House of Commons Hansard #129 of the 37th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was budget.

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The BudgetAdjournment Proceedings

7:25 p.m.

Vancouver Quadra B.C.

Liberal

Stephen Owen LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I thank the hon. member for Burnaby--Douglas for raising again this immensely important point, I would hope for all Canadians.

The hate propaganda provisions of the criminal code were introduced prior to the Canadian Charter of Rights and Freedoms. When the charter was introduced in 1982, almost immediately there were challenges to it.

The Keegstra case made its way to the Supreme Court of Canada on the basis of an infringement of section 2(b), the freedom of expression provisions of the Canadian Charter of Rights and Freedoms. The Supreme Court of Canada in a split decision of four to three found that although it did infringe the freedom of expression provisions under section 2(b), but that it was properly within the limits in a free and democratic society as a matter prescribed by law.

There are some difficult defences that can be raised against these offences. One must be very careful when one knows that laws might be challenged under the charter that they be expanded with great care.

The member for Burnaby--Douglas has raised this issue on a number of occasions. I heard him raise it again on November 21 with respect to the very recent tragic events in Vancouver which he mentioned again this evening.

The minister, as the member said, agreed to raise this with her territorial and provincial counterparts in the justice ministries on November 28 and as he said, she did raise it. The minister was able to achieve consensus in that group as reported, that the identifiable groups which the hate propaganda provisions, and there are three offences under those sections, apply to should be extended to include the factor of sexual orientation.

I think not a moment too soon, but given the years and some disagreement in the country about these issues and public ideas about this policy, I am very pleased to be able to say tonight that the minister will be putting forward amendments to the Criminal Code of Canada to add sexual orientation to the definition of an identifiable group under the hate crime provisions.

I thank the hon. member for his persistent and very principled tracking of this issue and his persuasive arguments.

The BudgetAdjournment Proceedings

7:25 p.m.

NDP

Svend Robinson NDP Burnaby—Douglas, BC

Mr. Speaker, I want to thank the parliamentary secretary both for his undertaking and his commitment that the legislation will be brought forward and also for his personal commitment to equality in this issue with which I am very familiar and which I very much respect.

The obvious question I have for the member is when. How much longer will we have to wait? I remind my hon. friend that in fact the same commitment was made in the House in December 1999. The minister herself said then that we would be moving ahead within months.

I have tabled a private member's bill that would explicitly amend the code to include sexual orientation. Is the parliamentary secretary prepared to consult with the minister as to the possibility that we may be able to move ahead with my bill, assuming that it meets the objectives that we agreed to in the House at the earliest possible occasion in the new year?

The BudgetAdjournment Proceedings

7:30 p.m.

Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Mr. Speaker, I am not in a position of course to commit to exactly when or to the support of the exact wording of the hon. member's bill. I have not seen it.

I can reiterate the commitment of the Minister of Justice to her colleagues from the provinces and territories and through me to the House tonight that these will be put forward in an expedited way.

We are adjourning this week for the winter break, but soon after our resumption in the new year these matters will be put forward. I will undertake personally to discuss with the hon. member for Burnaby--Douglas when we return the exact timing of this so that we can make sure that he is consulted on both the timing and the wording.

The BudgetAdjournment Proceedings

7:30 p.m.

The Acting Speaker (Mr. Bélair)

The motion to adjourn the House is now deemed to have been adopted.

Accordingly, this House stands adjourned until tomorrow at 2 p.m., pursuant to Standing Order 24(1).

(The House adjourned at 7.31 p.m.)