House of Commons Standing Committee on Justice and Human Rights – Bill C-6, An Act to amend the Criminal Code (conversion therapy)

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Legislative Summary

Government Bill C-6

Sponsor: Senator Cormier

An Act to amend the Criminal Code (conversion therapy)

Ministries:

Justice; Diversity and Inclusion and Youth

Summary:

Bill C-6 will amend the Criminal Code to criminalize conversion therapy-related conduct. Specifically, the proposed amendments would protect minors from conversion therapy in Canada or from being removed from Canada to undergo conversion therapy; adults who are susceptible to being forced to undergo conversion therapy; and, Canadians from commercialization of conversion therapy. The Bill proposes to:

1. Define conversion therapy as a practice, treatment or service designed to change an individual’s sexual orientation to heterosexual or gender identity to cisgender, or to repress or reduce non-heterosexual attraction or sexual behaviour, and specify that it does not include a practice, treatment or service that relates to:
   1. An individual’s gender transition; or
   2. An individual’s exploration of their identity or its development;
2. Criminalize causing a person under the age of 18 years (a “minor”) to undergo conversion therapy;
3. Criminalize removing a minor from Canada to undergo conversion therapy abroad;
4. Criminalize causing a person to undergo conversion therapy against their will;
5. Criminalize receiving a financial or other material benefit from the provision of conversion therapy;
6. Criminalize advertising an offer to provide conversion therapy; and
7. Authorize courts to order the seizure of materials containing conversion therapy advertisements or the removal of such advertisements from computer systems and the Internet.

These amendments will not criminalize those who provide support to persons struggling with their sexual orientation or gender identity (such as friends, family members, teachers, social workers, religious leaders, and so on). [Redacted].

Ministers:

• The Hon. David Lametti (Justice)
• The Hon. Bardish Chagger (Diversity and Inclusion and Youth)

Parliamentary Secretaries:

• Arif Virani
• Adam van Koeverden

Technical Briefing:

A technical briefing on Bill C-6 will be held for all Senators by teleconference on Thursday, October 29, 2020 from 11 a.m. to 12 p.m. Eastern time.

Government Rationale:

Conversion therapy refers to efforts to change the sexual orientation of bisexual, gay and lesbian individuals to heterosexual, to repress or reduce non-heterosexual attraction or behaviours, or to change an individual’s gender identity to cisgender (meaning having gender identity match the sex assigned at birth).

Relevant evidence shows that individuals have experienced a range of harms from receiving conversion therapy, including self-hatred, depression, suicidal ideation and suicide attempts; children are particularly susceptible to conversion therapy’s negative effects; and, transgender, Indigenous, racial minority and lower income individuals are disproportionately exposed.

In light of these proven harms, many professional associations have denounced conversion therapy as harmful, especially to children, including the Canadian Psychological Association, the Canadian Psychiatric Association, the Canadian Paediatric Society, the American Psychiatric Association, and the American Psychological Association.

Furthermore, conversion therapy reflects myths and stereotypes about lesbian, gay, bisexual, transgender, queer and two-spirited (LGBTQ2) persons, in particular that sexual orientations other than heterosexual and gender identities other than cisgender can and should be changed. Accordingly, conversion therapy causes social harm by stigmatizing these persons, harming their dignity and negatively impacting their equality rights.

The proposed amendments will forbid anyone from advertising an offer to provide conversion therapy. They will further criminalize providing conversion therapy to all children and will criminalize removing a child from Canada for the purpose of receiving conversion therapy. The amendments will also criminalize providing conversion therapy against the will of an adult. [Redacted].

This is the most progressive and comprehensive legislative response to this devastating practice in the world. The Government is confident that the legislation is Charter-compliant. To that end, the Minister of Justice will table a Charter statement, in accordance with the Department of Justice Act, in both houses of Parliament in the near future to better inform Parliamentary debate.

Three provinces have enacted legislation under their responsibility for health-related matters, specifying that conversion therapy is not an insured health service and banning health care professionals from providing services to minors that seek to change their sexual orientation or gender identity, unless they are capable of consenting (they are a “mature minor”) and consent (Ontario in 2015; Nova Scotia in 2018; and, PEI in 2019). Yukon has committed to acting on conversion therapy, as well as Quebec. Some Canadian municipalities have also banned businesses from providing conversion therapy, such as Vancouver, B.C. and Calgary, Edmonton, St. Albert, Lethbridge, and Strathcona County, Alberta.

Contacts:

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