This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.
This bill was previously introduced in the 43rd Parliament, 1st Session.
David Lametti Liberal
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament often publishes better independent summaries.
This enactment amends the Criminal Code to, among other things,
(a) repeal the provision that requires a person’s natural death be reasonably foreseeable in order for them to be eligible for medical assistance in dying;
(b) specify that persons whose sole underlying medical condition is a mental illness are not eligible for medical assistance in dying;
(c) create two sets of safeguards that must be respected before medical assistance in dying may be provided to a person, the application of which depends on whether the person’s natural death is reasonably foreseeable;
(d) permit medical assistance in dying to be provided to a person who has been found eligible to receive it, whose natural death is reasonably foreseeable and who has lost the capacity to consent before medical assistance in dying is provided, on the basis of a prior agreement they entered into with the medical practitioner or nurse practitioner; and
(e) permit medical assistance in dying to be provided to a person who has lost the capacity to consent to it as a result of the self-administration of a substance that was provided to them under the provisions governing medical assistance in dying in order to cause their own death.
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.
Niki Ashton NDP Churchill—Keewatinook Aski, MB
Mr. Speaker, first of all, the member who asked the question has a record of supporting deeply troubling and discriminatory views. We saw that in his leadership campaign. What I would say is that when it comes to—
The Deputy Speaker Conservative Bruce Stanton
Order. The hon. member for Hastings—Lennox and Addington is rising on a point of order.
Derek Sloan Conservative Hastings—Lennox and Addington, ON
Mr. Speaker, those comments have nothing to do with this debate. They are personal attacks that have been taken out of context and are in fact false. I would prefer that we return to the debate—
The Deputy Speaker Conservative Bruce Stanton
I appreciate the hon. member's point of order. In this case, I did not hear anything in the comment by the member for Churchill—Keewatinook Aski that would necessarily categorize it in the same way that the hon. member for Hastings—Lennox and Addington has. I will keep an ear open for that. In this case, what the member is speaking of constitutes debate on the question before the House. Perhaps he will have another opportunity in the course of this debate to comment on those issues.
The hon. member for Churchill—Keewatinook Aski can complete her response.
Niki Ashton NDP Churchill—Keewatinook Aski, MB
Mr. Speaker, frankly, I am flabbergasted at the member's comment. If he is not able to take the heat for what we all know is a very troubling track record, then I am not quite sure what he is doing here.
I have real concern with mis-characterizing organizations as feminist. I am very concerned to hear the kind of framing that the member is using, frankly, to fit his own agenda: an agenda that we know has been of hate and discrimination.
Let me be clear. Trans rights are human rights. The rights of the LGBTQ2IA community are human rights. As members of Parliament in a country like Canada, which commits to upholding human rights, we should be standing up for them. Supporting Bill C-6 is squarely part of that, and we must go a lot further.
Denis Trudel Bloc Longueuil—Saint-Hubert, QC
Mr. Speaker, I very much appreciated my colleague's speech. Like her, I agree with the bill we are debating today.
I recently watched the TV series Ratched, which is set in a psychiatric hospital in the 1950s. In the series, they treat homosexuality with a lobotomy. It really drives the point home that this was happening in the 1950s.
I am shocked to see that in this day and age, gay and trans individuals are still not fully accepted and face a great deal of intolerance. I am very aware of the suicide rate among gay people.
In 2020, this bill is progressive and brings us into the 21st century. What should we do today to make trans and gay individuals feel more accepted? As legislators, what can we do to advance Canadian society even further?
Niki Ashton NDP Churchill—Keewatinook Aski, MB
Mr. Speaker, I thank my colleague for the question.
I appreciate what he said about the history of our country. We must learn from history so that the abuse suffered by gay and trans individuals is not repeated.
In my speech, I mentioned several actions that the federal government should take to recognize the rights of members of the LGBTQ+ community here in Canada. We must also ensure federal funding is distributed to support the work being done every day by LGBTQ+ organizations on the ground, in support of marginalized members of their community.
As I said, it is not enough to do this work here at home. For example, we must also implement an international policy that upholds the rights of members of LGBTQ+ communities.
Paul Manly Green Nanaimo—Ladysmith, BC
Mr. Speaker, I agree with the hon. member, 100%, that sexual orientation and gender identity, SOGI, rights are human rights; and we need to go further as parliamentarians to protect people from homophobia and from horrible practices like the practice of conversion therapy, which is not a therapy it is torture.
In going further, would the member like to see a complete ban? The legislation says that adults going through conversion therapy against their will is banned, but would the member like to see a complete ban of this so-called therapy?
Niki Ashton NDP Churchill—Keewatinook Aski, MB
Yes, Mr. Speaker, absolutely a complete ban is important. It is very important for us to support the bill but to state very clearly that it must go further. Let us not lose the opportunity that we have right now to do the right thing. Already, the Liberals have waited way too long. I certainly would encourage jurisdictions across the country to continue to do the work they are doing to implement complete bans at their levels of government, but we can be leaders right now and set the bar right now; a complete ban is critical.
As I said, we need to be ensuring that we are standing up for the human rights of the LGBTQ2IA communities here at home and in our foreign policy as well. That is something where we need to see much more leadership from the Liberal government, now and going forward.
Majid Jowhari Liberal Richmond Hill, ON
Mr. Speaker, I am pleased to join second reading debate on Bill C-6, which proposes to criminalize conduct pertaining to conversion therapy, a cruel exercise that stigmatizes and discriminates against Canada's LGBTQ2+ communities.
Bill C-6 proposes the same amendments as a previous bill, Bill C-8. We are committed to ending conversion therapy in Canada and we continue to advocate for that. Conversion therapy is a destructive and discriminatory practice that serves to change a person's sexual orientation or gender identity, the fundamental part of who they are.
Relevant evidence shows individuals have experienced a range of harms. Children are especially vulnerable to the negative effects of conversion therapies and transgender, indigenous, racial minority and lower-income individuals are disproportionately exposed. This bill promotes the equality rights of lesbian, gay, bisexual, transgender, queer and two-spirited Canadians by targeting the conduct of the hazardous practices that sends a message that they can and should change who they are, which is wrong.
Canadians value diversity, equality and human dignity. This bill reflects and reiterates those fundamental values. We must move ahead and eradicate this discriminatory practice that is out of step with Canadian values. Many studies have catalogued the harms experienced by people who have been subjected to conversion therapy. In 2009, the American Psychological Association noted that conversion therapy originated in a time when homosexuality was listed as a mental disorder in the American Psychiatric Association's diagnostic and statistical manual.
More recent research shows a wider variety of interventions, including gender role reconditioning, support groups and psychotherapy, as well wide varieties of providers, including both licensed and unlicensed mental health providers in various disciplines, pastoral counsellors and laypersons. Not surprisingly, the science shows that conversion therapy is incapable of achieving this discriminatory end. A person can no more change their sexual orientation or gender identity than they can their ethnicity or other characteristics that define who they are.
As with any bias against individuals based on actual or perceived sexual orientation, gender identity or gender expression, it negatively affects mental health and causes a wide range of serious harms, including decreased self-esteem and authenticity to others, increased self-hatred, confusion, depression, guilt, hopelessness, helplessness, shame, social withdrawal, suicidal ideation, increased substance abuse, feeling of being dehumanized and untrue to self, loss of faith and sexual dysfunction.
Conversion therapy has also been discredited and denounced by many professional associations as a harmful practice, particularly to children. For example, in 2014, the Canadian Psychiatric Association expressed its opposition to the use of conversion therapy, stating that the practice assumes LGBTQ2+ identities “indicate a mental disorder” and that LGBTQ2+ people “could or should change their sexual orientation [or] gender identity”.
The Canadian Paediatric Society has also indicated the practice is clearly unethical and the Canadian Psychological Association, in its policy statement on conversion therapy, opposes the practice and takes note of the fact that scientific research does not support its efficacy. I would like to emphasize that conversion therapy is a very harmful practice to our children, and it is our duty to protect them against such harmful practices.
To be clear, the evidence tells us the persons exposed to conversion therapy have experienced its harmful impacts regardless of whether they were compelled to undergo the practices or sought it out themselves.
Both groups experienced the very same harms, because conversion therapy is aimed at changing a person and not exploring the harmful impacts of stigma and stereotype on a person's self-conduct, which is the foundation for legitimate interventions. Conversion therapy can take many forms, including counselling, behavioural modification and thought therapy and may be offered by professionals, religious officials or laypersons.
Bill C-6 defines conversion therapy as “...a practice, treatment or service designed to change a person’s sexual orientation to heterosexual or gender identity to cisgender, or to repress or reduce non-heterosexual attraction or sexual behaviour.” To be clear, this definition does not capture practices, treatments or services designed for other purposes, such as those aimed at supporting individuals without trying to change them. Furthermore, the legislation clarifies that gender-affirming therapies and treatments are not captured by the definition.
Conversion therapy is predicated on lies and falsehood, such that being homosexual, lesbian, bisexual or trans is somehow wrong and needs fixing. Not only is this belief false, it signals a demeaning and degrading message, which undermines the dignity of individuals and the entire LGBTQ community. In contrast to what others may say, there is no right or wrong when it comes to who one is or who one loves. As mentioned earlier, conversion therapy has been discredited and denounced by professionals and health care associations in Canada, the United States and all around the world. It has no scientific basis or grounding in health care practices.
Bill C-6 proposes to create five new Criminal Code offences targeting conversion therapy. These proposed offences would prohibit: first, causing a minor to undergo conversion therapy; second, removing a minor from Canada to undergo conversion therapy abroad; third, causing a person to undergo conversion therapy against their will; fourth, profiting from providing conversion therapy; and fifth, advertising the provision of conversion therapy. If passed, this bill would make Canada's laws on conversion therapy the most progressive and comprehensive in the world.
Victor Madrigal-Borloz, the UN independent expert on sexual orientation and gender identity, has said that this bill could provide a new international model for dealing with such practices and that this type of more encompassing disposition is probably the very best when it comes to the practices that he has seen around the world.
I implore my colleagues across all party lines today to ensure that we are clear: There is a clear difference between asking someone who they are and telling someone that who they are is wrong and needs fixing.
Supportive teachers, school counsellors, pastoral counsellors, faith leaders, doctors, mental health professionals, friends and family members do not need to fear engaging in the important discussion about someone's identity. These discussions are often critical to personal development. However, what is being targeted here are those who are actively working and providing services designed to change someone's identity based on preconceived notions of who someone ought to be or how someone ought to behave. This bill represents important progress toward ending conversion therapy in Canada and reflects a harmony between progressive policy and constitutional consideration. We must stand together in support to curtail this unscientific and dangerous practice.
In closing, Canada is a country where everyone, regardless of their gender, their gender identity or their sexual orientation can live in equality and freedom. As parliamentarians, this is exactly the legacy we should leave for all of our children, grandchildren and so on. I sincerely hope that all parliamentarians will support this important piece of legislation.
Matt Jeneroux Conservative Edmonton Riverbend, AB
Mr. Speaker, the member and I worked together at the mental health caucus for two Parliaments and have done a lot of good work there. He just spent the last 10 minutes explaining how important this piece of legislation is, but in the last four years the government has failed to act. It was actually the municipalities that encouraged the government to finally take action on this file.
I am curious to hear his thoughts as to why it took him and his government so long, essentially kicking and screaming, to get to this point and finally bring the legislation forward.
Majid Jowhari Liberal Richmond Hill, ON
Mr. Speaker, it has been an honour to work with the member on the all-parliamentary health caucus. We have effectively worked on that caucus together for at least the last two years to make sure that the impact of mental health on many vulnerable individuals, especially men, in our community is addressed. It is a passion that is shared by both of us.
To respond as to why this has taken so long, the bill was introduced earlier this year. Unfortunately, due to the Speech from the Throne, we were not in a position to debate it fully. Now the bill is in front of us and we are looking forward to debating it and sending it to committee. We are looking forward to having the support of all parties in the House.
Denis Trudel Bloc Longueuil—Saint-Hubert, QC
Mr. Speaker, I really enjoyed my hon. colleague's speech.
I found one aspect somewhat intriguing. Everyone agrees that we need to pass this bill quickly. Some people who have experienced trauma are waiting for us to pass it. However, there are several other pressing issues, including medical assistance in dying. Some of these bills could have been passed a month ago, but the government decided to prorogue the House for five weeks.
Would my colleague agree that we could have used those five weeks to move some of this legislation forward? People are waiting for us legislators to move things forward.
Majid Jowhari Liberal Richmond Hill, ON
Mr. Speaker, that is an important question. It is fair to acknowledge that we are living in very difficult times. COVID-19 has left an impact on not only Canadians but across the world. That is the reason we had to take a pause and really reflect on what we had learned since March or early February, when we became aware of this pandemic. We did that and we did it effectively.
We came back with a very strong Speech from the Throne that talked about mental health. We also now have the opportunity to reintroduce bills such as Bill C-6 and Bill C-7.
Charlie Angus NDP Timmins—James Bay, ON
Mr. Speaker, one of the things that we see in terms of what is happening on the ground right now, particularly with trans youth, is marginalization and high levels of violence.
I have heard from some of the Conservatives this continual message that this legislation, which bans the specific act of conversion therapy, will somehow interfere with families being able to talk about these issues and will criminalize professionals who are brought in to work with them. I think it is pretty clear, if one looks at the issue of transgender actions, that there is an entire process of consultation and preparation. The idea that this is going to be criminalized, which some members of the Conservative Party have been trying to say, is creating unnecessary fear.
I would like to ask my hon. colleague about this.