HomeMy WebLinkAboutCOR-2022-210 - No Conversion Practices Policy Investigation Report Back
Corporate Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: June 8, 2022
SUBMITTED BY: Elin Moorlag Silk, Interim Director, Equity, Anti-Racism &
Indigenous Initiatives, 519-741-2200 ext. 7049
PREPARED BY: Elin Moorlag Silk, Interim Director, Equity, Anti-Racism &
Indigenous Initiatives, 519-741-2200 ext. 7049
WARD(S) INVOLVED: All Wards
DATE OF REPORT: May 27, 2022
REPORT NO.: COR-2022-210
SUBJECT: No Conversion Practices Policy Investigation Report Back
RECOMMENDATION:
That Council approve the recommended amendments to the City Facility Usage by
Groups or Events Policy (MUN-FAC-2030); and,
That Council approve the recommended amendments to the Display & Posting
Community Facilities Policy (MUN-FAC-405); and,
That Council approve the recommended amendments to the Municipal Sponsorship
Policy (GOV-COR-2000); and further,
That Council approve the recommended criteria statement to be added to all community
grants provided by the City of Kitchener, including the RISE Fund, Tier 2 Community
Grants, LoveMyHood matching grants, and Facilities grants.
REPORT HIGHLIGHTS:
The purpose of this report is to present, for Council consideration, amendments to policies
to areas within Municipal jurisdiction where provisions outlining the prohibition of Conversion
Practices can be meaningfully added.
There are no financial implications.
Community engagement included working alongside members of No Conversion Canada in
order to draft and move forward on policy amendments and explore ways to continue to
support survivors of conversion therapy and those at risk in our community
This report supports A Caring Community.
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BACKGROUND:
In November 2021,Council, unanimously passed a formally denouncing conversion practices
as practices as dangerous and harmful, perpetuating myths and stereotypes about sexual
orientation and gender identity and expression. Council further directed staff to continue to
monitor legislative developments at the federal and/or provincial orders of government pertaining
to conversion therapy, and in conjunction with any actions taken by them and our regional and
municipal partners locally, bring a report to Council outlining any further legislative and/or policy
actions which may be contemplated by the municipality to further prohibit conversion practices
th
Shortly after this motion was passed at Council, on December 8, 2021, the Canadian Federal
Government passed an Act to amend the Criminal Code. This enactment amends the Criminal
Code to, among other things, create the following offences:
(a) causing another person to undergo conversion therapy;
(b) doing anything for the purpose of removing a child from Canada with the intention that
the child undergo conversion therapy outside Canada;
(c) promoting or advertising conversion therapy; and
(d) receiving a financial or other material benefit from the provision of conversion therapy.
It also amends the Criminal Code to authorize courts to order that advertisements for
conversion therapy be disposed of or deleted.
Although the amendments made to the Criminal Code bring much-needed additional protections
to include prohibitive policies at the municipal level in order to send a clear message of support
for the Federal law, continue to deter groups or individuals from using municipal facilities for the
hosting or promoting of conversion practices, and most importantly, demonstrate to the queer
and trans community that conversion practices have no place in the city of Kitchener.
REPORT:
In accordance with the motion passed in November 2021, staff have been working in
collaboration with members of No Conversion Canada on policy amendments to areas within
Municipal jurisdiction where provisions outlining the prohibition of Conversion Practices can be
meaningfully added. In the case of the City of Kitchener, areas of focus include:
Use of Municipal facilities
Advertising and promoting events within Municipal facilities
Municipal sponsorship
Disbursement of funds through Municipal community grants
Outlined below are the recommended amendments to the accompanying municipal policies. For
each policy, it is recommended that the definition of Conversion Practices be added to the
definition section of the policy along with a statement prohibiting conversion practices in the
appropriate section of the policy. The recommended wording for the amendments were derived
from two sources: 1) a sample municipal policy drafted by members of No Conversion Canada
in order to assist Municipalities with policy amendments, and 2) the Canadian Criminal Code
outlining the prohibition of Conversion Therapy. All amendments below are written in red.
Recommendation #1: MUN-FAC-2030 Facility Usage by Groups or Events Policy
Recommended amendments under the
Conversion Practices: means a practice, treatment, or service designed to
it conforms to the sex assigned
to the person at birth;
(d) repress or reduce non-heterosexual attraction or sexual behaviour;
-cisgender gender identity; or
m to the sex
assigned to the person at birth.
Recommended amendments under the Permitted Uses section of the policy:
Permitted Uses
Facility users may book spaces for any private or public events, with the exception of:
Events for the purpose of hosting, arranging, contributing to, or promoting
Conversion Practices
Recommendation #2: MUN-FAC-405: Display & Posting Community Facilities Policy
Conversion Practices: means a practice, treatment, or service designed to
to the person at birth;
(d) repress or reduce non-heterosexual attraction or sexual behaviour;
-cisgender gender identity; or
assigned to the person at birth.
Recommended amendments under Section 4.1 of the policy:
4.1 Policy Statements
l) Information displayed on bulletin boards or other designated areas, that advertises,
promotes, or contributes to Conversion Practices, is prohibited.
m) Distribution of materials which advertise, promote or contribute to Conversion
Practices on or around the premises of community facilities, is prohibited.
Recommendation #3: Municipal Sponsorship Policy (GOV-COR-2000)
Conversion Practices: means a practice, treatment, or service designed to
ssigned
to the person at birth;
(d) repress or reduce non-heterosexual attraction or sexual behaviour;
-cisgender gender identity; or
assigned to the person at birth.
Recommended amendments under section 4. Policy ContentSponsorship
Criteria
The City will not accept sponsorship from companies whose reputation, products, services or
message could prove detrimental or reflect negative
business is derived from:
The support of or involvement in hosting, arranging, contributing to, or promoting
Conversion Practices
Sponsorship shall not:
Condone, promote or contribute to any form of Conversion Practices
Recommendation #4: In the case of Community grants, it is recommended that the following
statement be added to the criteria sections for all City of Kitchener community grant programs,
including the RISE Fund, Tier 2 Community grants, LoveMyHood matching grants, and Facilities
grants.
No Municipal Support for Providers of Conversion Practices. The City of Kitchener shall
not provide grant funding, financial support, or any other financial or in-kind contribution to any
person, including any individual, body, business, or entity, that hosts, arranges, contributes to,
or promotes Conversion Practices*.
It is further recommended that the definition of Conversion Practices be included alongside the
statement above for clarification.
*Conversion Practices: means a practice, treatment, or service designed to
(c) chan
to the person at birth;
(d) repress or reduce non-heterosexual attraction or sexual behaviour;
-cisgender gender identity; or
gender expression that does not conform to the sex
assigned to the person at birth.
Future Directions
Beyond the amendments put forward in this report, City staff will continue to work with members
of No Conversion Canada to explore ways to support conversion therapy survivors and those at
risk within our own community, such as in-kind use of City facilities and identifying potential
funding opportunities to support the work.
STRATEGIC PLAN ALIGNMENT:
This report supports A Caring Community.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM website with the agenda in advance of the
council / committee meeting.
COLLABORATE Community engagement included working alongside members of No
Conversion Canada in order to draft and move forward on policy amendments and explore ways
to continue to support survivors of conversion therapy and those at risk in our community
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Victoria Raab, General Manager of Corporate Services
ATTACHMENTS: none