Bill S-7 (Historical)

Zero Tolerance for Barbaric Cultural Practices Act

An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts

Part 1 amends the Immigration and Refugee Protection Act to specify that a permanent resident or foreign national is inadmissible on grounds of practising polygamy in Canada.
Part 2 amends the Civil Marriage Act to provide for the legal requirements for a free and enlightened consent to marriage and for any previous marriage to be dissolved or declared null before a new marriage is contracted. Those requirements are currently provided for in the Federal Law—Civil Law Harmonization Act, No. 1 only in respect of Quebec and under the common law in the other provinces. It also amends the Civil Marriage Act to provide for the requirement of a minimum age of 16 years for marriage. This requirement is currently provided for in the Federal Law—Civil Law Harmonization Act, No. 1 only in respect of Quebec.
Part 3 amends the Criminal Code to
(a) clarify that it is an offence for an officiant to knowingly solemnize a marriage in contravention of federal law;
(b) provide that it is an offence to celebrate, aid or participate in a marriage rite or ceremony knowing that one of the persons being married is doing so against their will or is under the age of 16 years;
(c) provide that it is an offence to remove a child from Canada with the intention that an act be committed outside Canada that, if it were committed in Canada, would constitute the offence of celebrating, aiding or participating in a marriage rite or ceremony knowing that the child is doing so against their will or is under the age of 16 years;
(d) provide that a judge may order a person to enter into a recognizance with conditions to keep the peace and be of good behaviour for the purpose of preventing the person from committing an offence relating to the marriage of a person against their will or the marriage of a person under the age of 16 years or relating to the removal of a child from Canada with the intention of committing an act that, if it were committed in Canada, would be such an offence; and
(e) provide that the defence of provocation is restricted to circumstances in which the victim engaged in conduct that would constitute an indictable offence under the Criminal Code that is punishable by five years or more in prison.
Finally, the enactment also makes consequential amendments to other Acts.

Zero Tolerance for Barbaric Cultural Practices Act

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I listened carefully to my colleague's speech.

In the case of homelessness or all of these horrific acts that women face and fear much worse, I would like to know whether he found any clauses in Bill S-7 that set out what resources would be allocated to the organizations that work on the front lines and are there when these people are looking for a helping hand or for assistance to get out of a difficult situation.

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, I am very pleased to speak during the debate on Bill S-7, the zero tolerance for barbaric cultural practices act.

To begin, I would like to offer a bit of context. Five years ago, the Government of Canada introduced a new citizenship guide called Discover Canada, which is used by prospective new Canadians to learn about Canadian citizenship and to prepare for their mandatory citizenship test.

Since its introduction, the guide has proven to be popular not only with newcomers to Canada but also with many Canadians interested in learning about the rights and responsibilities that come with being a citizen of our great country.

One of the important points made explicit to all readers of Discover Canada is that men and women are equal under Canadian law. The guide states that:

Canada’s openness and generosity do not extend to barbaric cultural practices that tolerate spousal abuse, “honour killings,” female genital mutilation...or other gender-based violence.

Although the equality of men and women is not only the law but a fundamental Canadian value, unfortunately violence against women and girls continues to affect tens of thousands of Canadians each year. Barbaric cultural practices still exist as a reality for many Canadian women. The effects on victims are devastating and far-reaching, and they impact our children, homes, and communities.

In the most recent Speech from the Throne, the Prime Minister unambiguously committed to taking concrete steps to prevent and eliminate all forms of violence against women and girls in Canada. Bill S-7 is exactly such a step, and its passage will meet the throne speech commitment by helping to ensure that barbaric cultural practices, including underage and forced marriage, do not occur on Canadian soil.

If and when implemented, the measures in this bill would improve protection and support for vulnerable immigrants, especially women and girls, and indeed all Canadians in a number of different ways. They would render permanent and temporary residents inadmissible for practising polygamy in Canada. They would strengthen Canadian marriage laws by establishing a new national minimum age for marriage of 16 years old and by codifying the existing legal requirements for free and enlightened consent for marriage and for ending an existing marriage prior to entering another.

They would criminalize certain conduct related to underage and forced marriage ceremonies, including the act of removing a child from Canada for the purpose of such marriages. They would help protect potential victims of underage or forced marriages by creating a new specific court-ordered peace bond if there are grounds to fear someone would commit an offence in this area. They would ensure that the defence of provocation would not apply in so-called honour killings and many spousal homicides.

All of these proposed amendments are practical and effective measures that would strengthen the protection of vulnerable individuals in Canada and help address the problems stemming from harmful cultural practices.

In my remaining time, I would like to elaborate on some of these measures. I will start with those that address the practice of polygamy.

While it is against the law in Canada to practise polygamy or to enter into a polygamous union and while that ban has been upheld as constitutional, such is not the case everywhere in the world. Indeed, some newcomers to Canada come from countries where polygamy is legal and culturally acceptable.

To complement existing criminal law and prevent polygamy on Canadian soil within the immigration context, Bill S-7 would create a new inadmissibility in the Immigration and Refugee Protection Act for anyone practising polygamy in Canada. This would enhance existing immigration tools to render both temporary and permanent residents inadmissible for practising polygamy in Canada, regardless of whether there is a criminal conviction or misrepresentation.

I will now turn my attention to measures in Bill S-7 that would address the problem of early and forced marriage by amending the Civil Marriage Act.

It may surprise some to know that Canada has no national minimum age for marriage. It is only in federal law, applicable in Quebec, that the minimum age is set at 16 years old. In other parts of Canada common law applies, and as such, the minimum age is 14 for boys and 12 for girls, although historically it went as low as age seven. Bill S-7 would set a national minimum age of 16 years old for marriage, which would make it clear that underage marriage is unacceptable in Canada and will not be tolerated.

Other amendments to the Civil Marriage Act proposed in Bill S-7 would codify the requirement that those getting married give their free and enlightened consent to the marriage and would codify the requirement for the dissolution of any previous marriage.

Bill S-7 would also help prevent forced or underage marriage by amending the Criminal Code to criminalize actions that are deliberately taken for the purpose of helping such marriages occur and would create a new peace bond that would give courts the power to impose specific conditions on an individual when there are reasonable grounds to fear that a forced marriage or a marriage under the age 16 would otherwise occur.

Finally, measures in Bill S-7 would also amend the Criminal Code to address honour killings as well as other spousal homicides so that lawful conduct by a victim can no longer be legally considered as a provocation that reduces the seriousness of the murder. This would not only prevent the defence of provocation from being raised in cases of honour killings but would also bring our criminal law in line with Canadian values, which hold people responsible for their murderous rage even where they were verbally insulted or otherwise had their feelings hurt by some lawful conduct of the victim before the killing.

The opposition to this bill is unfounded. The NDP member for Parkdale—High Park suggested that the government give more resources to front-line agencies. Is the member opposite even aware that since 2006, under this government, settlement funding has been tripled from below $200 million to almost $600 million?

In fact, in the Standing Committee on Citizenship and Immigration, we heard settlement organizations ask us to give them more tools to help with so-called honour-based violence. It is clear that while the NDP refuses to take any action, our government is taking steps to ensure that so-called honour-based violence does not continue on Canadian soil.

The Liberal Party refuses to even admit that these practices are barbaric. The leader of the Liberal Party believes that the title is too harsh. Here is another example of the Liberal Party not standing up for what is right. As usual, it refuses to stand up for victims.

The zero tolerance for barbaric cultural practices act is an important piece of legislation that would send a clear message to individuals coming to this country that harmful and violent traditions are unacceptable in Canada.

I hope all hon. members will support this bill at second reading.

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I am pleased to rise today in the House to speak to Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts. This Conservative government calls this Senate bill the Zero Tolerance for Barbaric Cultural Practices Act.

Before I talk about the substance of the bill, I would like to make a few comments about its title, which, when studied in the Senate, was severely criticized by stakeholders, the people who work on the ground and community groups that help women in precarious situations. We find that the short title of the bill is xenophobic because of the use of the term “barbaric”, and that it reinforces existing prejudice against certain cultural groups by targeting racial minorities for certain practices that are in fact found in Canadian society. We know that violence against women occurs throughout Canadian society and that we must address this serious problem. However, as several witnesses and stakeholders pointed out, targeting minority groups and using language that instils fear and reinforces prejudice against cultural groups does absolutely nothing to improve the situation.

This is a very serious issue. Polygamy, forced marriage and underage marriage are practices that we must tackle. We must find solutions that help women who find themselves in such situations in Canada. Yes, this does exist and does happen here in Canada. However, we are convinced that this bill is not an appropriate response to the serious problem of gender-based violence, which, I repeat, is not a cultural problem. In fact, we have seen that Bill S-7 could further aggravate the problems that exist in Canadian society with respect to forced marriage and could also jeopardize the safety and autonomy of women in forced marriages. The Conservatives are fearmongering by introducing this bill, which does nothing to solve the problems faced by women in forced marriages.

We have studied Bill S-7 and we believe that it could have some serious consequences. For example, victims of polygamy could be criminalized, children could be deported and families could be separated. The Conservative government claims to want to help women, but it is doing nothing to ensure that women have access to the services they truly need. Groups across Canada that work to help these women are vastly underfunded. I have visited a few of them in Montreal, including the South Asian Women's Community Centre. This group is one of dozens of others across the country that help these women and these families. They work very hard with very few resources.

What do these groups want, so that they can help these women and families, who are often living in precarious situations? They are calling for safe, affordable housing to provide more security for these families and these women. They are also calling for resources to provide psychological help to these families and these women, since, as members will understand, the situations these women are in can sometimes be traumatic. It is important to provide this assistance as well. Groups working on the ground are also calling for assistance for the families, which are often traumatized by having to go through the complicated legal and immigration systems.

Organizations on the ground are also asking for help for families that have, in many cases, been traumatized by complicated processes in the justice and immigration systems. This bill offers none of the much-needed resources to help these families and these women.

This bill will also have some deeply damaging consequences. The Conservative government is used to pushing its bills through without consulting the community or the people who work directly with these women.

On that note, I would like to talk about some of the laws the Conservative government has passed that have had unintended consequences for immigrants to Canada.

In March 2012, the Conservatives introduced new measures to crack down on marriage fraud, including a requirement for a sponsored spouse to live with their sponsor for two years or face deportation and possible criminal charges. Again, witnesses who came to Parliament to offer recommendations criticized this bill because of its negative consequences. It leaves women vulnerable to abuse because they are reluctant to report abuse for fear of losing permanent residency.

What is more, the Conservative member for Mississauga South, who is in the House today, moved Motion No. 505 in April 2014. This motion purported to attack forced marriages by banning marriages by proxy, telephone or fax from qualifying for spousal sponsorship.

Perhaps her intention was good since more measures are needed to address the issue of forced marriage. However, this measure does not help vulnerable individuals, immigrants and refugees, who are often the ones who make use of distance marriages. This measure served to limit family reunification rather than forced marriage.

The measures that I just mentioned thus have a number of negative consequences that put victims of forced marriage, primarily women, at an even greater risk.

I would like to speak about what we would have liked to see in this bill in order to provide real support for women who are victims of forced marriage and abuse.

First of all, we would have liked that the bill allow victims of forced or underage marriages to be exempt from the requirements of conditional permanent residence. This was also recommended by the experts who appeared before the committee. It has become apparent that conditional permanent residence is revoked in such cases. This measure was introduced in October 2012 and applies to spouses, common-law or conjugal partners in a relationship of two years or less with their sponsor and who have no children in common with the sponsor at the time of the sponsorship application. These sponsored spouses or partners have a condition attached to their permanent residence status for a period of two years from the day they receive their conditional permanent resident status in Canada. Once again, this is the measure that was presented by my colleague.

We are proposing that the spouses and children of a person who is deported for having lied to the authorities about their marital status be allowed to remain in Canada where they have settled. Our approach is focused on protecting victims.

I think that any bill must take into consideration the realities facing victims and help and encourage them to report the abuse. However, that is not what this bill does.

Instead, this is a punitive bill, and that is why we are opposed to Bill S-7.

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Mr. Speaker, it is my pleasure to participate in the second reading debate of Bill S-7, the zero tolerance for barbaric cultural practices act.

I am sure that everyone in the House agrees that all people in Canada have the right to be free from violence and to reach their full potential. It is a sad reality, however, that there are people in Canada, principally women and girls, who are subjected to forced or early marriage. Prior to or within these marriages, the victims experience various forms of violence, and because of these marriages they are hindered in their ability to fully and successfully participate in our free and democratic society.

I would like to take this opportunity to focus my remarks today on the specific issues of early and forced marriage. An early marriage is a marriage that takes place before one or both individuals involved have reached the minimum legal age of marriage. International studies have shown that a girl married at an early age can face domestic servitude, as well as sexual and domestic violence. Girls are predominately the victims of child marriage, increasing the risk of violence and creating a significant barrier to achieving gender equality, as they are regularly forced to disrupt or abandon their education.

A forced marriage is considered to be a marriage that takes place without the free and enlightened consent of one or both individuals involved. As with early marriages, forced marriages are predominately perpetrated by the victim's own family members. The consequences of a forced marriage are numerous, including repeated sexual violence and possible physical assault and domestic servitude. We have seen tragic cases in Canada and around the world where individuals who have refused to enter into a marriage against their will, or who have left their forced marriage, have been brutally assaulted and even murdered by their family members.

Our government takes the safety and well-being of Canadians, particularly children, very seriously. It is firmly committed to protecting vulnerable Canadians from all types of violence and to holding perpetrators accountable for their acts. The zero tolerance for barbaric cultural practices act proposes important legislative measures to better prevent Canadians from being victimized by early or forced marriage. Changes to the Civil Marriage Act would set a new national minimum age for marriage at 16 years. It would formally entrench in federal law the existing requirements that each party to a marriage enter into it with their free and enlightened consent, and that any previous marriage must be officially dissolved before a new marriage is entered into.

There is currently no national minimum age below which a marriage is legally invalid. Under the Constitution, setting an absolute minimum age for marriage is a matter of federal jurisdiction, yet, apart from federal legislation that sets a minimum age of 16 years for marriages in Quebec, the minimum age elsewhere in Canada is set out in the common law or court decisions. Remarkably, this old common law sets the minimum age at 14 years for boys and 12 for girls. It is time that we modernize and set in legislation an absolute national minimum age of 16 years for marriages in Canada.

Many have questioned why this bill proposes an absolute minimum age of 16 years as opposed to 18 years. The short answer is that there are exceptional circumstances where a mature minor wishes to marry and has already engaged in a significant commitment with their partner, for instance, where they have a child in common. This approach is also consistent with the majority of like-minded countries that also have 16 years as an absolute minimum age for marriage, and 18 as the free age for marriage without any additional requirements for consent. Between the age of 16 years and the age of majority, either 18 or 19, depending on the jurisdiction, the provincial and territorial marriage acts provide additional safeguards to help protect young people from marriages that are not in their best interest.

Bill S-7 proposes an amendment to the Criminal Code so that it would be a criminal offence for anyone to solemnize a marriage, whether they have legal authority to do so or not, who does so knowing that one of the parties being married is under the age of 16 years or is marrying against their will. This is a pretty strong deterrent, and it would send a clear message that solemnizing this marriage is not only illegal under civil law but it is also a crime.

To complement the underage marriage offences, Bill S-7 also amends the provisions in the Criminal Code that set out the minimum age for sexual activity. As members will recall, in 2008 this government increased the minimum age of consent to sexual activities from 14 years to 16 years, with exceptions for those who are close in age and where the parties were married. Because there was no national minimum age of marriage at the time, the exception for married couples was retained.

I am proud to say that Bill S-7 will change that. Once this legislation is in force, it will be illegal to marry a person under the age of 16, which corresponds to the age of consent for sexual activity. There will no longer be a need for an exception where the victim is below the age of 16 and married to the accused.

The bill would also amend the Criminal Code to make clear that anyone who actively participates in a marriage ceremony with full knowledge that one or both of the participants is under the age of 16 or is marrying against their will may be criminally liable. This will not apply to a person who is merely present at the ceremony, even if they know that a party to the marriage does not consent. In order to trigger the criminal offence, the individual must play an active role in ensuring that the ceremony takes place while knowing that it involves a child under the age of 16 or a person who is being forced to marry against their will.

Moreover, there have been cases of Canadian children being taken abroad to be married at an early age and forced into a marriage. This is simply unacceptable. The bill would make it a crime for anyone to remove a child who is ordinarily resident in Canada from the country with the intent that the child be subjected to an underage or forced marriage abroad.

Finally, the bill would introduce a new peace bond in the Criminal Code, which would be available where there are reasonable grounds to fear that an underage or forced marriage will occur. The new peace bond would permit a court to impose conditions precluding the defendant from making arrangements related to the marriage of a potential victim, requiring him or her to surrender travel documents, and preventing him or her from leaving the country with a potential victim.

The Minister of Citizenship and Immigration travelled across Canada, conducting round tables with various cultural communities, and participants told him that early and forced marriage is still a harsh reality in this country. While the opposition refuse to support this legislation, our government is taking a stand and making it clear: forced marriage, honour-based violence, or any other form of harmful cultural practices are unacceptable and will not be tolerated in Canada.

In closing, the bill would provide individuals, communities, and criminal justice system authorities with the tools that are needed to tackle these issues. I encourage all members of the House to support Bill S-7.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I see that my colleague reads the bill exactly the same way I do.

The goal, if we can call it that, is patently clear. This is electioneering based on fear, to shore up support from the Conservative base and, provided people buy this type of speech, to try to broaden that base.

However, I do not see anything in Bill S-7 that deals with prevention and support. We ask our friends across the way the same question every time and the answers are consistent with the bill every time. In other words, the government does not see the problem and does not seem open to amendments that would help improve this bill. Every time, we get rhetoric that is black or white, positive or negative, for or against, when in reality the world we live in is much more nuanced than that and there are many shades of grey that almost never appear in the Conservatives' bills.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I thank my colleague for her question. It gives me an opportunity to talk about some issues I did not have time to address because of the lack of time. We are under time allocation, so I had to keep my speech to 10 minutes.

It goes without saying that I cannot condone honour killing, but the way I am defending our position shows that the Conservatives' Bill S-7, like so many of this government's bills, is an attempt to create a tough-on-crime image.

Still, what else are we saying? We are saying that after the crime is committed, we will react vigorously. What I would also like to see in the bill, and what we have proposed pretty much every time in connection with this new law, are measures to prevent these crimes from being committed and to give the people who are victims of these crimes the financial resources, knowledge and support to become full Canadian citizens, people who are aware of all of the measures available to them, as quickly as possible.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I am not sure whether we count in days or months, but as of May 2, it will be four years that I have been sitting in this House. In four years, I have considered every opportunity to speak as a great privilege. The problem is that today, I have come to consider this not only a matter of privilege, but also a matter of chance since we will soon be approaching the 100th time allocation motion.

This morning, we are having another fundamental debate in the House. We are debating a bill from the Senate instead of from the House of Commons and we are doing so under a time allocation motion. I therefore have just 10 minutes to speak to an issue as important as the one we are addressing this morning.

I am well aware that in taking a minute of introduction to talk about what I call procedural irregularities, I am cutting into my speaking time. However, since I do not have enough time anyway, I think it is important to convey a clear message.

The place for debate is in the House of Commons, and every member of Parliament should have not only the opportunity to speak to issues that are important to them, but also the time to get their point across, which is less and less the case these days.

Let us get to the crux of the matter. Before advancing some well-founded criticisms of Bill S-7, I would like to stress that we are totally opposed to the practices of polygamy, forced marriage and underage marriage. I remain firmly convinced that these practices are completely inconsistent with the common values we share, both in Quebec and in Canada.

The NDP strongly condemns these types of violence endured by women, but refuses to associate these practices with specific cultural groups. By associating these crimes and these types of violence with cultural practices, the short title of Bill S-7, the Zero Tolerance for Barbaric Cultural Practices Act, which I have read for the benefit of everyone following our debate, reminds us of the Conservatives' mediocrity and their ignorance of the realities of cultural communities. By claiming that cultural groups have a monopoly on these types of violence, the Conservatives are engaging in their usual practices of witch hunts, divisiveness and stigmatization.

In addition to playing on racial prejudices, Bill S-7, at best, duplicates provisions in the Criminal Code of Canada and, at worst, has negative effects that exacerbate the exclusion of women and children who are the victims of violence. I will give a few examples of the negative effects of Bill S-7.

This government has a long history of flawed legislation, for example, the measures introduced in March 2012 to supposedly crack down on marriage fraud. Under these measures, sponsored individuals are required to live with their sponsor for two years. If the sponsored person does not meet that requirement, then he or she could face criminal charges and deportation from Canada.

Fear of deportation leads these sponsored individuals to remain silent in the face of domestic violence and other types of discrimination. As a result, sponsored women who are abused become withdrawn, which only serves to further exclude them from society.

In the same vein, Motion No. 505, which was moved by a Conservative member, sought to combat forced marriages by banning distance marriages. Once again, the Conservatives completely missed the mark, since it is mainly refugees who make use of distance marriages. In an attempt to do away with the harmful practice of forced marriage, the Conservatives instead limited family reunification for refugees.

Bill S-7 confirms the Conservatives' reputation as bad legislators.

Bill S-7 deprives women who are conditional permanent residents of provisions that protect them from deportation if their spouse proves to be a polygamist. What is more, the bill imposes criminal sanctions on minors who participate in a forced marriage, which can seriously harm their future since they would have a criminal record for the rest of their lives.

These negative effects show that the Conservatives' repressive approach is quickly reaching its limits and is counterproductive. Rather than dealing with problems at their source, the Conservatives are focusing their efforts on a bill with a sensationalized title that is designed to win votes. Rather than just trying to score points with its voter base, this government should set up a consultation process with stakeholders to truly address the problem of gender-based violence.

Although experts and groups made recommendations as part of the study by the Standing Senate Committee on Human Rights, the minister chose to ignore their advice and warnings about the negative effects of Bill S-7. The minister chose to base the provisions of his bill on social prejudices and the stigmatization of certain cultural groups. In short, the minister is playing politics by deliberately associating harmful practices with cultural groups. The Conservatives deliberately ignored the opinions of experts and community groups, and their superficial approach in the provisions of this bill is bewildering.

For example, the bill would amend the Civil Marriage Act to make free and enlightened consent legal requirements for marriage. However, these provisions are already part of the Quebec Civil Code and common law provisions in the other provinces. The bill does not add a single new measure. It is nothing but smoke and mirrors. This legislative inflation is compounded by the flaws in this bill. Sponsors are often more familiar with the workings of the immigration and legal systems than the immigrant women they sponsor. This bill denies sponsored immigrant women access to a process that would inform them of the basic immigration rules, which means that these individuals are on their own and are at an increased risk of social and economic exclusion. Once again, education, awareness and support services are being set aside in favour of a largely repressive and election-minded approach.

The NDP's approach to the matter is much clearer. As I mentioned, the minister's approach is simplistic and focuses above all on the punitive component. To address the problems this bill deals with, the NDP has developed an approach based on awareness and prevention and on providing services to help newcomers integrate more effectively. First of all, we want to amend the bill to ensure that victims of forced or early marriage are exempt from the requirements of conditional permanent residence. This exemption would protect vulnerable women against violence and abuse at the hands of their sponsors. The conditional permanent residence status requires that the person being sponsored live under the same roof as the spouse who is sponsoring them for two years. If the sponsor is being violent or abusing the person being sponsored, that requirement for two years of cohabitation must be removed.

We are also calling on the government to introduce a provision in the bill that guarantees the delivery of prevention and support services for victims of forced or early marriage.

I will close by saying that for all of these reasons and others that I unfortunately did not have time to go over, I will be opposing this bill at second reading. However, I would like to reiterate that we unequivocally condemn forced marriage, polygamy and early marriage.

However, the fact remains that this bill creates more problems than it solves. The Conservatives have managed to fail on three counts in this area. There is the legislative failure, since Bill S-7 has many adverse effects that increase the exclusion of immigrant women and children. They also failed when it comes to consultation, as they have done for almost every other bill, too. Lastly, the Conservatives have failed in terms of their approach when it comes to violence against women by refusing to implement our national action plan to end violence against women in Canada.

I will stop there and I look forward to questions from the members.

[Costas Menegakis, Conservative, Parliamentary Secretary to the Minister of Citizenship and Immigration]

Mr. Speaker, Bill S-7 is a very important piece of legislation because it seeks to protect the most vulnerable, these young girls who in many cases have absolutely no choice. There are children born and raised in our country who at a young age find themselves having to deal with a situation where they are being forced into a marriage in another country. Quite often during a summer break from high school their parents force them to go overseas to marry someone who has been promised from birth.

Could the member tell us what she hears in her communities about the impact on these young ladies who feel powerless today to speak out so these kinds of things do not happen? Bill S-7 clearly puts measures in place that would prevent such atrocious acts from happening in families in Canada.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I listened closely to my colleague's speech.

In her introduction, she outlined the fundamental principle of gender equality in Canada, a principle that we obviously subscribe to.

In that sense, Bill S-7 seems to contain a tremendous number of measures that deal with what happens after the fact, in other words, the way the Canadian government or the court must react once the action we wish to avoid is committed.

Can my colleague explain what measures in Bill S-7 deal with prevention, support or education to ensure that what the bill seeks to criminalize simply does not happen in the first place?

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, it is with a great sense of purpose that I am participating today in this debate on Bill S-7, the zero tolerance for barbaric cultural practices act.

I am supporting this legislation because I believe that men and women are equal, and our government believes that men and women are equal. Passing this bill is critical to ensuring that immigrant girls and women have the same chances to position themselves for success in Canada as men and boys do.

Canada has opened its doors to many people who have left their home countries to come here for a better life. Many have come for the rich opportunities. Many have fled persecution in search of safety and security. We want to ensure that they can live here in safety and security. We want them to know that they can live freely, because Canada upholds the enduring principles of freedom, democracy, human rights, and the rule of law. Those apply equally to men and women. We cannot just talk the talk; we have to walk the walk. This bill is an example of that today.

Even in this House, we can see that immigrant women are making great contributions to Canada. I think of my fellow colleagues who are immigrant women, the MPs for Vancouver South, Richmond, and Fleetwood—Port Kells, just to name a few who were born elsewhere. They have been elected to Parliament, and they work every day toward a better Canada.

As legislators, we all owe it to immigrant girls and women to ensure that they are not hampered from making great contributions to Canada by discriminatory cultural practices and barbaric cultural practices, such as early and forced marriage, polygamy, and yes, so-called honour killings, which have no place in this country. Indeed, we have zero tolerance for such practices, and this bill sends that strong message.

To that end, the Government of Canada is taking concrete steps. Already our government is providing women who are newcomers to Canada with a whole range of services and programs to help them build their skills so they can enter the workforce and get great jobs here. I have had the opportunity to participate in graduations from some of these programs. I have to say that they truly are inspiring. They have such vim and vigour and a desire to get out and make a contribution.

Two great organizations in my community, among many, that are doing this work are the Calgary Immigrant Women's Association and Immigrant Services Calgary. They do things like co-op programs for professional women, job retraining, and mentorship.

However, shockingly, groups that work with many of our immigrant women and girls also report that when they have left countries where barbaric practices are common, they find themselves subjected to them here.

In the most recent Speech from the Throne, our Conservative government committed to ensuring that barbaric cultural practices do not occur here on Canadian soil. The Government of Canada, the people of Canada, will not tolerate barbaric cultural practices that hold women back. That is the bottom line.

It is up to us to ensure that immigrant women and girls are not being subjugated through isolation and violence. This bill codifies that in law. It says that practices like early and forced marriage, like polygamy and honour-based violence, will not be tolerated.

Women and girls seeking a better life for themselves here in Canada should never be subject to living in constant fear under threat of violence or death simply for living their lives, for choosing whom they wish to marry, and for seeking better opportunities for themselves.

These practices are antithetical to the fundamental Canadian values of freedom and gender equality in which I firmly believe. According to Justice Canada, reports from criminal court cases, the media, and refugee decisions, there were at least a dozen killings from 1999 to 2009 committed in the name of so-called honour. These were premeditated killings, killings of girls and women, murders by family members.

I am haunted by a case in my own home town of Calgary in March 1991, when 20-year-old Kulvinder Dulay was gunned down with her husband and a friend in a parking lot outside the mall by a family member. Ontario was rocked in 2009 when four strong, vivacious women, the Shafias, were murdered by their own family in Kingston.

We are prosecuting such crimes under our current laws, but we know that immigrant and newcomer women and girls face additional barriers when it comes to protecting themselves and seeking assistance compared to women who are born in Canada.

There were a reported 219 cases of forced marriage from 2010 to 2012 just in Ontario, and all of those individuals reported being victims of violence. These practices have a very negative effect on families and on society at large as well as on the communities in which they occur. Bill S-7 is the latest example of this government taking strong action to protect women and girls.

Our government has also recently updated Canada's citizenship guide, called Discover Canada, and the newcomers' orientation guide, called Welcome to Canada, to clearly state for people coming to Canada and people who want to be citizens that Canada's openness and generosity do not extend to harmful cultural practices like forced marriage or gender-based family violence. This is a great step. I have talked with our Minister of Citizenship and Immigration recently about expanding the scope of the distribution of these guides to all of our embassies worldwide.

However, our efforts do not stop there. Status of Women, a committee on which I am privileged to sit, has also invested $2.8 million for community-based projects that address harmful cultural practices. Justice Canada and the Status of Women co-chair an interdepartmental working group on early and forced marriage, honour-based violence, and female genital mutilation. Since 2009, Justice Canada has been busy holding workshops. It has held six sector-specific workshops with police, crowns, victims services, child protection officials, and shelter workers to build capacity among the people who deal with these issues on the front lines.

As I said, we know that more needs to be done to protect girls and women in our immigration system. That is why Bill S-7 is necessary. To ensure the effectiveness of the measures in this bill, the Minister of Citizenship and Immigration consulted with immigration advocates and others in this field for many months, across the country, to formulate the policies that would stop violence and abuse. Those experts told us that barbaric practices still occur on Canadian soil and that we need to act. They gave advice and made very important recommendations that were included in this bill. That led us to where we are today.

The zero tolerance for barbaric cultural practices act would send a clear and unambiguous message to Canadians and newcomers that such practices are verboten. It would strengthen our laws to protect Canadians and newcomers from these harmful practices by ensuring, for example, that people know that it is a crime to participate in these barbaric cultural practices. We would remove the defence of provocation in the case of so-called honour killings. We would declare that the practices of some cultures are not consistent with Canadian laws and that Canadians will not tolerate cultural practices that deprive individuals, girls, and women of their human rights.

To repeat, this bill would support women and girls who have come to Canada for a better life. It would make it clear that under no circumstances do Canadians accept or allow the propagation or enactment of barbaric cultural practices that target women.

Aruna Papp, who was a victim of early and forced marriage, says this about Bill S-7:

The government's Zero Tolerance for Barbaric Cultural Practices Act recognizes the plight of these women. In presenting this bill, the government of Canada has said, in effect, “as a Canadian citizen, you, too, deserve to live a life free of violence and coercion.” For this, I am grateful.

For this, I too am grateful. This bill needs to become law to prevent more young victims like Aruna Papp.

I implore the opposition members who refuse to stand up for those victims and who say that action is not needed for such a small problem to support this bill, to think of Aruna Papp, of Lee Marsh, of the four members of the Shafia family, and of all the victims of these barbaric practices.

I know that members of both opposition parties say that they are in favour of women's rights. Yet both parties voted against Bill S-2, which gave aboriginal women long-denied matrimonial property rights last year. That is a game changer for them.

I encourage all of my hon. colleagues, and especially those members of the opposition who sit with me on the Status of Women committee, to lead their colleagues and stand up for women and girls. I ask them to vote for Bill S-7 and stand up for victims of violence and abuse.

The House resumed from March 12 consideration of the motion that Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts, be read the second time and referred to a committee.

[Chungsen Leung, Conservative, Parliamentary Secretary for Multiculturalism]

Mr. Speaker, it is an honour to speak to this bill. I am pleased to have an opportunity today to speak in support of Bill S-7, the zero tolerance for barbaric cultural practices act.

In the Speech from the Throne in October 2013, our government promised that it would ensure that early and forced marriage and other harmful cultural practices, such as polygamous marriages and so-called honour-based violence, do not occur on Canadian soil.

I might add that it is within my living memory that in our east Asian cultural tradition there were polygamous marriages. I can still remember my grandparents having a polygamous marriage, because that was the society of that time. However, over time, over the last two generations, that has changed. We can change it.

Bill S-7 delivers on that promise. The zero tolerance for barbaric cultural practices act demonstrates that Canada's openness and generosity does not extend to early and forced marriage, polygamy, or other types of barbaric cultural practices.

Canada will not tolerate any type of violence against women or girls, including spousal abuse, violence in the name of so-called honour, or other mostly gender-based violence. Those found guilty of these crimes are severely punished under Canada's criminal laws.

This bill would establish a national minimum age of 16 for marriage to protect our most vulnerable in society, our children, from early marriages. The minimum age of 16 for marriage currently only exists in federal legislation pertaining to Quebec. As a result, the common law applies to the rest of Canada, which is usually interpreted as a minimum age of 14 for boys and 12 for girls, but could be as low as 7. This bill would now set 16 as the minimum age for marriage across Canada.

The Civil Marriage Act would also be amended to codify two existing legal requirements for a valid marriage. Currently, these requirements are legislated only in Quebec: the legal requirement for free and enlightened consent to marriage, and the requirement for ending an existing marriage prior to entering another. Consent is truly the most critical aspect of a lawful marriage.

This amendment would make it clear that no Canadians should ever be forced to marry against their will and complements certain amendments to the Criminal Code, which I will discuss.

The requirement for ending an existing marriage prior to entering another is consistent with section 2 of the Civil Marriage Act and the longstanding Criminal Code prohibition against bigamous and polygamous marriages.

Also in relation to polygamy, this bill proposes amendments to the Immigration and Refugee Protection Act to specify that a permanent resident or foreign national is inadmissible on the grounds of practising polygamy in Canada. Under the current immigration law, non-citizens can only be removed in cases where there is a criminal conviction for practising polygamy or where there is a finding of misrepresentation.

To eradicate this practice on Canadian soil, this bill would prohibit both temporary and permanent residents from practising polygamy in Canada and provide for the removal of non-citizens who practise polygamy in Canada without the need for a Criminal Code conviction or a finding of misrepresentation.

Coming back to the issues of early and forced marriage, this bill proposes several amendments to the Criminal Code to better prevent Canadians from being victimized in these ways. The proposed amendments in this bill fill a gap in the existing legislative scheme by creating offences that focus on the active participation in the forced or underage marriage ceremony itself.

The bill proposes two new offences that would extend criminal liability to anyone who knowingly celebrates, aids, or participates in a marriage ceremony where one or both of the spouses is either under the age of 16 or is marrying against his or her will. This would cover both those who conduct the marriage ceremony and those, such as family members, who have full knowledge that a marriage is forced or involves a child under 16 and actively participate in the marriage ceremony. However, to be prosecuted for this offence, a person would need to have engaged in some conduct specifically directed toward helping an early or forced marriage to occur.

The proposed offences address the social harm caused by the public sanctioning of these harmful practices. Studies have indicated that the vast majority of victims of a forced marriage are subjected to violence within that marriage. Similarly, girls who marry early are at far greater risk of experiencing complications in pregnancy and childbirth, including higher maternal mortality rates, experiencing violence in the home, and having their education disrupted.

Underage marriage violates girls' basic human rights and prevents them from fully participating in society.

These two new offences would be punishable by a maximum of five years' imprisonment. The bill also proposes to make it an offence to remove a child from Canada for the purpose of a forced or underage marriage outside of Canada. This government is aware of disturbing cases of Canadian children being taken abroad for forced or early marriage.

Child protection officials who believe that the child would be removed from Canada for a forced or underage marriage currently lack the requisite legal tools to intervene and prevent the child's removal from Canada. The bill would change that by adding the new offences related to an underage or forced marriage ceremony to the list of offences in the provisions that makes it a crime to remove a child from Canada.

I am confident that these proposed amendments would help prevent and deter the removal of children for such harmful practices and effectively punish those perpetrators who violate the law.

Moreover, the bill has prevention measures to protect vulnerable Canadians and residents from early or forced marriage.

The bill also proposes to introduce specific forced or underage marriage peace bonds to allow potential victims to seek protection against a pending forced or underage marriage. An order under the new peace bond provision could specifically prohibit people subject to the order from making arrangements or agreements for the forced or underage marriage of victims; require people subject to the order to surrender passports in their possession; prohibit them from leaving the country or taking a child out of the country; and require them to participate in a family violence counselling program.

Finally, in the area of violence motivated by so-called honour, it bears repeating that all forms of violence, whatever the motive, are fully prohibited by the criminal law. There is no need to create specific offences for honour-based violence.

The defence of provocation has been raised in several so-called honour killing cases in Canada on the basis that the victim's behaviour such as choosing one's own marriage partner or making other such personal decisions for oneself without a family or a husband's approval amounted to a wrongful act or insult that, when considered in the context of the cultural community to which they belonged, provoked the accused to kill due to a sense of damaged honour or reputation. To date, the defence has not been successful in so-called honour killings in Canada, however, the defence remains available to be raised in similar cases in the future.

Canada will not tolerate early and forced marriage and other harmful practices taking place in our country.

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, it is the epitome of ignorance to stand and cast aspersions on and call another member of Parliament names. I take great umbrage with that. I thought he was a better person than that, but evidently he is not.

In answer to his question, clearly the member could not even follow the line of debate. He does not know we are talking about Bill S-7, the zero tolerance for barbaric cultural practices act. He went off on some tangent about something in the Middle East.

What I think would be acceptable to the NDP, which seems to engage in this form of relativism, is if we named Bill S-7, the tolerance for barbaric cultural practices act. I am sure that would make those members happy.

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, it gives me great pleasure and pride to rise today in my place to speak in support of Bill S-7, the zero tolerance for barbaric cultural practices act.

I have been a member of Parliament now for almost four years for the great riding of York Centre. I was born and raised in the riding of York Centre, and now I am raising my family there. It is probably one of the most ethnocultural ridings in Canada.

We have the largest number of Russian-speaking people of any riding in the country. We have one of the largest populations of Filipino people, one of the largest populations of Vietnamese people, one of the largest populations of Hispanic people and one of the largest populations of Jewish people. Plus, we have ethnic representation from virtually every other imaginable ethnicity of which we can dream. That is a wonderful thing, and that is what makes Canada such a great country. York Centre is merely a microcosm of our great country of Canada.

We are a nation of immigrants. We are all from somewhere else, and we come here because Canada represents this great country of hope and opportunity, yes for ourselves but, more important, for our kids. People come here because they want to escape racism and persecution. They want a better life for themselves and, more particularly, for their kids so they can achieve all the hopes, dreams and aspirations possible for a human being.

I rise today and speak about the various ethnicities and ethnocultural representation we have in our great country of Canada. We are this country of diasporas. When I am in my riding of York Centre, I am privileged to go to a different event almost every night that is ethnocultural based. Sometimes I go to two, three or four events in a night.

All these ethnic groups are different. They all celebrate something different, representing their own culture. However, what they are doing is the most Canadian thing we can ever imagine. They are celebrating where they come from, but what they are most proud of and what unites them all, notwithstanding where they originally come from, is that they are proud Canadians. They are proud of our Canadian values of freedom, democracy, human rights and the rule of law. They take great pride in that. Whenever I mention the word “Canada”, bar none, we get a standing ovation because everybody wants to celebrate being Canadian. They know the value of what it is to live in our great country of Canada, and they know what they left behind. Yes, they can celebrate their culture and their differences, but they know at the end of the day they are most proud of being Canadian.

That is why it is so important we pass Bill S-7. As a country, it is inconsistent with our values, and we will not tolerate allowing people into it who will practise barbaric acts. People say that the title of the bill is provocative. Yes, it is intentionally so because we want to label these acts as barbaric.

That is unlike the leader of the Liberal Party who, a few years ago, had a problem with the word “barbaric”. When Citizenship and Immigration Canada put out a guide for new Canadians, it used the word “barbaric“ in the guide, and it referred to certain acts like female genital mutilation and forced marriages for young women. These acts were declared barbaric, and the Liberal leader went to his Twitter page stated his objection to the use of the word “barbaric”. He said that it did not take into account cultural sensitivities. He said that there were different cultures out there that were inconsistent with the values that we had in Canada, but that we nevertheless must respect those values, and such barbarism must be respected. He took umbrage with that word. However, when the Liberal leader was confronted by many Canadians who objected to his objection of the word “barbaric”, he said, “Perhaps I got tangled in semantic weeds”.

He said, and this is the best, that the government should use the words that make “an attempt at responsible neutrality”. We are not in the neutrality business. We are in the business of promoting the values of Canadians, what Canadians take pride in. As I said earlier, we take pride in our Canadian values and stand up for freedom, democracy, human rights and the rule of law because we are proud of our country and we will not accept people who come to our country and want to practise barbaric acts.

The opposition says that the bill would put it underground. It is underground right now. A woman cannot go to a hospital and ask to have her genitals mutilated. We as a country are taking a stand. We as a government are saying this is wrong. Yes, the legislation serves an educational purpose and a pedagogical purpose because we need to send a strong message to those people who would dare think that in our great country of Canada these barbaric practices are acceptable, because they absolutely are not.

I would hope the Liberal Party and the New Democratic Party would not engage in their moral relativism and think that there is nothing right and there is nothing wrong, that everybody needs to debate and everything is a gray area. No, there are certain rights, imperatives and things that are right and wrong, and barbaric practices such as female genital mutilation, forced marriages and honour killings are wrong. We take a stand against that as do Canadians. We know where Canada stands.

The Canadian people sent us here to do a job. We take that job very seriously. We are honoured to have that responsibility. We have a responsibility to the Canadian people to ensure our country is protected.

We are sending our armed forces to northern Iraq to fight against ISIS. What is ISIS doing? We have seen it burn human beings alive. We know it takes little girls from their towns and use them as sex slaves and sells them into slavery. It cuts off the heads of women, children and men. We have sent our armed forces there, along with a coalition, to fight against this objectionable behaviour, to fight against these thugs and barbarians. We do not want this in Canada.

The Canadian people have spoken. The Canadian people have made it clear that we will never—we have not in the past, we will not now, and we will not in the future—accept these barbaric acts. We will never do it, and we stand firm in that. Our government is representing the views and beliefs of the Canadian people by introducing this legislation.

[Tarik Brahmi, NDP, Saint-Jean, QC]

Mr. Speaker, I listened to my colleague's speech. He focused mainly on underage marriages and the forced marriage of people who are too young.

He pointed out that the only place where provincial legislation sets out an age of consent for marriage is Quebec. None of the other provinces have anything like that because they use the common law system.

Given that common law is part of the British tradition, can my colleague explain why the short title of this bill is the Zero Tolerance for Barbaric Cultural Practices Act to end barbaric practices?

Is he telling us that the British common law tradition is a barbaric practice? It sure looks that way to us. What is the intent behind the use of the words “barbaric practices” for a legislative measure in the British common law tradition?