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

Technical Briefing Deck

October 2020

Bill C-6, identical to former Bill C-8, supports mandate letter commitments of the Minister of Justice and Attorney General of Canada and the Minister of Diversity and Inclusion and Youth
- To work together to amend the Criminal Code to ban the practice of conversion therapy and to take other steps as required to end the practice of conversion therapy in Canada, including by working with the provinces and territories

Social science evidence indicates:
- Conversion therapy treats non-heterosexual and non-cisgender identities as pathologies/sicknesses that need to be “repaired” thereby discriminating against LGBTQ2 persons;
- Conversion therapy causes harm to those subjected to it, particularly children, including depression, anxiety, suicidal ideation and suicide attempt; and,
- Despite these harms, some adults choose conversion therapy, often due to distress caused by incongruence between sexual orientation/gender identity and religious beliefs.

Mental health associations have denounced the practice
- Founded on myths and stereotypes about LGBTQ2 persons
- Causes harm to those subjected to it
Existing Criminal Code offences may apply
- e.g., forcible confinement, assault, fraud and wilful promotion of hatred
Provincial and municipal responses
- Health care-related laws (i.e., Ontario, Nova Scotia, PEI, and bill introduced in the Yukon and Quebec) and municipal by-laws (e.g., Vancouver and Calgary)
- Non-legislative measures (e.g., Manitoba’s Position Statement)
International Responses
- Only jurisdiction known to have criminalized conversion therapy is Malta
- European Parliament passed a resolution (March 2018) condemning conversion therapy and urging European Union member states to ban the practice

Ban conversion therapy-related conduct to:
- Denounce harms caused by conversion therapy to those subjected to it, particularly children; and,
- Protect the dignity and equality of lesbian, gay, bisexual, transgender, queer and two-spirited (LGBTQ2) persons.
Proposes to amend the Criminal Code to:
- define conversion therapy;
- create five new offences; and,
- authorize courts to order seizure of conversion therapy advertisements and their removal from computer systems/internet.

Bill C-6 would define 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
Bill C-6 would clarify that conversion therapy does not capture:
- a practice, treatment or service that relates to a person’s gender transition OR a person’s exploration/development of their identity, for example:
  - Sex reassignment surgery or any related treatment
  - Any therapy that maintains a range of acceptable life choices