Update on Canada’s conversion therapy bill

Written by Collin Wynter.

UPDATE ON DECEMBER 9, 2021: On Tuesday, the Senate of Canada passed Bill C-4 without debate and without sending it to be studied at committee, despite the plea of Senator Mobina Jaffer and an alleged 4000+ emails sent to the Senate requesting such citizen consultation. It has now received Royal Assent and is Canadian law.

NOTE: Genspect stands against all conversion therapy on the basis of sexual orientation and believes it is unsafe to legislate in such a way that stops therapists from exploring gender identity. We denounce any form of coercive or degrading treatment, whether or not in therapeutic settings.

The Canadian parliament passed Bill C 4, An Act to Amend the Criminal Code (conversion therapy) unanimously on December 1, 2021. This is the third attempt at passing such a bill. The last attempt, Bill C 6, made it to the Senate but died when parliament was dissolved for an election.

Unanimous consent was gained when Conservative MP Rob Moore made a motion asking for the bill to go straight to the Senate. This means the bill will not go through the parliamentary stages, have any hearings with witnesses, or collect any briefs from the public. Defending this decision, Conservative house leader Gérard Deltell is quoted in CBC:

“People are behind the situation, that we just want to have the bill where it was six months ago.” [referring to Bill C 6 being read by the Senate]

There was an assumption that the Liberals would expedite all bills that died last summer. But it came as a shock to many, including the Liberals, when the Conservatives unanimously agreed to the bill, likely for strategic political reasons.

“You never know when you come into work in this place what to expect,” O’Regan said [in the CBC]. “We didn’t see this, but I’m delighted for it.”

Previously, 63 Conservatives voted against Bill C 6.

The bill adds the following four offences to the criminal code, punishable with jail time up to five years as well as fines:

(a) causing another person to undergo conversion therapy;

(b) doing anything for the purpose of removing a child from Canada with the intention that the child undergo conversion therapy outside Canada;

(c) promoting or advertising conversion therapy; and

(d) receiving a financial or other material benefit from the provision of conversion therapy.”

The bill has also expanded the scope of its definition by including adults.

Considering conversion therapy is not defined, many are concerned that this may have a chilling affect on therapists who use exploratory techniques rather than the affirmation-only model. In response, a member from Gender Dysphoria Alliance states in the National Post:

“Alarms are being sounded all over the world,” says Aaron Kimberly, a B.C.-based transgender man and registered nurse with qualms about the current approach. “And Canada seems completely deaf to it.”

-Tom Blackwell, National Post

Conflating sexual orientation with gender identity and gender expression is another concern. Debra Soh, author of The End of Gender, points out the difference in True North News:

“Sexual orientation is immutable and cannot be changed. As a result, therapeutic interventions attempting to change sexual orientation aren’t ethical because they don’t work. A gay or bisexual person cannot be made to be straight. Gender identity, however, is different in that it can change over the lifespan, particularly in young children.”

-Dr. Debra Soh, author of The End of Gender

If the bill passes the Senate, its outcome may be decided in the courts. With the inclusion of adults into the bill, it may be ripe for a Constitutional challenge. Something Justice Minister David Lametti, who is also the mover of the bill, previously feared.

It is unclear what changed his mind.

Image credit: James Wheeler, Pexels