Bill C-6: The New Law Explained

Bill C-6, An Act to amend the Criminal Code (conversion therapy), was introduced in the House of Commons on October 1, 2020, by the Minister of Justice and Attorney General of Canada, David Lametti. The bill was passed by the House of Commons on June 22, 2021, and received its first reading in the Senate on the same date. The bill aimed to amend the Criminal Code to prohibit certain activities related to conversion therapy and protect the human dignity and equality of all Canadians, including the LGBTQ2 community. However, it did not become law as it died on the Order Paper when Parliament was dissolved on August 15, 2021.

Prohibits advertising, offering, and profiting from conversion therapy

Bill C-6, also known as An Act to amend the Criminal Code (conversion therapy), was introduced in the House of Commons on October 1, 2020, by the Minister of Justice and Attorney General of Canada, the Honourable David Lametti. The bill was passed by the House of Commons on June 22, 2021, and received its first reading in the Senate on the same date.

Bill C-6 prohibits advertising an offer to provide conversion therapy. The bill defines conversion therapy as any "practice, treatment, or service designed to change a person's sexual orientation to heterosexual or gender identity to cisgender, or to reduce non-heterosexual attraction or sexual behaviour". The bill specifically prohibits advertising or promoting services related to conversion therapy. This includes any material, such as photographic, film, video, audio, or other recordings, that are used to advertise an offer to provide conversion therapy. The bill also authorises courts to order the seizure and forfeiture of such advertisements or their removal from computer systems.

The bill's main objective is to protect the dignity and equality of LGBTQ2+ people by ending conversion therapy, a practice that discriminates against them. Conversion therapy has been denounced by medical and psychological professionals as ineffective and harmful. It perpetuates myths and stereotypes about LGBTQ2+ people, suggesting that their sexual orientation or gender identity can and should be changed. By prohibiting advertising and promotion, the bill aims to reduce the availability of conversion therapy and its discriminatory messaging.

The prohibition on advertising conversion therapy potentially engages the freedom of expression (section 2(b)) guaranteed by the Canadian Charter of Rights and Freedoms. However, the bill aims to balance this freedom with the equality and dignity of LGBTQ2+ individuals. The advertising offence is carefully tailored to criminalise only established or formalised interventions offered to the public, rather than capturing private conversations or personal viewpoints.

Protects LGBTQ2+ individuals' rights and freedoms

Bill C-6, also known as the "Act to amend the Criminal Code (conversion therapy)", was introduced in the House of Commons on October 27, 2020, by the Minister of Justice and Attorney General of Canada, David Lametti. The bill was passed by the House of Commons on June 22, 2021, and received its first reading in the Senate on the same date.

Bill C-6 amends the Criminal Code to prohibit certain activities related to "conversion therapy", which is defined as practices, treatments, or services designed to change an individual's sexual orientation to heterosexual or gender identity to cisgender, or to reduce non-heterosexual sexual attraction or behaviour. The bill includes the following provisions:

• Prohibiting causing an individual to undergo conversion therapy against their will
• Prohibiting causing a child to undergo conversion therapy
• Prohibiting removing a child from Canada to undergo conversion therapy abroad
• Prohibiting receiving financial or material benefits from providing conversion therapy
• Prohibiting advertising an offer to provide conversion therapy
• Authorizing courts to order the seizure and forfeiture of advertisements for conversion therapy

The bill promotes the human dignity and equality of all Canadians, including LGBTQ2+ individuals, by discouraging and denouncing practices and treatments that cause psychological harm and perpetuate myths and stereotypes about the LGBTQ2+ community. It aims to protect the rights and freedoms of LGBTQ2+ individuals by criminalizing certain aspects of conversion therapy provision.

The bill also engages various sections of the Canadian Charter of Rights and Freedoms, including freedom of religion, freedom of expression, mobility rights, life, liberty, and security of the person, search and seizure, and equality. It promotes the aims of equality rights by seeking to create a society where all individuals are recognized as equally deserving of concern, respect, and consideration, regardless of their sexual orientation or gender identity.

By addressing the harmful practices of conversion therapy, Bill C-6 plays a crucial role in protecting the rights and freedoms of LGBTQ2+ individuals in Canada.

Removes citizenship revocation on national security grounds

Bill C-6, which received Royal Assent on June 19, 2017, made amendments to the citizenship revocation provisions. Before the bill was passed, the Canadian government had the power to revoke Canadian citizenship if a dual citizen was convicted of certain offences. This was a result of the 2014 legislation, Bill C-24, which added barriers to citizenship.

Bill C-6 repealed this provision, ensuring that dual citizens living in Canada who are convicted of crimes such as treason, spying, and terrorism will be treated the same as other Canadian citizens who break the law and face the Canadian justice system.

Additionally, the Federal Court is now the decision-maker for citizenship revocation cases, unless the person subject to revocation requests that the Minister of Immigration, Refugees and Citizenship act as the decision-maker. This change applies to all revocation cases, including those related to national security grounds, such as security, human or international rights violations, or organized criminality.

This amendment ensures that individuals facing potential citizenship revocation on national security grounds have their right to due process restored. It removes the government's power to unilaterally revoke citizenship and places the decision-making authority with the Federal Court, providing a fair and impartial process for those facing revocation.

The passing of Bill C-6 reflects the Canadian government's commitment to facilitating citizenship and protecting the rights of its citizens, as promised by then-Liberal Party leader Justin Trudeau during the 2015 federal election campaign.

Reduces age limit for citizenship language proficiency test

The Canadian Senate has adopted a motion to amend Bill C-6, also known as the Citizenship Bill, to increase the requirement of language and knowledge tests for citizenship from age 55 to 60. This amendment, proposed by Senator Diane Griffin, was approved by the Senate on April 6, 2017.

Bill C-6 was introduced with the intention of making citizenship more accessible to people. However, the language amendment is believed to reduce access to citizenship for many. The amendment will result in the denial of citizenship rights to those who face barriers in acquiring a second language, such as new refugees, immigrant women sponsored by their spouse, and individuals with literacy issues, among others.

Before the proposed amendment, the Citizenship Act, amended by Bill C-24 in 2014, required those aged 55 to 64 to demonstrate adequate knowledge of one of the official languages, as well as knowledge of Canada and the responsibilities and privileges of citizenship. Bill C-6 reduces the upper age limit for these requirements from 65 to 55. To clarify that minors are not subject to these knowledge and language testing requirements, Bill C-6 indicates that they only apply to applicants aged 18 to 54.

Bill C-6 also removes the requirement for minors to prove their knowledge of an official language and of Canada. A parent or other authorized person can now make an application on behalf of minors without these requirements.

Reduces the number of days one must be physically present in Canada before applying for citizenship

Bill C-6, which received Royal Assent on June 19, 2017, reduces the number of days one must be physically present in Canada before applying for citizenship. The new law requires applicants to be physically present in Canada for three out of the last five years (1095 days) before applying for citizenship. This is a reduction from the previous requirement of four out of six years, with a minimum of 183 days in each of the four years.

The new law also allows applicants to count each day they were physically present in Canada as a temporary resident or protected person before becoming a permanent resident as half a day toward meeting the physical presence requirement, up to a maximum credit of 365 days within the five years preceding the date of application. This change particularly benefits international students, who are seen as one of the most fertile grounds for new Canadians.

The reduction in the number of days required to be physically present in Canada before applying for citizenship is part of the Liberal government's effort to remove the two tiers of Canadian citizenship created by the previous Conservative government. The Liberal government believes that the previous requirements put up roadblocks that made it unreasonably harder for permanent residents to become Canadian citizens.

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