With regard to royal recommendations provided to the House of Commons in conformity with section 54 of the Constitution Act, 1867: (a) during each of the 42nd and 43rd Parliaments, how many government bills required royal recommendations; (b) of the royal recommendations in (a), how many, broken down by each session of the 42nd and 43rd Parliaments, were provided (i) at the time notice was given of the introduction of the corresponding bill, (ii) following the notice of introduction of the corresponding bill; (c) for each bill in (b)(ii), (i) which bill was it, (ii) what was the date when notice of the bill's introduction was given, (iii) what was the date when the bill was introduced, (iv) what was the date when the notice of the royal recommendation was given, (v) who signed the royal recommendation, (vi) what accounts for the delay between the two dates in response to (c)(ii) and (c)(iv); and (d) is the statement, at page 148 of the Guide to Making Federal Acts and Regulations (second edition), "When a royal recommendation is required for a bill, it is communicated to the House of Commons before the bill is introduced and is included on the Order Paper", still the policy of the government?
Mr. Speaker, the Privy Council Office’s systems do not compile the information requested. Information pertaining to royal recommendations appended to bills, and the timing of notice of introduction of bills and of royal recommendations, can be found in House of Commons publications, including the Status of House Business available online at www.ourcommons.ca/DocumentViewer/en/43-2/house/status-business; and the Notice Paper at www.ourcommons.ca/DocumentViewer/en/house/latest/order-notice.
With respect to when a royal recommendation is required for a bill, Standing Order 79 of the House of Commons provides that a royal recommendation must be produced before the bill receives a final vote at third reading.
Mr. Speaker, with regard to part (a), all parameters of the GBA+ framework were considered in the development of Criminal Code amendments in relation to conversion therapy. Those parameters for which there is available data, and that are more directly relevant to the issue of conversion therapy, were noted in the results of the application of the GBA+ framework: gender, sexual orientation, gender identity and gender expression, age, race and income.
With regard to part (b), Department of Justice officials who are responsible for policy development and drafting relevant cabinet documents on conversion therapy prepare the GBA+ assessment with support from the Department of Justice GBA+ unit. The Minister of Justice is responsible for the final contents of the memorandum to cabinet, which includes the results of the application of the GBA+ analytical tool.
More generally, the deputy minister is responsible for providing overall leadership to support GBA+ in the Department of Justice. The senior assistant deputy minister, policy sector, is responsible for the GBA+ unit, provides leadership in the promotion, implementation and monitoring of GBA+ in the department, and advises senior management of their roles and responsibilities.
With regard to part (c), officials from the LGBTQ2 secretariat and the Department of Justice GBA+ unit were consulted in applying the GBA+ analytical tool.
With regard to part (d), the department’s analysis identified the proportion of the population that identifies as homosexual, bisexual and transgender; the presence of higher rates of diagnosed mental disorders among LGBTQ2 Canadians than non-LGBTQ2 Canadians; and, that LGBTQ2 Canadians are disproportionately impacted by various types of victimization. The department drew from data of the Sex Now Survey and the 2019 TransPulse national study to note the proportion of respondents who reported having been exposed to conversion therapy. The GBA+ analysis also noted the association of conversion therapy with negative psychosocial health outcomes; the susceptibility of youth to conversion therapy’s harms; and that transgender, indigenous and racial minority men and those earning lower incomes were more likely than cisgender, white and higher income men to have experienced conversion therapy. In the case of indigenous respondents, this may be a function of the lasting effects of colonization. In the case of transgender respondents, this may be a result of the double stigma experienced by those who are simultaneously part of sexual orientation and gender minorities.
With regard to part (e), since 2008, it has been mandatory to include GBA+ considerations in memoranda to cabinet. As such, the GBA+ assessment in this case was included in the memorandum to cabinet that presented options for the government’s approach to Criminal Code amendments related to conversion therapy. The memorandum to cabinet is a Secret document subject to the Confidence of the Queen’s Privy Council.
With regard to part (f), the GBA+ assessment is prepared for cabinet deliberations and is protected by cabinet confidence.
With regard to part (g), the information considered in the application of the GBA+ framework pointed to youth’s greater vulnerability to the harms of conversion therapy, supporting Bill C-6’s proposed comprehensive prohibition on causing a person under 18 to undergo conversion therapy, whether in Canada or abroad. The information considered also notes that some adults seek out conversion therapy, sometimes because of a conflict between their deeply held religious beliefs and their sexual orientation, and that in some cases, adults who voluntarily choose conversion therapy suffer harms as a result. This evidence supports Bill C-6’s approach of permitting consenting adults to choose conversion therapy when it is offered free of charge, while still prohibiting profiting from, advertising or promoting conversion therapy, to reduce the presence of public messaging that is discriminatory and harmful towards LGBTQ2 communities.