Question Period Note: Advancing LGBTQ2 Equality

How is the Government advancing equality for LGBTQ2 Canadians?

• Discrimination on the basis of sexual orientation, gender identity and expression continues to be a reality in Canada, and it must be eliminated.
• I am proud to say that through the unanimous support of this bill by all Parliamentarians, the government has achieved its commitment to ban the practice of conversion therapy, regardless of age.
• The government is working hard to launch the first federal LGBTQ2 Action Plan. The Action Plan will guide work to address key priority areas that support LGBTQ2 communities.
• This work builds on historic investments for LGBTQ2 communities. Budget 2019 invested $20 million to enhance the capacity of LGBTQ2 organizations. Budget 2021 included an additional $15 million for a new LGBTQ2 Projects Fund to support community initiatives that further LGBTQ2 equality.

Federal LGBTQ2 Secretariat
• On October 26, 2021, the Government of Canada issued an Order in Council to transfer the control and supervision of the LGBTQ2 Secretariat from Canadian Heritage to the Department for Women and Gender Equality.
• Budget 2021 included $7.1 million over three years to continue to support the work of the LGBTQ2 Secretariat and enable the continued development of an LGBTQ2 Action Plan.
• The Minister for Women and Gender Equality and Youth’s December 2021 mandate letter includes a commitment to continue the work of the LGBTQ2 Secretariat in promoting LGBTQ2 equality at home and abroad, protecting LGBTQ2 rights and addressing discrimination against LGBTQ2 communities, building on the passage of Bill C-4, which criminalized conversion therapy.

Conversion Therapy
• The government fulfilled its commitment to re-introduce conversion therapy legislation within its first 100 days in office, to eliminate the practice of conversion therapy for everyone, including those over 18 years of age. This legislation received royal assent on December 8, 2021, and officially became law in Canada on January 7, 2022.
• According to a recently released study, up to 20% of Canadian gay, bisexual, transgender and Two-Spirit men have experienced conversion change efforts – of these, approximately 40%, or 47,000 individuals across the country experienced a conversion therapy-related practice, service, or treatment. While many trans and non-binary people have also experienced conversion therapy or change efforts related to their gender identity or expression, limited data is available to quantify the breadth of this reality.

LGBTQ2 Action Plan
• On November 27, 2020, the government launched a consultation process with LGBTQ2 communities to inform the first federal LGBTQ2 Action Plan. A national online survey, in the field from November 27, 2020 to February 28, 2021, received over 25,000 responses.
• Engagement activities also included written submissions from diverse organizations representing and/or serving LGBTQ2 communities, and a series of roundtable discussions with community leaders, organizations and researchers.
• The Action Plan is being developed through an intersectional lens and will identify concrete measures to respond to key priorities of LGBTQ2 communities in Canada, including Two-Spirit and Indigenous LGBTQQIA+ communities, and Black and racialized LGBTQ2 communities.
• The launch of the Action Plan will contribute to the promotion of LGBTQ2 equality, protecting LGBTQ2 rights, and addressing longstanding discrimination against LGBTQ2 communities. The Minister for Women and Gender Equality and Youth’s December 2021 mandate letter includes a commitment to launch the Federal LGBTQ2 Action Plan.

Funding for LGBTQ2 Community Organizations
• Budget 2019 provided $20 million over three years to enhance the capacity of LGBTQ2 organizations. Initial funding was distributed to seven leading organizations through the LGBTQ2 Community Capacity Fund, and was subsequently increased for a total of over $4.9 million:
o Fierté Canada Pride ($650,000)
o Conseil québécois LGBT ($549,963)
o The Enchanté Network ($1,505,000)
o Egale Canada Human Rights Trust ($899,361)
o Rainbow Refugee Society ($582,466)
o 2 Spirits in Motion Foundation ($650,000)
o Canadian Trans Network ($99,984)
• In March 2020, a CFP was launched across the country to distribute the remainder of the LGBTQ2 Community Capacity Fund. In February 2021, the Government of Canada announced funding for 76 LGBTQ2 community-led projects across Canada through the Fund. Of these, 70 were new projects and 6 were amendments for the organizations funded in 2019.
• Budget 2021 announced $15 million over three years, for a new LGBTQ2 Projects Fund to support community-informed initiatives that address key issues facing LGBTQ2 communities.

Ending the blood deferral period for men who have sex with men (MSM)
• Health Canada regulates the blood system and as the regulator, maintains an arm’s length relationship with Canadian Blood Services (CBS), which serves provinces and territories other than Québec, and Héma-Québec (HQ), which serves the Province of Québec. Health Canada has no authority to direct CBS and HQ to make changes to donor policies for reasons other than maintaining safety. Rather, Health Canada must await an application from the CBS and HQ seeking to change regulations. These applications must be supported by evidence obtained through scientific research. The Government of Canada has invested in this research.
• In May 2019, Health Canada approved a request by CBS and HQ to reduce the deferral period for blood donation for MSM from one year to three months.
• In recent months, the CBS has publicly affirmed its intention to remove the current deferral period for MSM, to stop asking men if they’ve had sex with another man and instead transition to a high-risk sexual behaviour-based screening for all donors. CBS made a submission recommending this change to Health Canada in December 2021. According to its public statements, HQ remains open to further reductions once scientific evidence is available. In December 2021, HQ made a submission to Health Canada to allow a man who is sexually active with a single partner of the same sex to donate plasma.

Other actions to Increase LGBTQ2 Equality
• In addition, the Government of Canada has taken the following concrete actions to address existing inequalities:
o In 2018, the Government passed the Expungement of Historically Unjust Convictions Act, which established a procedure for expunging certain historically unjust same-sex sexual convictions (including gross indecency, buggery, anal intercourse, and other offences under the National Defense Act). In 2018, a historic Class Action Settlement was reached following the 2016 nation-wide class action lawsuit launched by survivors of the LGBT Purge.
o In 2017, the Government of Canada amended the Canadian Human Rights Act to include gender identity and gender expression as prohibited grounds for discrimination.
o In 2017, the LGBTQ2 Secretariat was created to support the first Special Advisor role on LGBTQ2 issues.
o In 2017, the Prime Minister delivered a formal apology to survivors of the LGBT Purge and to LGBTQ2 communities in Canada more broadly for their historical unjust treatment.
o In 2016, section 159 (anal intercourse) was repealed from the Criminal Code, removing discriminatory provisions.
o Canada is a global leader in advancing LGBTI rights. This includes its role as co-chair of the Review of Laws and Policies working group in the Equal Rights Coalition. Targeted programming includes advancing LGBTI rights internationally through the Feminist International Assistance Policy (announced February 2019, $30M over five years and $10M ongoing).

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