In Canada’s case, the unanimous view of Parliament sends a message to the world that trying to educate someone into a change in their sexual preference just does not work.
By Sheila Copps
First published in The Hill Times on December 6, 2021.
Canada’s conversion therapy ban was a stellar political moment for Parliament.
As members from all sides of the House of Commons came together with hugs and handshakes, it showed how politics can actually provoke real change.
The unanimous consent made the decision even sweeter. It also sends an important message to the world that Canada will not brook homophobia or gay bashing.
In the same week, the Court of Appeal in Botswana, in a unanimous decision, outlawed the criminalization of consensual same-sex activities.
In a stern rebuke to political leaders who still want to criminalize gay sex, the court of appeal judge president said, “Those (criminal code) sections have outlived their usefulness and serve only to incentivize law enforcement agents to become keyhole peepers and intruders into the private space of citizens.”
Prior to the Court of Appeal ruling, same-sex intercourse could result in a seven-year prison term in Botswana.
Government officials have not yet decided on appeal but in its presentation to court, the state claimed that the penal code outlawing gay sex was still the prevailing choice in Botswana.
In Canada’s case, the unanimous view of Parliament sends a message to the world that trying to educate someone into a change in their sexual preference just does not work.
The unanimity of the vote was great news for Conservative leader Erin O’Toole who saw his recent electoral hopes dashed when his party was deemed too right wing to govern.
Unanimity took most observers by surprise since, in the last Parliament, 62 Conservatives had voted against a similar ban, claiming the language was too vague.
This time, Justice Minister David Lametti said he clarified the language, and the motion for unanimous consent was introduced by Conservative Rob Moore.
The Conservative leader’s spokesperson backed the support by saying O’Toole “has long been an ally to the LGBTQ community and will continue to support efforts to ban conversion therapy.”
Unanimous voting from the New Democrats and the Bloc Quebecois was expected but no one thought the Conservatives would band together en masse in favour of the legislation.
Because of unanimity, individual votes were not required. That may prove problematic for the Tories.
Leadership candidate Lesyln Lewis came third in the leadership that chose O’Toole. She ran in support of conversion therapy.
As a new Member of Parliament, Lewis was shunned by O’Toole in shadow cabinet because of her anti-vaccine views.
The leader must believe he can withstand internal forces against conversion therapy.
The vote marginalized social conservatives in the caucus, as O’Toole stood down any internal opposition.
And that puts pressure right back on the Liberal government of prime minister Justin Trudeau.
The Liberals have been very successful in differentiating themselves from the Conservatives in the last several elections.
The Tory leadership went to O’Toole largely on the strength of social conservatism.
Otherwise, Peter MacKay would have been the winner. But MacKay’s reference to the “stinking albatross” of social conservatism weighing the party down effectively cost him the leadership.
His observation was right, but his timing was all wrong as O’Toole was able to enlist the second ballot support of all those social conservatives, he is now trying to dissociate himself from.
Last week’s unanimous vote means that no individuals will have their votes recorded when it comes to the conversion ban status.
But that may not prevent internal Conservative infighting between the leader and the social conservatives in his caucus.
By laying out a strong case to support the conversion therapy ban and supporting it with real numbers in the House of Commons, O’Toole is definitely moving away from the stigma which has hurt his party in the last couple of elections.
But politics is a long game, and it may not be so simple for the Conservative leader when private members’ bills on issues like abortion come up for debate in the House.
With the anti-abortion movement gaining steam in the United States, their Canadian counterparts will be emboldened. And the only party that carries their brief, albeit briefly, is the Conservative Party.
Members who have been absent from last week’s conversion therapy voice vote will not stand down when it comes to restrictions on abortion.
O’Toole has managed to move his party closer to the centre with last week’s unanimous vote. But whether he can keep the rest of his caucus there is the larger question.
If he can, that spells trouble for Liberals. The one thing standing between O’Toole and government is the moderate middle.
Sheila Copps is a former Jean Chrétien-era cabinet minister and a former deputy prime minister. Follow her on Twitter at @Sheila_Copps.
