{"id":5906,"date":"2021-12-16T16:31:38","date_gmt":"2021-12-16T16:31:38","guid":{"rendered":"https:\/\/rdo-olr.org\/?p=5906"},"modified":"2025-03-11T22:12:28","modified_gmt":"2025-03-11T22:12:28","slug":"federal-efforts-to-ban-conversion-therapy-practices-call-for-local-government-action-how-can-ontario-municipalities-be-part-of-the-solution","status":"publish","type":"post","link":"https:\/\/rdo-olr.org\/fr\/federal-efforts-to-ban-conversion-therapy-practices-call-for-local-government-action-how-can-ontario-municipalities-be-part-of-the-solution\/","title":{"rendered":"Federal efforts to ban \u201cconversion therapy\u201d practices call for local government action. How can Ontario municipalities be part of the solution?"},"content":{"rendered":"\r\n

‘By: Douglas W. Judson, Kristopher Wells, Nicholas Schiavo, and Alicia Cooke’<\/em> [1]<\/a><\/p>\r\n\r\n\r\n\r\n

*This is a 2021 Fall Semester Special Edition Blog Post*<\/h2>\r\n\r\n\r\n\r\n

New federal legislation to criminalize so-called \u201cconversion therapy\u201d holds promise as the most comprehensive Canadian legislative effort to date to ban these harmful practices. It is long overdue. Bill C-4 is the third incarnation of the Liberals\u2019 longstanding promise. The Government\u2019s announcement highlights the essential and strategic role of other levels of government in the effort to bring an end to conversion practices.[2]<\/a><\/p>\r\n\r\n\r\n\r\n

It was encouraging to see Bill C-4 receive unprecedented unanimous support in both the House of Commons and the Senate. With Bill C-4 receiving Royal Assent, Canada has become one of only a handful of countries with national legislation criminalizing conversion therapy practices for all ages. Canada\u2019s leadership will hopefully inspire other nations to protect their LGBTQ2S+ citizens from these harms and abuses.<\/p>\r\n\r\n\r\n\r\n

In Canada, a handful of provincial and territorial governments, and an increasing number of western cities,[3]<\/a> have become leaders and first-movers within their respective spheres of jurisdiction to prohibit conversion practices. But municipalities in Ontario (often at the front lines of Pride flag raisings, rainbow crosswalks, and other LGBTQ2S+ inclusion efforts) have been notable by their absence \u2013 at least so far. While some council members and city administrators may view municipal action as a merely symbolic, or \u2018stop-gap,\u2019 effort until federal and provincial\/territorial legislation is enacted, there remains a meaningful place for municipal regulation in the ongoing fight against conversion practices.<\/p>\r\n\r\n\r\n\r\n

In this article, we briefly review the current landscape of conversion \u201ctherapy\u201d prohibition legislation and argue that not only is there an important and meaningful opportunity for municipal action in Ontario, but it is explicitly defined and supported by the province\u2019s municipal legislation and the prevailing jurisprudence.<\/p>\r\n\r\n\r\n\r\n

What are conversion practices?<\/em><\/strong><\/p>\r\n\r\n\r\n\r\n

Rather than using terms such as \u201cconversion therapy<\/em>,\u201d which should not be confused with any form of recognized or legitimate therapy at all, the preferred language includes \u201cconversion practices<\/em>,\u201d which better captures the breadth and range of sexual orientation, gender identity, and gender expression change efforts. All conversion efforts are rooted within an anti-LGBTQ2S+ ideology, which believes that a person\u2019s non-heterosexual sexual orientation or non-cisgender identity is immoral, sinful, pathological, or disordered.<\/p>\r\n\r\n\r\n\r\n

Conversion practices are widely known to be dangerous, fraudulent, and unscientific. They include any practice, treatment, or service intended to change, suppress, or deny an individual\u2019s sexual orientation, gender identity, or gender expression.[4]<\/a> Importantly, bans on conversion practices do not include the non-judgmental exploration of identity or established social, legal, or medical gender transition supports and services (such as gender affirmative counselling, treatment, and surgery).<\/p>\r\n\r\n\r\n\r\n

There is broad consensus in the scientific community that conversion practices are akin to torture,[5]<\/a> with tragic consequences for some and lifelong repercussions for survivors.[6]<\/a> Conversion practices disproportionately target vulnerable members of the community \u2013 especially children, youth, and young adults, who are told that they must deny who they are to be worthy of love and belonging.[7]<\/a> A 2019-20 Canadian study concluded that 10% of sexual minority men had been subjected to conversion practices.[8]<\/a> This is most likely an underrepresentation of the true impact of conversion practices as it does not account for women, trans, or Two Spirit individuals or those who do not identify as part of the LGBTQ2S+ community.<\/p>\r\n\r\n\r\n\r\n

What actions have provinces and territories taken?<\/em><\/strong><\/p>\r\n\r\n\r\n\r\n

While a federal ban will soon be enacted under Parliament\u2019s criminal law power,[9]<\/a> a provincial regulatory patchwork is also taking shape across the country.<\/p>\r\n\r\n\r\n\r\n

In most cases, early provincial efforts focused on prohibiting conversion practices among regulated health professionals and only extended protections from conversion practices to minors.[10]<\/a> We see this reflected in the 2015 amendments to Ontario\u2019s Registered Health Professions Act, 1991<\/em>. At section 29.1, it reads:<\/p>\r\n\r\n\r\n\r\n

No person shall, in the course of providing health care services, provide any treatment that seeks to change the sexual orientation or gender identity of a person under 18 years of age.[11]<\/a><\/p>\r\n\r\n\r\n\r\n

Provincial and territorial law and policy includes some complements and variations to this approach:<\/p>\r\n\r\n\r\n\r\n