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.