House of Commons Hansard #130 of the 41st Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was parks.

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Immigration and Refugee Protection RegulationsPrivate Members' Business

October 23rd, 2014 / 6:50 p.m.

NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, first, I would like to thank all the security personnel for their bravery and professionalism in dealing with the disturbing events that took place yesterday in the House of Commons. Thank you, thank you, thank you.

I am pleased to take part in the debate on a subject as important as Motion No. 505. In my speech, I will take the time to shed some light on this sensitive issue, while the government, the majority, is doing everything it can to sow confusion.

I would like to remind hon. members of the words of the illustrious philosopher Albert Camus, which should be a guiding principle when it comes to policy development. He said, “to call things by incorrect names is to add to the world's misery”.

That pretty much sums up the Conservative immigration and refugee protection policy: adding confusion to misery and suspicion to distress.

This text, which confuses forced marriage, arranged marriage and marriage by proxy, is another blatant example.

I would like to remind hon. members of several basic concepts in order to put an end to the serious confusion caused by the majority and, of course, the government. A forced marriage is a horrendous practice that I strongly object to. A forced marriage is a marital union in which one or both of the parties is married against his or her will. This practice goes against the humanist values set out in article 16 of the Universal Declaration of Human Rights, which we stand up for here.

In the case of an arranged marriage, the families agree to plan the marriage and the bride and groom consent. That is also the case for marriage by proxy. Marriage by proxy allows two people who are separated by circumstance, often in a country at war, to voluntarily enter into a marriage.

I am appalled that the Conservatives continually mixed up these three concepts in their remarks.

As the witnesses who appeared before the Standing Committee on Citizenship and Immigration said, forced marriages are only very rarely entered into by proxy.

If the government really intends to take measures to prevent forced marriages in Canada, why is it attacking marriage by proxy? I do not understand it. It once again falls to us to explain that this text will be useless for four main reasons.

First of all, the quantitative scope of this phenomenon is extremely limited. I will quote the director general of immigration:

Forced marriages are something very difficult to quantify. The known incidence of forced marriages in the immigration system is quite small, and the instances tend to be anecdotal.

Second, this text is useless because it establishes a correlation between forced marriage and marriage by proxy that does not exist. Many researchers and workers on the ground told us this.

Ms. Korteweg of the sociology department of the University of Toronto told the committee that the problems of forced marriage cannot be addressed through this motion. Forced marriages are not caused by marriage by proxy.

I would also add that the proposed measures are not based on any facts or statistics. There is nothing to indicate any link between forced marriage and marriage by proxy. This text is bad because it bans something that is already prohibited. Indeed, forced marriages are already prohibited in Canada, and the Immigration and Refugee Protection Regulations already compel Citizenship and Immigration to conduct thorough investigations into spousal sponsorship to verify the sincerity of marriages.

Not only is this text useless, it is actually harmful, which is much more serious. It is harmful in several ways. First of all, the Conservatives are using the victims of forced marriage as a pretext for further limiting spousal sponsorships, despite all the witnesses heard in committee.

This text also creates confusion and confuses facts that have nothing to do with denouncing forced marriage. In doing so, it lays the blame on customs and cultural communities that do not practice forced marriage, for the simple reason that their traditions are different than ours.

This text is problematic because once again it amends the Immigration and Refugee Protection Regulations. I must point out that this government has amended these regulations roughly every three months since 2008.

The best way to deal with forced marriages in Canada is to give CIC officers the necessary resources to conduct investigations. These are lengthy and costly investigations that require patience, time and effort. There is no guarantee that they will protect against every case of fraud, but every case of fraud will go undetected without them. How are these officers supposed to work with the requisite equanimity when the government cuts budgets at every turn and changes the regulations every three months?

We are paying the price for this government's ideological cuts since the backlog in processing sponsorship claims has skyrocketed in the past few years. In some cases people are waiting 33 months. That is unacceptable.

It would be naive to suggest that this government made mistakes in its approach to its immigration policy. It is well aware of the catastrophic results of its constant tinkering, but it does not care. It prefers to engage in its penchant for making policy based on back-page stories and then denounce the misfortunes born of its own mismanagement.

We, the members of the NDP, are responsible people. We are getting ready to form the first social democratic government in Canada, and that is why we have clear, concrete proposals on this issue.

Before I list those proposals, I wish to remind the House that we firmly believe that a marriage must be entered into with the free and full consent of both parties. It is unacceptable that a practice as barbaric as forced marriage could take place in a country like Canada.

That is why the NDP is calling on the government to invest the material and human resources needed to hear spousal sponsorship applications under the right conditions. We are also formulating three proposals to effectively strengthen protection for women in our immigration system.

The government should start by acknowledging that violence against women transcends forced marriage. It is critical to implement a procedure that would inform potential partners of their legal rights before they arrive in Canada—when they go to the Canadian consulate to ask for their immigration documents, for example.

We believe that the concept of conditional permanent residence should be eliminated for sponsored spouses. Regardless of the intention behind this measure, the practice is disastrous.

This motion creates confusion, fuels prejudice and breeds mistrust. Consequently, I will not be supporting it.

Immigration and Refugee Protection RegulationsPrivate Members' Business

7:05 p.m.

NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I am pleased to rise in the House to add my voice to those of my official opposition colleagues on the Standing Committee on the Status of Women, which it is my honour to chair. They spoke eloquently to this motion and the confusion it would create.

I do not understand the motion's sponsor, who is also a member of the Standing Committee on the Status of Women. After all, she is aware of the issues that affect all women in Canada, including the three issues at the top of Status of Women Canada's agenda: violence against women, leadership and women's economic circumstances.

I will quote from the motion, which makes it difficult to discern the government's intent since several factors seem to be mixed together:

That the House call on the government to take action to prevent forced marriages...

As we have already pointed out, like Canada as a whole, we are opposed to forced marriage, which is a form of violence against women. Marriage should be between two consenting adults. I will continue:

...and any kind of non-consensual sponsorship in the immigration system by amending the Immigration and Refugee Protection Regulations so as to:

(a) ban the use of proxy, telephone, and fax marriages as a means to spousal sponsorship;

Careful. First the motion talks about forced marriage and then it talks about proxy marriage. A forced marriage is a form of non-consensual marriage. Sometimes, both individuals are forced to marry against their will. Such unions violate the Universal Declaration of Human Rights, according to which everyone has the right to marry and to found a family without any limitation due to race, among other things. The marriage must be entered into only with the free and full consent of the intending spouses. So much for forced marriage.

Proxy marriage is a culturally and legally acceptable way for a couple to unite. This practice is more common in countries affected by war. These marriages are legal and binding, and they are carried out with the consent of both parties.

A Canadian or a Quebecker like me might be surprised to hear that proxy marriage can happen. However, that does not mean that it is not a marriage between two consenting adults.

Earlier we heard about forced marriage, and we all understood that it was prohibited. Then, the motion goes on to talk about proxy marriage:

(b) disallow explicitly, in section 5, the use of proxy [and] telephone...marriages...

(c) set out administrative measures that communicate clearly to visa officers how to detect a proxy, telephone or fax marriage.

According to this motion, marriage by proxy is the same thing as forced marriage. These two types of marriage are not at all the same. Experts say so.

One thing is clear to me, my colleagues in the official opposition and many of the experts we consulted when preparing our position on this motion: we are not talking about the same thing. If the government really wants to put an end to violence against women—and forced marriage is a form of violence against women—then we need to ensure that those who suffer this type of violence have access to services and resources that will help them get out of a forced marriage if it has already been performed or prevent a forced marriage in the first place. They need to be able to get help to prevent this type of marriage and get out of that situation.

I have the privilege of representing a very diverse riding, the riding of LaSalle—Émard. I must admit that I am always very humbled as I get to know the people in my riding and understand the different people and cultures that I have the honour of representing. People call upon me and my team to resolve immigration issues. I must say that requests for assistance have been piling up since the changes were made to the immigration system. Unfortunately, things are not getting better. They are getting worse.

I recently had to defend a family from Cameroon that includes two Canadian-born children. There were many appeals to the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness. Many petitions were signed by members of the community in support of this Cameroonian family. I think this family faces real dangers, especially for the two daughters. This deportation really affected and upset the people in my riding. They are still talking about it. It affected me tremendously.

We see that this motion before us does not take into account all the problems refugees face in Canada. The doors close in their face. What is more, the motion does not respond at all to the extremely significant problems of violence against women, including women from all communities that are fortunate enough to live in Canada.

Immigration and Refugee Protection RegulationsPrivate Members' Business

7:10 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

The time provided for the consideration of private members' business has now expired and the order is dropped to the bottom of the order of precedence on the order paper.

It being 7:14 p.m., this House stands adjourned until tomorrow at 10 a.m. pursuant to Standing Order 24(1).

(The House adjourned at 7:14 p.m.)