Conversion Therapy
The offence of conversion therapy is outlined in sections 320.102 to 320.104 of the Criminal Code, which contain three different conversion therapy offences:
Providing Conversion Therapy
1. A person commits the offence of providing conversion therapy when they cause another person to undergo conversion therapy, including by providing them conversion therapy themselves.
Advertising Conversion Therapy
2. A person commits the offence of advertising conversion therapy when they promote or advertise conversion therapy.
Benefiting from Conversion Therapy
3. A person commits the offence of benefiting from conversion therapy when they receive any material benefit from the provision of conversion therapy.
Examples
Providing Conversion Therapy
Person A sends their child to a summer camp, knowing that this camp specializes in providing conversion therapy.
Person B forces others to execute a series of activities and exercises meant to convert their sexual orientation to heterosexual.
Advertising Conversion Therapy
Person C puts up flyers advertising that they provide conversion therapy.
Person D sends direct messages to members of LGBTQ+ Facebook and Instagram groups explaining that person D does conversion therapy and inviting them to sign up for sessions.
Benefiting From Conversion Therapy
Person E does person F’s housecleaning in exchange for person F allowing person E to conduct conversion therapy sessions in person E’s basement.
Person G pays person H to provide security for person G’s conversion therapy sessions.
Offence Specific Defence(s)
No Knowledge
Where the person does not know they are causing another to undergo conversion therapy, that they are advertising or promoting conversion therapy, or that the material benefits they are receiving come from the provision of conversion therapy, they may not have completed the offence of conversion therapy.
Not Conversion Therapy
Where the thing being provided, promoted, advertised, or from which the person is receiving a material benefit is not conversion therapy but some other form of therapy, an individual may not have completed the offence of conversion therapy.
For example, where person A provides gender transition healthcare and gender-affirming therapy to help person B, who wishes to transition from male to female, person A will not have completed the offence of conversion therapy.
More Legal Information
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In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
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Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.
Offences in Canada are listed in the Criminal Code. They include crimes related to people, vehicles and weapons.