Thank you, Chairperson.
My name is Adrienne Smith.
I'm joining you today from the unceded territories of the Musqueam, the Tsleil-Waututh, and the Squamish people as well. As an uninvited settler in occupation, I'm committed to a decolonization that involves reparations and the return of land.
I am a social justice lawyer and a non-binary person. I use they/them and their pronouns.
In French, the masculine or neuter pronoun is “il”.
I could answer your questions in French.
In support of my submission today, I am submitting a written brief. I'm grateful to appear in support of Bill C-6, which seeks to regulate, by criminal sanction, practices that seek to convert queer and trans people by force or coercion.
Having listened carefully to other witnesses in the debate on this bill, I have three main points. The first is about the definition. The second is about the charter compliance of the bill. The third is about the necessity to protect transgender people in the sanction that is sought.
First, with respect to the definition, all parties have agreed about what we're talking about and all have expressed their will to stop it. Still, I note, the committee is encountering challenges to the scope of the bill from those who would seek greater certainty. With respect, the practice of conversion is abusive and fraudulent, and in no way bears any similarity to the distracting hypotheticals that you are hearing about or the kinds of counselling that people have witnessed to today that have been helpful to them. Those practices will still be allowed.
Again, with respect, I see people who are raising concerns repeatedly and are doing so for political reasons, based possibly on their opposition to the core of the bill and not in good faith. I work as a criminal lawyer. I have no concerns about what this bill says. I dispute that there would be a chill on legitimate care.
This bill would end coercive programs that seek to undermine the sexual orientation and gender identity of two-spirit, queer and trans people. It would not unduly limit spiritual and parental guidance unless that guidance seeks by force to convert, in which case it should be captured by the prohibition.
I agree that importing the terms of “gender identity and expression” from Bill C-16 would clarify.
I think that would be a helpful clarification.
With respect to the charter, I would recommend a brief amendment. I think, to start, the bill is charter-proof as it stands. I would recommend that the committee consider an amendment that would close the dangerous loophole with respect to adults. As drafted, the bill would allow adults to consent to conversion practices. It seems to me that the drafters of the bill have left this loophole out of fear that there would be a charter challenge.
I heard Minister Lametti ask for input, and I have some. I think the prohibition on this dangerous activity would be charter compliant for adults because it is a valid practice of the criminal law that's not in conflict with provincial power. The provinces agree this isn't valid health care. The harm is clear. The bill is carefully tailored to capture the harm. There would be a minimal infringement on religious practices that would sanction this type of abuse. Benevolent religious practices would not be captured by the scope of the bill.
Finally, the minister knows that the charter is not unlimited and is restricted by section 1, which sets out limits that are reasonably necessary in a free and democratic society. The protection of people standing farthest from justice is a reasonable limit. Sound medical care would still be allowed if you prohibit consent to abuse by adults, as I recommend. If you do not insert such language, we should tighten up the language around what consent means in this setting.
Finally, trans people need to be included within the wording of this bill. You've been urged by some witnesses, who are not friends of my community, to peel back protections for non-binary people. I think these folks seek to draw Parliament and this committee into an unhelpful debate about the merits of gender-affirming health care. That question is not before you. To be clear, many of these arguments unmasked of artifice deny the inherent dignity of queer and trans people.
As a result, I strongly recommend a slight amendment and that you adopt this bill.
Thank you.