Bill C-32 (Historical)

Civil Marriage of Non-residents Act

An Act to amend the Civil Marriage Act

This enactment amends the Civil Marriage Act in order to provide that all marriages performed in Canada between non-residents, whether they are of the same sex or of the opposite sex, that would be valid in Canada if the spouses were domiciled in Canada are valid for the purposes of Canadian law even if one or both of the non-residents do not, at the time of the marriage, have the capacity to enter into it under the law of their respective state of domicile. It also establishes a new divorce process that allows a Canadian court to grant a divorce to non-resident spouses who reside in a state where a divorce cannot be granted to them because that state does not recognize the validity of their marriage.

Business of the House

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, my only addition to this is a series of thanks. I join my friend across the way, the government House leader, in thanking the staff for the incredible work they do to support our work here as members of Parliament. This has been an extremely long last session, with long hours, and to my friends across the way and to our side, sometimes hours filled with somewhat acrimonious debate.

I would like to particularly point out and give thanks to the government side, my friends in the Liberal Party and the independents for their acceptance of this motion. The moves toward accountability and transparency contained in my friend's motion today are precedent-setting and important for the House, as are the modifications to Bill C-32, modifications that we looked for. I thank my friend from Esquimalt—Juan de Fuca as well as the great work of all the folks on the citizenship and immigration committee, who I know pulled many long and arduous hours together.

Mostly, as I believe these are the final moments of this session, I rise to wish all hon. colleagues on all sides of the House a very enjoyable time with their families and friends. It has been a long session, a difficult session and sometimes even a productive session.

To you, Mr. Speaker, I wish you an enjoyable time with your family back in the Prairies, and all the best to you and yours.

Extension of Sitting Hours

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, on the question of Bill C-32, as I said, we are willing to go even further. We have said in the House in public many times that we are prepared to pass that bill if it is supported by the opposition at all three stages by unanimous consent. It could happen by unanimous consent in the House. Apparently, that is not good enough for the opposition members. As a result, that bill has not yet been passed because they simply have not accepted that offer.

In terms of our overall legislative agenda, there is, as I indicated, a lot of work that needs to be done in the House that we are very pleased to do. One thing we have tried to do in the House is change the approach where time allocation is brought in as a form of shutting down debate, which used to be done in the past, to using it as a fashion to ensure a productive, hard-working approach. For example, on the second-last budget implementation bill, we provided for the longest debate ever in Canadian history on any budget implementation bill in that time allocation motion. This was to allow for full debate but also to allow for certainty that the measures would come into place.

That has been our approach throughout: to give the members the fullest opportunity to participate, to allow a full opportunity for debate, but also to do it in a businesslike fashion where people know that we are going to debate it for a period of time, for a number of days, five, six, seven, whatever the case may be, on a particular bill, and then allow a matter to be voted on. That is why time allocation, of course, has been moved usually at the start of our debates and not toward the end, not after days and days, but, rather, in order to have certainty of scheduling. This is has been the approach of our government, one that is aimed at working hard and delivering results, being productive, hard-working, orderly, and doing the job that Canadians sent us to do by giving people a chance in the House to actually vote on measures before the House.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I thank my friend in particular for the final offer he made. I hesitate to negotiate in public what we often try to spend our time at House leaders' meetings doing, as brief as that time sometimes is.

Opposition members have consistently gone to the government with bills that we were interested in supporting, even in an effort to, as my friend says, work hard for Canadians, limit the amount of debate. A bill I mentioned earlier talks about the allowance of civil marriages, so-called gay marriages, a law that was passed by Parliament and opposed by the member's party, allowing for the closure of a loophole in the law to permit those who are married to also seek divorce, which seems a reasonable thing to do.

All we have asked for, in the expediency of the passage of Bill C-32, is one vote, which takes about seven minutes, on average, in this place. We allowed the government to introduce a motion, if it saw fit, to allow one speaker per party. Doing the quick math on that, that would be about an hour and a half. We could see a bill that has been sitting for about 18 months, give or take, to pass completely in this place in an hour and a half, two hours at the outside if we did something slowly. The government has refused it every single time.

The government then claims it has great urgency in the world and that there are other bills to pass that opposition parties have offered to the government. We just passed a technical amendments bill recently and there is an instruments bill that we are looking to pass as well. There has been progress, but what we have seen time and again is an attitude in breaking the historical—and he cannot answer this one, by the way, Mr. Speaker. A majority government, within two years, used time allocation to shut down debate, something Conservatives used to rile against when Liberals did it. The Conservatives have used that same tactic more than any other government in any four or five-year mandate in Canadian history. The Conservatives did it in two and are now turning the bully into the victim and saying that they are somehow victimized by the will of the minority.

Human Rights

[Rob Nicholson, Conservative, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I am going to give the NDP another opportunity.

I will tell it in this House what I have already told it. We introduced Bill C-32, the bill that was introduced originally by the Liberals in this area. We are correcting the mistakes that were made in that, mistakes that were supported by the NDP at the time.

I said this to the NDP, and I will say it publicly. If it is sincere about moving forward on this, let us get this bill passed at all stages. Why does the member not do that? Why does he not stand up and support that? Let us do it.

Business of the House

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I rise here today to ask the hon. Leader of the Government in the House of Commons what his government plans to debate for the rest of the week and when we return after the constituency week.

Although we continue to debate a variety of bills that the government has included on the calendar and we continue to debate opposition motions, it is not always easy to really understand what the government is planning—unless of course it does not have a clear plan.

One thing that is clear from dealing with the government is that it does not seem to be much about action but all about talk.

I remember their introduction, with great fanfare, of Bill C-12, An Act to amend the Personal Information Protection and Electronic Documents Act, which would be quite useful to those who have potentially had their identity exposed to theft. It was introduced September 29, 2011, 493 days ago and has yet to be debated.

Then there is the infamous Bill C-7, Senate Reform Act, which the government claims to all who will listen that it cannot get it through Parliament. It has been 358 days since we have had an opportunity to debate that.

Who cannot forget Bill C-32, Civil Marriage of Non-residents Act, which the government refuses to bring forward for debate and a free and fair democratic vote in the House.

I wonder if all of these are going the way of the infamous Bill C-30, the Internet snooping bill, which the Minister of Public Safety so infamously torpedoed with his comments. It was left to die on the order paper.

Can the Leader of the Government in the House of Commons tell me what his plans are for the remainder of this week as well as the next? Does the government have anything representing an agenda whatsoever?

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, let me wish you and all hon. members a happy new year.

I believe that 2013 will be a very productive year in the House of Commons.

The House has been a productive place in the last 200 sitting days. Between the election and today, Parliament has seen three-quarters of the government's legislation pass through at least one of the two chambers, and in fact a majority of the bills we have introduced have made it all the way to entering the statute books. I do look forward to seeing the government add to this record of accomplishment.

On the question of Bill C-32, I will again offer to my friend that we could pass that bill right now, at all stages, if the NDP is agreeable. I believe that would be a reasonable course of action.

Today, of course, we are debating an opposition day motion for the New Democratic Party. Tomorrow and Monday will see us start to consider second reading of Bill C-52, the fair rail freight service act. If we have time, we will go back to the second reading debate on Bill C-48, the technical tax amendments act, 2012. Wednesday will see us finish third reading of Bill C-43, the faster removal of foreign criminals act. Tuesday and Thursday shall be the second and third allotted days. I understand that both of those days will go to the official opposition. Then, if we have not previously finished Bill C-52 and Bill C-48, we will return to them next Friday.

Finally, there have been consultations among the parties respecting a take note debate on the situation in Mali. I am pleased to move:

That a take-note debate on the subject of the conflict in Mali take place, pursuant to Standing Order 53.1, on Tuesday, February 5, 2013.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, it is an honour for me to rise on behalf of the official opposition to ask the government about its plans for the House for the rest of this week and next week.

During this first week, it has become clear that the government's legislative agenda is neither clear nor ambitious. That may be a good thing considering the irresponsible legislative agendas the Prime Minister's office usually has to offer us. The only part of the agenda we saw yesterday was yet another government time allocation motion, the 28th such motion since the beginning of this session. This is yet another attempt to undermine our democratic process.

I would like to ask my hon. friend across the way if his government intends, for the remainder of this week and the beginning of next, to call Bill C-32, an act to amend the civil marriage act? This was a bill that was introduced on February 17, 2012, and an act that we have committed to see expeditiously through this House for debate and standing vote.

Or, will the government finally call Bill C-30, that much unloved Internet snooping bill that seems to be continually sitting in Conservative legislative purgatory, never to see the light of day?

I am also curious if the minister has an update for this House and for Canadians about the current situation in Mali and this Parliament's opportunity to debate Canada's role in Mali.

Canada Labour Code

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, I listened with interest to the proposal of the New Democratic Party House leader for his first time allocation motion. I welcome him to the club, having proposed the allocation of time for debate on an item in the House.

We actually have a better idea to speed this up, and the other parties are aware of this. I propose the following motion, which would ensure that the bill gets to the Senate today: That notwithstanding any Standing Order or usual practices of the House, Bill C-32, an act to amend the Civil Marriage Act, shall be deemed to have been read a second time and referred to committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third and passed.

By adopting this motion, the bill would proceed to the Senate today.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I will be seeking unanimous consent in a moment for a motion that we believe would accomplish a reasonable compromise on a bill that has been sitting, without being called by the government, since February 17 of this year, more than nine months. It is Bill C-32, an act to amend the Civil Marriage Act. The government has chosen not to call the legislation for all this time. We need to balance the expediency of having this legislation finally passed through the House, not only for a royal recommendation but also to ensure that the bill has appropriate time to be studied.

I seek unanimous consent for the motion, which reads as follows: That notwithstanding any Standing Order or usual practice of the House, Bill C-32, an act to amend the Civil Marriage Act, be disposed of at all stages as follows: not more than one sitting day shall be allotted for the consideration at second reading; if the bill is not reported back on the fifth sitting day after the bill is disposed of at second reading, during routine proceedings, it shall be deemed to have been reported from the committee without amendment; upon being reported from the committee, the bill shall be deemed concurred in at report stage and deemed read a third time and passed.

Business of the House

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, last week on the Thursday question we asked the Leader of the Government in the House of Commons to respond to a sincere offer by the opposition to make Parliament work for Canadians by listing a number of bills on which the opposition was willing to work with the government. In response to that question, the government House leader spent a great deal of his time fabricating New Democratic Party policy rather than doing the job of House leaders, which is to formulate a strategy to make this place function for Canadians.

If the government spent at least 50% of its energy working with the opposition on such bills, it might acknowledge the progress on such bills as Bill C-42, Bill C-21, Bill C-44, Bill C-37, and Bill C-32. They are proof of the opposition's willingness to make this place function for Canadians. They also disprove the myth that the government had to use closure out of necessity rather than its own ideology and perspective of how a democracy ought to run.

The clear question in front of the government is twofold. When will we see the opposition days in the coming calendar for the official opposition? Also, a question which is on the minds of many Canadians with respect to a second budget implementation bill is, will we see a repeat of the one we saw in the spring? Many people called it a Trojan horse bill because it contained many measures that had absolutely nothing to do with the budget.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, first, let me formally welcome back all hon. members to the House of Commons from their productive summers in their ridings, which I trust they had, working with and listening to constituents.

On the government side of the House, we heard loud and clear that the priority of Canadians remains the economy. It is our priority too. Not one person raised with me a desire to see a $21 billion carbon tax implemented to raise the price of gas, groceries and winter heat. I do not expect the member will see that in our agenda.

I also want to extend a warm welcome, on behalf of Conservatives, to this year's class of pages. I am certain that their time with us, here in our hard-working, productive and, I hope, orderly House of Commons, will lead to lifelong memories.

Yesterday, we were able to pass Bill C-42, Enhancing Royal Canadian Mounted Police Accountability Act, at second reading. I want to thank hon. members for their co-operation on that.

I am optimistic that we will see similar co-operation to allow us to finish second reading debate tomorrow on Bill C-37, Increasing Offenders' Accountability for Victims Act, which the hon. Leader of the Opposition talked about.

This afternoon, of course, is the conclusion of the New Democrats' opposition day. As announced earlier this week, Tuesday will be a Liberal opposition day.

On Monday, the House will start debate on Bill C-43, the faster removal of foreign criminals act. This legislation would put a stop to foreign criminals relying on endless appeals in order to delay their removal from Canada and it sends a strong signal to foreign criminals that Canada is not a safe haven. I hope we will have support from the opposition parties for rapid passage of the bill designed to make our communities safer.

Starting on Wednesday, the House will debate Bill C-44, the helping families in need act. Once the opposition caucuses have met to discuss this important bill, I am confident they would want to support the early passage of this legislation as well. It would enhance the income support provided to families whose children have been victims of crime or are critically ill.

If we have additional time tomorrow or next week, the House will consider Bill C-15, the strengthening military justice in the Defence of Canada Act; Bill S-2, the family homes on reserves and matrimonial interests or rights act; and Bill S-8, the safe drinking water for first nations act.

We are interested in Bill C-21, which deals with accountability for political loans and making that consistent with the other political contribution provisions. If we have a consensus among parties to bring that forward, we will certainly do that.

Similarly, if we can see a consensus among parties on passing Bill C-32 as it has been presented to the House, we would be pleased to do that on unanimous consent.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I welcome my hon. colleague across the way back to this session. It is as boisterous as when we left it.

In an effort to provide some hope for Canadians that Parliament can work together, my Thursday question this week cites legislation that the NDP, the official opposition, would be keen to work with the government in getting these bills to committee stage. I will name them specifically and see if my hon. colleague can make some mention of them: Bill C-21, political loans; Bill C-30, the lawful access, which has only five more hours of debate until it goes to committee before second reading; Bill C-32, the civil marriage act; and Bill C-37, the victims surcharge act.

The opposition is interested in working with the government to see all of those go through to committee stage and seeks to start this parliamentary session in a hopefully more productive tone than the one that we ended with last session.

Report Stage

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Madam Speaker, as I said in my previous speech—and it bears repeating—shutting down debate is becoming a tradition. This is the 21st time this year. I do not know what more to say, but I thought it was worth pointing out.

First of all, this bill is exactly the same as Bill C-32 from the previous Parliament. Artists were very critical of it. Now that the Conservatives have a majority, they are bringing it back. This is another perfect example of them shutting down debate. This bill creates powerful new anti-circumvention rights for content owners, who are not necessarily the creators or developers of the content. This prevents access to copyrighted works. These new provisions are backed by fines in excess of $1 million and up to five years in prison.

Civil Marriage of Non-residents Act

[John Baird, Conservative, Ottawa West—Nepean, ON]

moved for leave to introduce Bill C-32, An Act to amend the Civil Marriage Act.

(Motions deemed adopted, bill read the first time and printed)