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

[Pierre Dionne Labelle, NDP, Rivière-du-Nord, QC]

Mr. Speaker, I listened closely to the recent speeches and to the answers that were provided. I would like to start out by saying that we oppose polygamy, forced marriage and underage marriage. We strongly believe that this bill is not an appropriate response to the serious problem of gender-based violence, which is not a cultural problem. Bill S-7 could actually exacerbate existing problems.

Experts who appeared before the Standing Senate Committee on Human Rights explained that criminalization alone will not resolve the problem. On the contrary, they said, it will exacerbate the problem. In fact, several sections of the Criminal Code already provide avenues of remedy to the offences targeted in this bill. Instead of politicizing the debate and the issue of gender-based violence, the government could enforce the legislation already in place. It must also commit to implementing a national action plan to fight violence against women and investing more in organizations that provide services to women who are victims of forced or underage marriages.

I was listening to the last speaker answer the following question: will women in a polygamous marriage be protected if the husband is deported? She said that yes, measures could be applied and protections were in place. I am sorry, but there is nothing in this bill about that. The bill does not contain any provisions to allow women who are conditional permanent residents to remain in Canada if their polygamist partner is deported. The hon. member said the opposite of the truth.

No woman should have to suffer gender-based violence, including forced and underage marriage. The bill could have serious consequences by inadvertently criminalizing victims of polygamy and by penalizing and deporting children and separating them from their family.

Instead of focusing on a sensationalist bill that does not address the root of the problem, the minister should commit to holding serious consultations on a wide scale with community groups and experts to effectively deal with the problem of gender-based violence. The government should also invest more in organizations that provide such services as safe and affordable housing and assistance to families that are often traumatized at having to deal with complicated legal and immigration systems.

However, the Conservatives' use of these themes for political ends is nothing new. As members will recall, in March 2012 the Conservatives introduced legislation to crack down on marriage fraud, requiring that the sponsored individual live with the sponsor for a period of two years under penalty of deportation or criminal charges. Speaking of barbaric practices, that is one.

In my riding, I have two constituents who are each married to a woman from Cuba. These Cuban women arrived in my riding last year. Unfortunately for them, the two men were abusive, so the women had to turn to local women's shelters to escape the abuse inflicted by these two violent men. However, by acting to defend themselves, the women faced the very real possibility of being deported from Canada.

What happened after that? We lost track of the two women. Of course, they do not want to return to Cuba. They appreciated life here, but in this case, they were not guilty of violence. It was the men who brought them to Canada who were guilty of violence. Thus, we are faced with a measure that is completely unfair and leaves victims of violence to carry the burden of the abuse they suffer. This should not be the case.

I will continue my speech after question period.

The House resumed 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.

[The Speaker, Conservative, Andrew Scheer]

Resuming debate.

The member for Rivière-du-Nord has five minutes remaining.

[Pierre Dionne Labelle, NDP, Rivière-du-Nord, QC]

Mr. Speaker, we are back to debating Bill S-7. After 10 years of Conservative rule, we are headed in a direction in which we do not want to go. This bill is yet another example of the government's habit of playing politics at someone's expense—this time at the expense of women who are victims of violence.

In 2012, when we opposed the conditional permanent residence measure, we claimed that it gave too much power to sponsors with respect to the responsibility and rights of their female spouses and that it forced them to remain together for two years. The real effects of that have become clear. In my riding, for example, two women experienced psychological violence and they were forced to flee their homes, under the threat of being deported by their sponsors. Their sponsors would threaten them, saying that if if the women left they would arrange to have them deported. That is too much power in the hands of the sponsor.

The government is still taking—or at least focusing on—a repressive approach, instead of adopting a supportive approach. Earlier, the Minister of State for Social Development said that women in a polygamous marriage, for example, would be protected if the polygamist in question was found guilty, since this practice would be criminalized. She said the opposite of the truth. It is very clear that this bill does not contain any provisions enabling conditional permanent residents to remain in Canada if their polygamist partner is deported.

There is an old naval rule that states “women and children first”. The government is going against that rule and actually putting people who are already vulnerable or being abused in a difficult situation.

Another example of this pertains to forced marriages. The bill criminalizes everyone involved in a forced marriage. Yes, it is an offence and a practice that is unacceptable. Criminalizing everyone involved was already introduced in Denmark. What has been the result? Since the law passed in 2008, not a single charge has been laid. Why? Because it would mean asking the young girl being forced to marry to report her family members, who then would become criminals—her uncles, aunts, parents, brothers, sisters and cousins. Imagine the burden this places on the shoulders of these children. It is unbelievable.

At the same time, the bill contains no support measures for either the victims of polygamy or for the young girls being forced to marry—and yet everyone who took part in the Senate committee debate called for such measures, to make sure that the approach adopted is not based on criminalization but rather on support and prevention. We must work proactively, ahead of the situation. We need to make sure that people integrate into our communities with a better understanding of our way of life, our ways of doing things. Young women also need to know their rights.

I would like to come back to the two women who were threatened in my riding. They have rights; they have the right to be free of violence and constraints at the hands of their sponsors. No one explained those rights to them. They believed that if the sponsor mistreated them psychologically, he could have them deported to their home country with no recourse. We need answers and solutions to those issues. Unfortunately, the bill does nothing to address them.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, there are a number of initiatives within Bill S-7 one could argue have some value, such as those that deal with polygamy, forced marriages, early marriage, particularly the setting of a national minimum age of 16, and issues related to domestic violence. Does the member see any value in any aspect of the legislation that the New Democratic Party could support?

Having said that, from a Liberal Party perspective, we have an issue with the title of the bill, in which the Conservatives make reference to culture. The short title is zero tolerance for barbaric cultural practices act. We believe that at the very least, “cultural” needs to be deleted from the short title of the bill.

I wonder if the member might want to provide some comment on both aspects.

[Pierre Dionne Labelle, NDP, Rivière-du-Nord, QC]

Mr. Speaker, I thank the hon. member for his questions.

Indeed, the NDP supports the provisions of the bill on prohibiting marriage for those under 16. I too was struck by the title of this bill, considering that my research shows that a third of the world's population, in all countries combined, lives in polygamy. I get the impression that barbaric is not the right word to describe these countries.

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Mr. Speaker, today I asked Conservative members and a minister a number of questions and their answers were often vague.

For example, I asked them why they wanted to include in this new legislation measures on things that are already covered by other laws and what this bill does for the spouses and children of people deported for polygamy. Their answers remain vague.

Does my colleague think that this is because the bill was put together hastily, that it is botched and that its only purpose is to please the Conservative base?

[Pierre Dionne Labelle, NDP, Rivière-du-Nord, QC]

Mr. Speaker, my dear colleague took the words out of my mouth.

Indeed, this is a botched bill that will likely cause more problems than it solves. Earlier, the Minister of State for Social Development answered my colleague's question about what would become of the wives and children of a person deported from Canada for polygamy, claiming that they would be protected and have recourse. However, the bill includes no such provision. I believe the minister said that just for show.

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

Mr. Speaker, I listened carefully to the remarks made by my colleague from Rivière-du-Nord.

Is it simply an impression, or is there a modus vivendi creeping into the government's bills? In Bill C-51, for example, the government would have Canadians believe that existing police forces and the Canadian Security Intelligence Service are not equipped to fight terrorism.

In Bill S-7, it seems to be saying that potential victims, and we hope that there will never be victims, also have no recourse. The Criminal Code already contains very clear recourse for almost all these situations.

What is going on? Is this a partisan political vision or a real bill to help people who are going to need it?

[Pierre Dionne Labelle, NDP, Rivière-du-Nord, QC]

Mr. Speaker, if the government really wanted to help immigrant women with these issues, it would welcome them and provide them with solutions and support.

Unfortunately, this bill offers nothing in the way of prevention. My colleague is quite right: there are dozens of provisions in the Criminal Code—which I will not name—that already address the problems and provide for the prosecution of those who perpetrate such abuse.

In the Criminal Code we find section 264 concerning assaults, section 265 on sexual assaults, and sections 271 and 273 on kidnapping. I could name 50 Criminal Code sections that would apply to forced marriage or forcing young people to leave the country and be married elsewhere.

[Kerry-Lynne Findlay, Conservative, Minister of National Revenue]

Mr. Speaker, I am very pleased to have the opportunity today to speak to Bill S-7, the zero tolerance for barbaric cultural practices act, regarding Canada's commitment to preventing and responding to early and forced marriage, polygamy or other types of barbaric cultural practices both at home and abroad.

Our government does not shy away from tough conversations about the importance of women's full and equal participation in all aspects of social, economic and political life. The promotion and protection of women's human rights are central to Canada's domestic, foreign and international policy. I am proud to say that our government had made ending child, early and forced marriage a domestic and international policy priority.

For example, in October 2013, our government announced $5 million in new money to address the causes and consequences of early and forced marriage around the world. These funds were used for programs in Afghanistan, Ethiopia, Ghana, Somalia and Zimbabwe. More recently, in July 2014, the Minister of Foreign Affairs announced that Canada is contributing $20 million over two years to UNICEF, toward ending child, early and forced marriage. The UNICEF project aims to accelerate the movement to end child marriage in Bangladesh, Burkina Faso, Ethiopia, Ghana, Yemen and Zambia by supporting efforts in these countries to strengthen both programming and political support to end the practice.

Our government's commitment is not limited to funding. For instance, Canada has spearheaded the initiative to establish the international day of the girl and is co-leading with Zambia a United Nations General Assembly resolution on child, early and forced marriage. Additionally, Canada leads the annual resolution on violence against women at the Human Rights Council as we are a strong supporter of the six UN Security Council resolutions on women, peace and security.

All of this goes to say that our government continues to work domestically and internationally on promoting and protecting the rights of all women and children. Equality of men and women under the law is a fundamental Canadian value that shapes Canadian policy and actions in the international and domestic arenas. Free and healthy societies require the full participation of women. Sadly, in many countries around the world, millions of women and girls continue to be prevented from full participation by violence and intimidation, including through the inhumane practices of early and forced marriage.

The strength of our country is centred on the fact that Canadians of very different origins live and work together, side by side. One of the key elements to this success, prosperity and social harmony of our country is that we are united Canadian citizens, not by our common origins, but rather by a pledge of mutual responsibility and shared commitment to values and traditions rooted in our society.

At the same time, harmful cultural practices that go against Canadian values and are in violation of Canada's international human rights commitments will never be tolerated in Canada. Our government is well aware of cases of Canadian children being taken abroad for an early or forced marriage and has concerns that girls who are from countries where the practice of female genital mutilation is common may be at risk.

Canada is committed to protecting and defending those who are vulnerable to these practices, both domestically and internationally. Our government has demonstrated its leadership in this area by introducing this bill and by continuing to work with our international partners and community members to find ways to end such harmful practices, which are tragically occurring each and every day around the world.

I would like to speak now about how Bill S-7 would protect women and girls here in Canada. The provisions in Bill S-7 would strengthen Canadian marriage laws by establishing a new national minimum age for marriage at 16 years, as well as codifying the existing legal requirements for a free and enlightened consent for marriage. Setting the minimum age to marry across Canada at 16 is consistent with current practices in like-minded countries, such as the United Kingdom, Australia and New Zealand.

Provincial and territorial legislation would still impose requirements for marriages between the ages of 16 to 18 or 19, depending on the age of majority. Requirements such as parental consent or a court order provide added safeguards to permit mature minors between the ages of 16 and 18 to marry in exceptional circumstances. However, given that many forced marriages are perpetrated by parents, parental consent to the marriage of a minor may be insufficient to protect against forced marriage where it is the parents who are forcing the marriage upon an unwilling child. As a result, the Minister of Justice has engaged his provincial and territorial counterparts in a discussion to enhance provincial and territorial legislative measures that would protect young children against forced marriage by imposing judicial consent in any marriages involving a minor.

Bill S-7 also proposes to amend the Criminal Code to create the offences of knowingly celebrating, aiding or actively participating in a marriage ceremony involving a person under the age of 16 or a forced marriage. These new offences specifically address the social harm caused by the public endorsement of an unwanted or harmful legal bond within which sexual violence is expected to occur. These offences will apply to individuals who engage in conduct specifically intended to facilitate the marriage ceremony such as acting as a legal witness knowing that one of the parties is under the age of 16 or marrying against their will.

These proposed new offences would be punishable by a maximum of five years' imprisonment. The proposed amendments would also criminalize taking steps to remove a child from Canada for the purpose of an underage or forced marriage. This is done by adding the new offences in relation to underage and forced marriage to the existing offence of removing a child from Canada to commit female genital mutilation or sexual offences. This offence is punishable by a maximum of five years' imprisonment and Bill S-7 maintains this penalty.

Countries such as Australia and Norway have similar criminal measures, which Canada has looked to in the development of this bill. Other proposed amendments would create a new peace bond that would give courts the power to impose conditions on an individual where there are reasonable grounds to fear that a forced marriage or a marriage under the age of 16 would otherwise occur, or if they will take a child out of Canada with the intent that they be subjected to an early or forced marriage ceremony abroad. Such a peace bond would be used to prevent an underage or forced marriage by requiring an individual to surrender travel documents. These measures that would prevent someone from being taken abroad for the purposes of early or forced marriage are similar to forced marriage civil protection orders in the United Kingdom.

Additionally, the bill proposes to amend the Criminal Code to address concerns that the defence of provocation has been raised in several so-called honour killing cases here in Canada. Unfortunately, we have seen these cases too often on our soil and one victim is one victim too many.

The defence of provocation currently allows a person found to have committed murder, which carries a mandatory sentence of life, to seek a conviction of manslaughter instead with no minimum sentence unless a firearm is used by arguing that the victim's conduct provoked the person to lose self-control and kill. Currently, any conduct by the victim, including insults and other forms of offensive behaviour that are lawful, can potentially qualify as provocation if it is found to be sufficient to cause an ordinary person to lose self-control, the accused was not expecting it and the killing was sudden.

The proposed amendment would limit the defence of provocation so that lawful conduct by the victim that might be perceived by the accused as an insult or offend that person or their sense of family honour or reputation cannot excuse murder. Only conduct by the victim that amounts to a relatively serious criminal offence, that is an offence under the Criminal Code punishable by at least five years in prison, could be argued to be provocation for the purposes of the defence. The provocation defence has been abolished or restricted in almost every common law jurisdiction like Canada, most Australian states, New Zealand and the United Kingdom.

Finally, the bill proposes amendments to the Immigration and Refugee Protection Act to increase the Government of Canada's ability to prevent polygamy from occurring in Canada. The bill would make amendments to the IRPA so that a polygamist permanent resident or foreign national who is or will be physically present in Canada with any of their spouses would be considered to be practising polygamy in Canada.

I have discussed some of the very important aspects of the bill to highlight that Canada is taking concrete action in ensuring that early and forced marriage and similar barbaric cultural practices never occur in Canada as was promised in the October 2013 throne speech. The bill also sends a strong message that Canada condemns such practices, not only domestically, but internationally. I hope that the government will get the support of all hon. members in protecting victims, specifically women and girls.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I thank my colleague for her speech.

The Conservatives have a knack for fixing problems that do not exist. My colleague talked about the defence of provocation, among other things.

It is laudable to prohibit honour killings, but all of the courts that have addressed this concept of defence have found that a culturally oriented concept of honour does not constitute a defence of provocation under the Criminal Code.

Apart from the marketing and propaganda angles in advance of the upcoming federal election, what is the point of introducing an amendment just for this given that the courts have already ruled that it is not a defence of provocation?

[Kerry-Lynne Findlay, Conservative, Delta—Richmond East, BC]

Mr. Speaker, this is such an important issue. It is one that we are taking a stand on as a government. Part of taking a stand is making sure that our laws are in line with the values that we hold dear here in Canada and to protect those most vulnerable. In this case, we are dealing specifically with women and girls.

With respect to the provocation, we are increasing the threshold, because it should no longer be a subjective matter. It should not be one that can even be argued as a defence in a court of law when such a case is brought before it, and that is the point of this legislation.

Our government would ensure that wearing a short skirt or dating someone who one's family does not agree with is not, even in the mind of the perpetrator, considered justifiable because provocation is not specifically limited, as we intend to do with this bill.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, as I indicated earlier, the Liberal Party is comfortable supporting certain values within the legislation before us. We recognize that there are particular issues that would deal with polygamy, forced marriage and the whole of idea of early marriage, with 16 being a national minimum that the government would set. It also deals with other issues in a small but important fashion, such as domestic violence.

The issue that we have taken up with the government, and for which I understand we will move an amendment on, is in regards to the short title. It is the short title that many people feel somewhat offended by, zero tolerance for barbaric cultural practices act. We would take nothing away from the legislation by deleting the word “cultural”, yet it is quite offensive for many people who share the same values that we all have inside this chamber towards the attitudes that the member has talked about.

Would the member not agree that dropping the word “cultural” from the short title would do nothing to minimize the effectiveness of the legislation that the government is putting forward and, in fact, would then make it that much better in terms of legislation?

[Kerry-Lynne Findlay, Conservative, Delta—Richmond East, BC]

Mr. Speaker, as far as the title is concerned, it is very important that we take a stand here as Canadians, to stand up for Canadian values. I think it also very important that we make very clear what it is that we are standing up against. Hence, we will not tolerate cultural traditions in Canada that deprive individuals of their human rights. The reason for that term in the title is because there are countries where some of these practices are not illegal or where they are illegal, those laws are not enforced.

Therefore, we want to make it very clear where Canada stands on these issues for the protection of women and girls who are very vulnerable with respect to these issues. We want to make it clear to new Canadians coming here that in Canada this is not what we expect or accept, and that is why those words are in the title.

Our government believes that subjugating a woman is wrong, period.