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

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-7s:

S-7 (2022) An Act to amend the Customs Act and the Preclearance Act, 2016
S-7 (2012) Law Combating Terrorism Act
S-7 (2010) Justice for Victims of Terrorism Act
S-7 (2009) An Act to amend the Constitution Act, 1867 (Senate term limits)
S-7 (2004) An Act to amend the Supreme Court Act (references by Governor in Council)
S-7 (2004) An Act respecting the effective date of the representation order of 2003

Votes

June 16, 2015 Passed That the Bill be now read a third time and do pass.
June 15, 2015 Passed 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, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 9, 2015 Passed That, in relation 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, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
March 12, 2015 Passed That, in relation 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, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 5:45 p.m.

Liberal

Lise St-Denis Liberal Saint-Maurice—Champlain, QC

Mr. Speaker, I am not going to talk about the bill since we said we are going to vote for it.

Nonetheless, I would like to talk about its title. When I was studying literature at university and it came time to write essays and choose titles, I learned that a title should always reflect the text that followed.

This is not some tabloid we have here. This is a bill and it is serious. Imagine reading this 10 years from now. A bill must not be emotionally charged. It has to be neutral and impose certain rules on certain things.

I find this title to be far too emotional and provocative. I will vote for this bill, but in committee I would choose a more neutral title that does not pass judgment on the bill itself.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 5:50 p.m.

Conservative

Mark Adler Conservative York Centre, ON

Mr. Speaker, that is quite typical of the Liberal Party. We have seen that for many decades in the House. The Liberals do not support Bill C-51, but they will vote in favour of it. This goes back to the times of Mackenzie King, the times of conscription if necessary, but not necessarily conscription.

We have the Liberals once again getting up and saying that they are going to support the bill but they have a bit of a problem with the title.

This is not a university paper. This is not a college essay. We are in the Parliament of Canada, representing the Canadian people who sent us here, the Canadian people who stand for Canadian values. Those are the people we represent.

The people have told us that they will not stand for barbaric practices such as female genital mutilation, forced marriages, sexual assault, and we have put this into the legislation. I ask the opposition parties, the NDP and the Liberals, to get on board, support us and represent the wishes and will of the Canadian people.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 5:50 p.m.

Willowdale Ontario

Conservative

Chungsen Leung ConservativeParliamentary 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.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 6 p.m.

The Acting Speaker Barry Devolin

It being 6:00 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

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.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / noon

Conservative

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.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / 12:10 p.m.

NDP

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?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / 12:10 p.m.

Conservative

Joan Crockatt Conservative Calgary Centre, AB

Mr. Speaker, I take the member at his word and I hope he will show that he and his party do stand for the equality of women by supporting the bill.

One of the most important aspects of the bill is prevention. The bill sends a message to immigrant men and other people in the community at large that these barbaric cultural practices that are sometimes practised in the countries from which our immigrants come, will not be tolerated in Canada. That would be clearly defined in the Criminal Code. They would know that the defence of provocation, which is often used in other places as a way of justifying the horrific act of killing their daughters because they disagree with whom they wish to go out with or marry, is not acceptable in Canada.

That is exactly the message the Immigrant Services Calgary and the Calgary Immigrant Women's Association are telling me. These people need to hear it. They need to hear it in Canada and before they come to Canada so that they are aware that they cannot continue these practices in our country, on Canadian soil.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / 12:10 p.m.

Richmond Hill Ontario

Conservative

Costas Menegakis ConservativeParliamentary 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.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / 12:15 p.m.

Conservative

Joan Crockatt Conservative Calgary Centre, AB

Mr. Speaker, I really feel grateful that I have colleagues who will stand up for young women, like my fellow colleague who is asking me the question. It is critical that we have the support of men for these sorts of bills.

In the case of forced marriages, I am sure all of us in the House actually know, or have heard of cases close to them, of someone who has been coerced or is fearful of being coerced into a forced marriage. The bill would make it a crime to take a young girl out of the country for the purpose of a forced marriage. It would give the opportunity to have passports revoked in some instances. It would show those young girls, because their friends and other people would tell them, it is not allowed in Canada, it is illegal and that they cannot make them do that in Canada.

My own niece told me of an example of someone in her university class who told her this was the situation she was being placed in. Fortunately, I do not think it happened, but it is something that is happening. There were 219 cases in Ontario alone between 2010 and 2012, and those are just the ones we know about. We must act.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / 12:15 p.m.

NDP

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.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / 12:25 p.m.

Conservative

Joan Crockatt Conservative Calgary Centre, AB

Mr. Speaker, I noticed a fairly glaring omission in the member opposite's speech today, in that he neglected to mention honour killings. He said he was opposed to polygamy, forced marriage, and underage marriage, even though he is voting against them, which is unconscionable, but makes no mention of being against honour killings. This is an extremely serious issue, with girls and women being killed by family members under the guise of them having been dishonoured when the girls and women want to date or marry someone.

Does the member believe he should be denying support for women and girls who are facing these kinds of barbaric practices under the guise that he does not like them being called “cultural practices”, which I should point out is what the United Nations calls them?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / 12:25 p.m.

NDP

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.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / 12:25 p.m.

NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, if I understood my colleague's speech correctly, this is a punitive bill. It is not in any way preventive. There is no help for the people affected by this bill. It covers things that other laws already cover, and it could produce consequences such as the deportation of people who have done nothing wrong. Given all of that, what is the purpose of this bill?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / 12:30 p.m.

NDP

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.