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.

Motions in Amendment

[The Acting Speaker, Bruce Stanton]

The hon. member for Saanich—Gulf Islands.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

First, Mr. Speaker, I almost feel I need to rise on a point of personal privilege on this, but since I have the opportunity to respond to the parliamentary secretary's question, I would like to state for the record—and he cannot contradict this, because it is fact—that since the moment I took my seat in this place, I have not heckled any member at all, not once, never. I found it gratuitous and insulting that he would begin his question by asking that I not heckle him. I have never heckled anyone, and I plan to continue in that practice.

Second, let me read the section that the hon. parliamentary secretary glossed over. Clause 293.2 reads as follows:

Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

My attempt to make sure that this only applied to people 18 years of age and older was defeated at committee. On the face of it, the language “celebrates, aids or participates” is a very broad net and would include people who could well be under 18 with no capacity to have been found guilty of an indictable offence, but here they would be.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, I find the comments from the parliamentary secretary very disturbing on this particular issue.

We have to look at the title. I think it has been brought to light by the speaker so far that one of the words that is very problematic is the word “cultural”. From what we have seen with Conservatives' bills, which find themselves before the courts and they lose, for the most part, it is actually inciting racism and discrimination. Maybe my colleague could speak on that. When something like that is put forward, whether it is Bill C-51 or a national inquiry for missing and murdered indigenous women put forward by the NDP, the government keeps pointing the finger at the culture as opposed to looking at the systemic problem.

We have seen in the U.K. that there is an opportunity to actually invest in services. It is the same thing in Demark. People there say they need more services. This is the way to go.

I am wondering if my colleague can talk about how this legislation is inciting more racism and discrimination as opposed to dealing with it, as well as how important it is to invest in services that actually help victims.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I agree entirely with my hon. colleague. This is part of a fabric. The member is certainly aware of it, as are a lot of us here, and it is disturbing.

Canada's greatness, and what makes this the best place in the world to live, is our extraordinary success in multicultural harmony. We enjoy the fact that people come here from all around the world. All of us here who are not first nations have come from somewhere else. It is not just tolerance, not just that we can put up with one another; we actually are enriched by the diversity, culturally.

Whether it was the fake controversy over a woman wearing a niqab to a citizenship ceremony, stirring the pot, or the Prime Minister in this place saying that the culture was anti-women, these kinds of comments that become anti-Muslim are unhelpful. This is unhelpful at a time when we should be, as the member suggests, investing in services, increasing the levels of communication, avoiding radicalization, and assuring those people, wherever they come from around the world, that they are welcome and respected here.

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

Mr. Speaker, thank you for the opportunity to participate in this important debate today.

In our most recent Speech from the Throne, our government indicated we would address the vulnerability of women in the context of immigration. The government committed to ensure that women and girls would no longer be brutalized by violence, including through the inhumane practice of early and forced marriage, on Canadian soil.

I am very pleased that our government is focused on strengthening the protection of vulnerable women in Canada's immigration system and on forcefully and resolutely supporting the rights of immigrant and newcomer women.

To do so, our government must ensure that Canada's immigration policies and practices are especially focused on strengthening the protection of immigrant and newcomer women. Indeed, it is deeply troubling that harmful cultural practices such as polygamy and forced and underage marriage still exist as a reality for some Canadian women.

That is why I am happy to note the government's proactive approach to date toward decreasing the vulnerability of immigrant and newcomer women.

For example, regulations put in place in recent years have made it much more difficult for people convicted of crimes that result in bodily harm against members of their family, or other particularly violent offences, to sponsor any family class member to come to Canada.

Better guidelines and training have been introduced to assist front-line officers in processing requests for exemptions based on abuse or neglect and in handling sensitive information related to abusive situations.

My colleague, the hon. member for Mississauga South, introduced a motion last fall in this very place to bar the recognition of proxy, telephone, Internet, and fax marriages for immigration purposes, because they may facilitate non-consensual marriages, and our government was proud to support this motion.

While it should be noted that the practice of forced marriage can also victimize men and boys, it disproportionately affects women and girls. Women and girls who are forced to marry someone against their wishes are almost always also beset by a list of other restrictions of their human rights, restrictions that deny them an education or the opportunity to find employment and limit their mobility. These are all abhorrent to our Canadian values of individual freedom for all.

Why are immigrant women particularly vulnerable to the harm caused by these practices?

For one, they are more likely to lack proficiency in English or French, which can be a barrier to accessing social services and information on their legal rights in an abusive relationship. They may also lack the economic independence to leave abusive situations, especially if they are underage.

Under Canada's settlement program for newcomers, the government also provides funding to a variety of organizations that offer programs and services that respond to the specific needs of permanent residents, including immigrant women and their families who may find themselves in vulnerable situations.

Also, both Canada's citizenship study guide, Discover Canada, and the Welcome to Canada orientation guide were recently updated to reflect the fact that Canada's openness and generosity do not extend to harmful practices such as forced marriage or other forms of gender-based family violence.

The Minister of Citizenship and Immigration and I have devoted a considerable amount of time meeting with individuals and representatives of organizations that provide services to immigrant women, as well as with victims of abuse, at a number of round table discussions across the country.

These important discussions focused on domestic violence, polygamy, forced marriage, the immigration process, and how to strengthen the protection of vulnerable women and girls.

I was also proud to participate in the Standing Committee on Citizenship and Immigration study on strengthening the protection of women in our immigration system. We were fortunate to hear from expert witnesses and victims of so-called honour-based violence; yes, right here in our own country.

These discussions, of course, strongly informed Bill S-7, the zero tolerance for barbaric cultural practices act.

Bill S-7 is yet another example of the government's commitment to the protection of vulnerable Canadians, particularly newcomer women. These measures would do the following: render permanent and temporary residents inadmissible if they practice polygamy in Canada; strengthen Canadian marriage laws by establishing a new national minimum age for marriage of 16 years old, and codify the existing legal requirements for free and enlightened consent for marriage and for ending an existing marriage prior to entering another; 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; help protect potential victims of underage or forced marriages by creating a new specific court-ordered peace bond where there are grounds to fear someone would commit an offence in this area; and ensure the defence of provocation would not apply in so-called “honour” killings and many spousal homicides.

Canada is a generous and tolerant country. However, I am sure that we would all agree that Canada's openness and generosity does not extend to underage and forced or polygamous marriage or other practices that deny gender equality.

In summary, the measures in Bill S-7 would strengthen our laws to protect Canadians and newcomers to Canada from barbaric cultural practices. The measures in Bill S-7 would provide protection and support for vulnerable individuals, especially women and girls, by rendering permanent and temporary residents inadmissible if they practice polygamy in Canada, by strengthening Canadian marriage and criminal laws in order to combat forced and underage marriage, and by ensuring that defence of provocation would not apply in so-called “honour” killings, and many spousal homicides. That is why this bill is so important.

As legislators, it is our duty to uphold the equality of men and women under the law. I would go so far as to say that this is a fundamental Canadian value. Nevertheless, we must recognize that thousands of Canadian women and girls continue to be subject to violence, and barbaric cultural practices still exist as a reality for many Canadian women. By supporting these measures and ensuring that they pass into law, Parliament would be sending a strong message that we will not tolerate any practices that deprive anyone of their human rights on Canadian soil. I have no doubt that everyone in this House would all agree that in our capacity as representatives of the people of Canada, we have an obligation to always support victims of violence and abuse, and to do everything we can to prevent such practices from happening in this country.

For all of the reasons I have outlined today, I urge my honourable colleagues to support Bill S-7. With that, I conclude my remarks on this bill today.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I would remind the parliamentary secretary that yesterday, when he had the opportunity to rise in the House to vote in favour of our motion to end violence against women, he sadly decided to vote against it.

I understand his speech, but I think it is a bit rich of him to point his finger at the NDP, which moved the motion his own government voted against. The biggest problem here is that while we are talking about victims, we are also making criminals of them.

The Conservatives did the same thing with Bill C-36 concerning prostitution. They said that women who worked as prostitutes were victims, but they forgot that their bill turned them into criminals. Then they proposed an amendment to their bill, but it still made criminals of the victims in certain circumstances.

They are doing the same thing today: they are making criminals of the people they say are victims. That does not work, and all the experts agree.

What facts or scientific studies do they have to show that making victims into criminals will improve the situation?

[Costas Menegakis, Conservative, Richmond Hill, ON]

Mr. Speaker, on the contrary, I take exception to the member's point. This bill would not do that. The zero tolerance for barbaric cultural practices act would actually send a clear message to individuals coming to this country that their harmful and violent cultural practices are unacceptable in Canada.

It is also unacceptable to have children who are born in Canada whose parents promised when they were born for them to be married to somebody. When they reach 14 years of age, they find themselves on an airplane going to a country they do not even know, or even within the community where they live, and forced to marry an individual with whom they have had no personal contact other than being promised to that individual when they were born, against their will.

These are abuses that are happening in this country. They are rooted in some cultures, and the member should be supportive of this legislation that would stop these atrocious acts from happening on Canadian soil.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, there are certain aspects of the legislation for which there is no doubt some limited support. However, there are also aspects of the legislation that have offended a great number of people. Using the combination of words “barbaric cultural” is one of the things that the government has been called to further explain. At the end of the day, it does raise some issues of some very strong racial background as to why the government chooses to use such strong wording. It would appear on the surface that the Conservatives are more concerned about having some sort of strong spun-out message coming from the Prime Minister's Office.

I wonder if the member could provide some explanation as to why the Conservatives felt compelled to use such strong wording in the title of the legislation, which is offending many individuals in our community.

[Costas Menegakis, Conservative, Richmond Hill, ON]

Mr. Speaker, I do not accept the premise of the question. The title does not, nor does the legislation at any point, name any particular culture. The fact of the matter is that certain practices are based and rooted in some cultures. We did not name one particular culture. We did not say it is a particular group that is guilty of these actions. However, these are actions that are defended by those who perpetrate these atrocious actions on their own children by pointing to their particular culture or tradition. This is why the word “cultural” is important.

In Canada, people should have the right to a consensual marriage, not something that is forced on them because they were told that it is somehow rooted in their culture.

[John McCallum, Liberal, Markham—Unionville, ON]

Mr. Speaker, I am happy to speak on the bill. Since the parliamentary secretary has just referred to the word “cultural”, maybe that is a good place to begin. We in the Liberal Party proposed an amendment to remove the word “cultural” from the title, which would then read: zero tolerance for barbaric practices act. We thought it was totally unnecessary and offensive to some to include the word “cultural”. Whatever the government's intent might be, certain communities viewed themselves as being targeted by the use of this word. The word does nothing to enhance the content of the legislation, it is not necessary in any way, yet it is offensive to some. Therefore, I see absolutely nothing to gain, but something to lose, by keeping the word “cultural” in the title of the bill.

The government, through some convoluted argument, which I have heard several times and never understood because I do not think it makes sense, did not agree to that. Therefore, the word “cultural” remains. However, that is not sufficient enough for the Liberal Party to vote against the bill, because we mainly go by the content of a bill rather than by the sometimes ridiculous Conservative title.

In terms of the content, we have reservations in some areas, which I will allude to in a minute or two. However, overall, we think there is enough that is positive in the bill that we will support it.

I will go through the four elements in the bill, which are the provisions on honour killing, and related to that, the defence of provocation; polygamy; the age of marriage; and forced marriage. I think it is pretty well self-evident, and I cannot speak for other parties, but speaking for the Liberal Party, we regard all of these practices as undesirable things that ought to be totally illegal. Therefore, if the bill in some respects can define them better or make them more illegal, then we would be in favour.

Particularly, the two substantive items in the bill that we do like are: one, for the first time we have a minimum age of marriage at 16; and second, the innovation in the bill that it would be a crime to participate in a forced marriage. We think those are both advanced and we support those two items.

In terms of reservations, we think that the defence of provocation in the context of honour killing is really just a political show, because the lawyers who testified before us made it very clear that the defence of provocation would never be accepted by any court in this country in the case of an honour killing. Therefore, it is redundant and I think something the Conservatives brought in for political effect.

I also think that the Conservatives' definition of what would constitute acceptable provocation is inappropriate. The crimes they listed included fairly minor things, such as theft, and we think the crimes should be more major. The minister seemed to agree with that, but he did not understand that the bill did include minor crimes. That is one thing in the bill that we would like to see changed, but it is not enough to cause us to vote against it.

On polygamy, there was some discussion as to whether there should be a definition of polygamy, because if someone is not allowed into the country because of polygamy or deported because of polygamy, it might be a good idea to have a definition as to what it is. One can see the scope for abuse of people's rights if the offence for which they might be charged is not properly defined.

On the age of marriage, according to the bill, if a person is 16 or 17 years old, marriage would be allowed with parental consent, and parental consent alone would be sufficient. However, we thought that if we are into a world of potential forced marriages, then parental consent might not be sufficient. If it is a forced marriage, then the consent of the parent would be a part of that forced marriage scenario, which we want to stop.

For this reason, we propose that there be some judicial mechanism, which I believe exists in some provinces, in addition to parental consent in the case of the marriages of 16- and 17-year-olds.

In essence, what I am saying is that there is enough that we like in this bill to make us think it is worth supporting overall, but there are various things that we would add to the very long list of other things that the Conservatives have done with which we disagree. Should we become the government at some point, I suppose we would add these items to the already long list of things done by the Conservative government that we would want to undo. The list is a very long one.

Just in the immigration area, for example, approximately 99% of the content of the Citizenship Act constitutes additional hurdles and barriers that we would want to remove. However, in the case of this particular bill, we think that there is enough merit in it that we in the Liberal Party will vote in support of it.

[Diane Ablonczy, Conservative, Calgary Nose Hill, AB]

Mr. Speaker, I thank my colleague for a very well reasoned and sensible response to the bill. He has some good suggestions and has raised some reasonable concerns. That is the kind of debate we should have.

I sat on the public safety committee this morning. We heard an expert on terrorism and radicalization tell us that there are materials being distributed in Canada today that say that beating women is an act of kindness and love and that women owe a duty to their husbands, a duty that includes obedience and not withholding intimacy.

There are documented activities taking place in our country that are not only physically dangerous to women but also hostile in a very cultural sense.

I would ask my colleague why we need to avoid the world “culture” when clearly there are cultural dimensions to this danger to women.

[John McCallum, Liberal, Markham—Unionville, ON]

Mr. Speaker, I thank my colleague for her comment. I also commend her for her eloquent S. O. 31 statement on the occasion of her impending departure—not too soon, but at some point. She showed that we can fit a lot of content into 60 seconds. It was a very excellent statement.

I also like the first part of her comment, when she said that some of the things that I said were reasonable—

[John McKay, Liberal, Scarborough—Guildwood, ON]

That is so unusual.

[Chris Alexander, Conservative, Ajax—Pickering, ON]

It is because he is supporting it.

[John McCallum, Liberal, Markham—Unionville, ON]

Mr. Speaker, notwithstanding some reservations.

I think perhaps where I differ most acutely is on this word “cultural”, because I see it as being offensive to communities and because we do not gain anything by its inclusion.

If we look at the groups who are offending society in areas of polygamy and other bad things, we see they are not just Muslims. There were Jewish groups in the news for that. There were fundamentalist Christian groups based in British Columbia. There are a number of different religious groups or sects, or whatever we want to call them, that are guilty of these crimes, but only certain groups take offence to the use of the word “culture”, thinking that it is directed at them.

From a practical point of view, if the word offends some people but does not add anything to the final product, why put it in? I would say to take it out.