Bill C-38 (Historical)

Civil Marriage Act

An Act respecting certain aspects of legal capacity for marriage for civil purposes

This enactment extends the legal capacity for marriage for civil purposes to same-sex couples in order to reflect values of tolerance, respect and equality, consistent with the Canadian Charter of Rights and Freedoms. It also makes consequential amendments to other Acts to ensure equal access for same-sex couples to the civil effects of marriage and divorce.

Extension of Sitting Period

[Pat O'Brien, Independent, London—Fanshawe, ON]

Mr. Speaker, I have listened to the government House leader tell us that there has been a very full and democratic debate on Bill C-38 but clearly the game here is to try to fast-track Bill C-38.

Does my colleague consider giving less than 24 hours' notice to witnesses to appear at a committee to be democratic and fair? I speak as a three time chair of the committee on national defence and veterans affairs. Does he consider having four witnesses at a time, meeting after meeting, to be sitting at a committee, which is unusual, to be a normal, democratic practice in this House?

Does he consider the imposition of an artificial June 14 deadline to report to this House normal and fair? I want him to answer that because if he does the Canadian people do not.

[Peter Stoffer, NDP, Sackville—Eastern Shore, NS]

Mr. Speaker, the level of debate and discussion that is going on here amazes me. The other day I was talking with my daughter who was looking after a young girl of about five or six years old. All she could say to the Conservatives was “na, na, na, na, na, na”.

It is almost as if they have not realized that they have not lost the election yet. I hear them stand up and say that the majority of Canadians are against Bill C-38 and yet poll after poll shows different statistics all the time.

If the Conservatives believe they are right, when the vote on Bill C-38 comes up they can vote against it, if that is their choosing, and then, when an election is called, they can run on that platform. If they oppose Bill C-38 and if it passes through this House, they can tell Canadians that they would use the notwithstanding clause to eliminate a minority right. They have every right to say that to the Canadian people. The Conservatives do not have the courage to say that they would use the notwithstanding clause against Bill C-38.

Those are the same bunch of Conservatives whose leader says that it is okay to make a bribe but that it is not okay do accept one. No wonder they are dropping in the polls like a lead sinker.

Could the hon. House leader tell me what the Conservatives are afraid of?

[Tony Valeri, Liberal, Hamilton East—Stoney Creek, ON]

Mr. Speaker, I do not think anyone in the country believes the Conservatives were doing anything but filibustering both on Bill C-48 and Bill C-38 in order to avoid getting to the question. It is certainly well within their rights to use every procedural tactic available to them in the Standing Orders to prevent something from happening.

However, ultimately I think Canadians look to a resolution to a question. While Canadians look for debate, and while the hon. members may argue that there has not been enough debate, I would submit that there has been debate in the House on Bill C-38 and Bill C-48.

What I am putting in front of the House this morning is an opportunity for Parliament to decide whether Parliament itself should have extended sittings. If that happens, I am saying that we would deal with Bill C-48 and Bill C-38 and ultimately Parliament will decide the outcome of those bills.

The members opposite may disagree with what I am looking to do but ultimately Parliament will decide whether what I am doing is acceptable to Parliament.

[Brian Fitzpatrick, Conservative, Prince Albert, SK]

Mr. Speaker, it was not very long ago that I came to the House and almost on a daily basis the government was introducing concurrence motions to use up time and filibuster their own agenda, which was very thin soup, to say the least. There really was nothing on the agenda and there was no Bill C-38. The NDP amendment bill was not here and the government was using up time on concurrence motions.

As we approach the summer recess, when MPs should be back in their ridings with their constituents, the government says that it is very important that we extend the sitting so we can deal with issues that it could have dealt with back then but refused to do. Now it is an urgent matter and it wants an extension. I find that to be sucking and blowing at the same time.

Would the House leader explain or justify why the government was wasting so much time on concurrence motions not very long ago and now it needs more time?

[Tony Valeri, Liberal, Hamilton East—Stoney Creek, ON]

Mr. Speaker, the hon. member across the way should acknowledge that there was extensive debate on Bill C-38 in the House at second reading. Hearings have been conducted on Bill C-38. The justice committee held hearings back in 2002-03, although I understand a lot of members would not agree that had anything to do with Bill C-38.

I think the committee heard some 75 witnesses on Bill C-38. The Order Paper contains a number of report stage amendments that should be debated and decided upon. A number of amendments were proposed and debated in committee and some were accepted and passed.

The hon. member has indicated that a number of people in the country are opposed to Bill C-38, which is true, but it is also true that a number of people are for it. However when we have a debate, part of that debate is deciding on a question and I think people in the House have decided how they will vote. The opportunity is now to decide on the question and that is what is being asked.

If the motion passes we will go to extended sittings in order to deal with the budget bill and Bill C-38.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, what is happening in this Parliament is amazing. Bill C-38 is a very important bill but the fact is that the majority of Canadians across the nation have said that they do not want it and the government is trying to jam it through. The Liberals are making sure this happens.

The mandate of all members of Parliament is to listen to the people of Canada. What is happening this morning is abysmal. People in my riding of Kildonan—St. Paul do not want Bill C-38 passed. The members opposite should be listening to all people in Canada, as well as those in their own ridings.

[Rick Casson, Conservative, Lethbridge, AB]

Mr. Speaker, I have a question for the government House leader. It may not have directly to do with the present debate. I have seen the legislative calendar for the next couple of weeks, which he has issued. There is one bill on that legislative calendar, Bill C-38.

My office is getting calls from people whose homes have been damaged by flood waters. I am getting calls from farmers whose crops are under water, from truck drivers who are losing their businesses and from feedlot operators who cannot get by. I have grain farmers who are starving to death and businesses that are closing, yet the only agenda this government has is Bill C-38.

If the government is seriously worried about doing the business of the country, then it should damn well deal with the business that is bothering this country and get to it.

[Tony Valeri, Liberal, Hamilton East—Stoney Creek, ON]

Mr. Speaker, the only thing I can say is that I would hope the Conservative senators along the way would show the same cooperation with respect to Bill C-48 and Bill C-38 as they seem to be showing with respect to Bill C-43.

I am under no illusions. I would expect that once Bill C-48 and Bill C-38 leave this place, with Bill C-43 already in the Senate, the Senate will do everything possible to pass all of the legislation that has gone to the Senate in order to give Canadians what they are hoping for, what this Parliament deserves, and that is additional funding for transit, additional funding for the Atlantic provinces, more money for the environment and more money for post-secondary education.

I can only say this. I hope that while the hon. member is here with catcalls he would take the time to leave this place, pick up the phone and ask his Conservative senators to cooperate on Bill C-48 and Bill C-38 as he has indicated they are prepared to cooperate on Bill C-43.

[Dick Harris, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, Bill C-43 has passed through this House and is in the Senate right now at the finance committee. The Conservative senators want to expedite the bill and get it through so the government can carry on with business. However, the Liberal senators have stalled the clause by clause on it. They are holding up the Bill C-43 royal assent passage, I suspect at the direction of the House leader or the Prime Minister.

I would ask the government House leader why he and his government are using Bill C-43 as a ransom to get Bill C-48 and Bill C-38 through. The Liberal senators have said that they will deal with Bill C-43 next week when Bills C-38 and C-48 have been passed. Why this sneaky, sleazy manoeuvring in the Senate, using their Liberal senators to hold up the 2005-06 Liberal budget just so they can get the others, and holding up the Atlantic accord as well? I would like the hon. government House leader to explain that.

[Tony Valeri, Liberal, Hamilton East—Stoney Creek, ON]

We have seen it on Bill C-38. We can ask the opposition House leader. When we were at second reading debate on Bill C-38, I made it very clear that every member who wanted to speak to Bill C-38 would have an opportunity to do so. I believe they did. It went through committee. We have report stage and third reading. There will be a further opportunity further speak to Bill C-38. What the official opposition looks to do is not to have debate for the sake of debate in terms of an exchange of ideas, but to use debate to ultimately delay a vote in the House.

Parliament has an opportunity today to decide whether we should have extended sittings. If we do have extended sittings it will be because this Parliament voted for it, not because the government has just done it through a majority. It is a minority Parliament and ultimately parliamentarians will decide whether or not we sit next week. That question should be put and ultimately decided on later today.

[Jeff Watson, Conservative, Essex, ON]

Mr. Speaker, it is interesting to highlight the record of this government over 12 years. Over 80 times it has shut down debate in this House. Whether it was a majority or a minority Parliament, it did not matter. The government did not want to hear the voices of Canadians through duly elected opposition members of Parliament.

There are millions of Canadians out there who voted for Conservative members of Parliament like me and who expect us to fight bills like Bill C-38 right to the bitter end, yet the government wants to limit the voice of Canadians through us as duly elected members of Parliament. Why? Why does it want to shut down the voices of Canadians who voted for members of Parliament on this side of the House who oppose their legislation?

[Tony Valeri, Liberal, Hamilton East—Stoney Creek, ON]

Mr. Speaker, on extending this Parliament, we are in fact asking this House to consider a motion to extend the sitting of this Parliament. Ultimately, as I said, it will be up to this House to do exactly that.

With respect to why we are doing that, it would be clear that Bill C-48 is of importance to many different parts of the country. There are premiers and mayors who are involved in budget making who want to know that this legislation will in fact move forward.

If the hon. members across the way want to voice their concern and their opposition to Bill C-48, they have certainly done so and we can hear from the comments that they will continue to do so. It does authorize $4.5 billion in spending this year and next. It does advocate and provide dollars for the homeless, for students, for cities and for the environment. They are perfectly within their right to stand in their place to debate against it, as they have, and to ultimately decide on the question. What we are doing is providing the House with an opportunity to do exactly that.

With respect to Bill C-38, I could go on in terms of the amount of debate that has taken place, but I will not because I think it is very public and I do know that members have decided how they will vote in any one way.

[Deepak Obhrai, Conservative, Calgary East, AB]

Mr. Speaker, we know what is happening over there. Canadians know what is happening over there. The government wants this extension brought in just because it does not want to extend Bill C-38 into the fall. The government knows that will be getting close to elections and the government does not represent the views of the majority of Canadians on Bill C-38.

The government wants to keep that distance from the time it discusses Bill C-38. It wants to ram it through this Parliament as far away from the elections as possible. That is the real reason the government wants Bill C-38 to come here: so that Canadians will forget about it during the summer. Is that not the real reason the government wants to extend this Parliament?

[Tony Valeri, Liberal, Hamilton East—Stoney Creek, ON]

Mr. Speaker, I hope the hon. member takes on the same attitude when we have the outcome of the vote on whether this motion should pass or fail. If we are going to have a test of democracy then in fact what should happen is that our parliamentarians in this House should be able to deal with the question and should be able to vote, and Parliament should ultimately be able to decide.

With respect to whether there has been debate or not, with respect to Bill C-38 there have been 28 hours and 20 minutes of debate. With respect to Bill C-48, I think we have seen over the last number of days that the only the party that has been putting up speakers has been the official opposition.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Mr. Speaker, this is what I would call a travesty of democracy. This has been my first term and we are coming to something so significant as to whether or not there is a basis to extend this Parliament. To limit debate on whether that motion should come to the floor on a basis like that is very fundamental, and to try to stop debate on that issue is remarkable, to say the least.

Mr. Speaker, you could only have a further sitting of this House if it were a matter of public interest. Public interest would demand something fairly significant and it would not be Bill C-38, because certainly the nation does not want that bill to pass. The government, under the pretense of trying to make it of public interest, has linked it to Bill C-48, when it had every opportunity to deal with that in this session. There is nothing in Bill C-48 that requires it to be dealt with at this time or requires this sitting of the House to be extended. There is absolutely nothing.

It is the arrogance of this government to try to ram through this House what the public does not want, what is not in the national interest and which has no public interest to it. I ask why the House leader, under these circumstances, would try to limit debate in a democracy that is free, in a democracy where opinion--