, 2021 / noon
See context

Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, I thank the House for this opportunity to continue my remarks on Bill C-6.

I am a member of the justice committee, where many witnesses stated that we need to clarify the definition of conversion therapy in this bill. We heard over and over from lawyers that the definition is overbroad and imprecise and the bill lacks clarity, and from faith leaders like Cardinal Collins, who is a spiritual leader to two million Canadians, that it goes beyond the stated goal of banning coercive therapies. Other witnesses testified that good-faith conversations from caring counsellors literally saved their lives and helped them sort themselves out with support, time and no presupposed or preferred outcomes.

Given all the testimony we heard, much of which I referenced when I spoke previously, why not clarify the language of the bill? Why not specify that good-faith, non-coercive conversations would not be subject to criminal penalty? Why not? It is because the current Minister of Justice claims it would be redundant to do so. Redundant? Really? When is clarity so fervently called for by so many witnesses ever redundant? Why not give the comfort sought if it is implied, as the minister has suggested? The simplest answer is often the right one. The minister and the Liberal government do not want to give that comfort, do not want to give that protection.

This bill calls for criminal sanctions that could land Canadians in jail for five years. It is our duty as parliamentarians to draft precise legislation for judges and for all Canadians. Criminal law should have the highest threshold against confusion and ambiguity.

One of my daughters is a school counsellor. I want to ensure that she and the thousands of other hard-working counsellors across this country can continue to have safe conversations with students without violating the law.

It is an easy fix. Conservatives put forth a simple amendment to add a “for greater certainty” clause to the definition of conversion therapy. Our amendment mirrored the wording on the Department of Justice's own website so that teachers, school counsellors, pastoral counsellors, faith leaders, doctors, mental health professionals and friends and family could provide support, without fear of criminal sanction, to persons who seek their counsel and who are struggling with their sexual orientation, sexual feelings or gender expression and identity.

An explanation given by a Liberal member at committee was that the list in our amendment stating “such as...teachers, school counsellors”, etc. offends the principle and statutory interpretation that the inclusion of some means the exclusion of others. As a former trial lawyer and administrative law judge, I can say that lists were always helpful to me in interpreting and applying the law. As for the canon of construction expressio unius est exclusio alterius, it simply does not apply where a list includes a prefix like “such as”. “Such as” means that the list is not exhaustive.

This is pretty basic stuff. Why does the Liberal government not stand by its own justice website? Why did it change its wording? This is the Liberals playing “gotcha” politics with real lives and real struggles, again, trying to force members to vote against this bill because of its lack of precision to later falsely claim that those who voted against it are therefore in favour of coercive conversion therapy. It is intentionally insulting and beneath the dignity of this House. By erasing all confusion, our amendment would have erased all doubt and garnered widespread support.

One last concern is that as of the final justice committee meeting before clause-by-clause consideration back in December, members were told that 260 written submissions were still being translated, and they were not available until after we voted on amendments. To ignore them is disrespectful and runs counter to our democratic values. It may have altered the very outcome of our clause-by-clause deliberations.

It is my hope that having digested these briefs in the intervening months, we, on both sides of the aisle, will recognize the importance of condemning harmful practices in a clear and targeted way. Let us reduce suffering and provide acknowledgement by banning coercive conversion therapy, but not increase suffering by ignoring so many briefs and witnesses.

We should love and look out for all Canadians: no Canadian left behind. I challenge the government to clarify the language in this bill, or at least be honest with Canadians about the intent behind it. Let us leave out hurtful and unnecessary politicization and welcome inclusion.

The House resumed from April 16 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

May 28th, 2021 / 12:30 p.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, the third and final petition is on Bill C-6, the government's bill that purports to seek to ban conversion therapy. The petitioners are supportive of efforts to ban conversion therapy. However, they are very concerned about the definition in the bill, a definition which, in substance, would ban many things that are not and have nothing to do with conversion therapy, including private conversations in which views on sexuality and gender expression might be expressed.

The petitioners call on the government to ban coercive, degrading practices that are designed to change a person's sexual orientation or gender identity, to amend Bill C-6 to fix the definition of “conversion therapy”, thus banning conversion therapy without banning voluntary counselling or criminalizing conversations. The petitioners want to see the government allow parents to speak with own children about sexuality and gender and to set house rules about sex and relationships.

Business of the HouseOral Questions

May 27th, 2021 / 3:05 p.m.
See context

Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, I thank my kind colleague for his important question.

This afternoon, we will begin report stage and third reading of Bill S-3, regarding offshore health and safety. Tomorrow, we will resume second reading debate of Bill C-21, on the Firearms Act.

On Monday, we will resume third reading stage of Bill C-6, on conversion therapy. That evening, we will consider in committee of the whole the main estimates for the Department of Foreign Affairs, Trade and Development.

On Wednesday, we will consider Bill C-22, on criminal justice reforms, at second reading.

Tuesday and Thursday will be allotted days.

Once again, I thank my colleague for his very important question and wish him a great afternoon.

Conversion TherapyPetitionsRoutine Proceedings

May 26th, 2021 / 4:15 p.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I am happy to table four petitions in the House today. Hopefully, I will be able to get through them without being interrupted by heckling from the member for Cambridge or the member for Kingston and the Islands, who have a habit of doing that from time to time.

The first petition is with respect to Bill C-6. Bill C-6 is the government's conversion therapy legislation that is currently before the House. Petitioners support the objective of the bill, which is to ban conversion therapy. However, they note that the bill poorly defines the practice of conversion therapy. The definition, as written, is so broad that it could apply to many conversations that simply have nothing to do with conversion therapy.

Petitioners want to see the government support reasonable amendments to Bill C-6 and then work hard to pass a bill that would ban conversion therapy with an effective definition that isolates that particular horrific practice.