Anyone attempting to change another person's sexuality or gender orientation could face fines of $10,000 or jail time, if city council passes its proposed conversion therapy bylaw later this month.
After becoming the first municipality in Alberta to consider banning conversion therapy in July, members of city council reviewed a stand-alone bylaw “with teeth” during a committee meeting Monday.
“This is no small insignificant bylaw, it’s a bylaw with teeth; it’s a bylaw that has clear consequences, including imprisonment if someone were ... to not stop practicing,” said St. Albert resident and Canada Research Chair for the public understanding of sexual and gender minority youth, Kristopher Wells.
Wells said the challenge with enforcing bylaws always comes down to them being complaint driven. However, St. Albert’s proposed conversion therapy bylaw gives residents an avenue to make complaints and have an investigation conducted.
“I think what it does is it empowers people who maybe have experienced conversion therapy, or notice it happening in their community, to report it so it can be fully investigated,” he said.
Administration told the community living standing committee St. Albert’s proposed bylaw is actually harsher than other municipalities that are proposing similar bans, or which have already passed bylaws, because it specifically prohibits offering or advertising conversion therapy to minors.
It also has a broader definition of “business” than St. Albert’s business licensing bylaw, which city staff said would capture non-profits and religious organizations trying to offer conversion therapy services.
Advocate says clarification needed
Coun. Natalie Joly said she was considering an amendment to the bylaw, to make it even broader.
Under listed prohibitions in the bylaw, no one is allowed to “engage in or operate a conversion therapy business.” Two additional prohibitions disallow performing or offering conversion therapy to minors and advertising the service for minors.
Joly asked deputy city solicitor Marta Caufield to explain the difference between the general prohibition on conversion therapy businesses and not allowing the service to be performed on minors.
“I’m guessing that most businesses don’t put up a sign and say, ‘hey we’re going to un-gay you here,” Joly said.
Caufield said city staff thought of potentially prohibiting the activity outright – not just by banning businesses – but “we don’t really have the authority to do it entirely.”
“Potentially, if we limit it to minors, it’s something that is for the safety and viability of our community, so we have the authority to do that,” she said.
When asked to clarify her statement, Caufield responded via email saying staff have provided council the “broadest scope of prohibiting conversion therapy in the community which can be given under municipal jurisdiction.”
“Any explanation beyond this would be encroaching into confidential legal advice and cannot be provided,” Caufield said.
Wells said in his opinion the bylaw’s wording still needs to be clarified a bit before council approves it, to ensure the intent behind the bylaw is properly understood by members of the public.
“The fact that there is some doubt still, or there is some ambiguity or some concern ... general members of the public need to be able to understand it, for it to be effective,” he said.
Joly did not propose any amendments to the bylaw after discussions.
Initially, St. Albert was not planning to create a stand-alone bylaw to ban conversion therapy. In July, city council directed administration to amend existing business and land use bylaws.
Caufield said a stand-alone bylaw appropriately captures the “public policy significance” and makes changing the bylaw easier if amendments are needed down the line.
