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

[Jay Aspin, Conservative, Nipissing—Timiskaming, ON]

Mr. Speaker, I do not understand why the NDP does not get it. This is very simple. For the purposes of this initiative, the term “barbaric cultural practices” encompasses forms of gender-based family violence, early, forced and polygamous marriage, female genital mutilation and honour based violence. There is nothing racist about that. It is very simple, and I do not understand why the NDP is against the measures that we would put in place to stem these practices.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, maybe I can provide some clarity for the member. There is the content of the legislation itself, which deals with polygamy, forced marriage and early marriage by setting a minimum age. It also deals in part with some domestic violence issues.

We then have the short title, which has offended a great number of people for a wide variety of reasons. It is not understood why the Prime Minister's Office has determined that we have to incorporate the word “cultural” into the short title. Ultimately, it would not have any bearing on the legislation when the courts of Canada deal with it. They do not look at the short title of a bill and say that they have to use it as part of their interpretation in a disposition.

The government seems to want to make a political statement. The connotation of that political statement in the eyes of many, especially stakeholders and others, including myself, is that there is a racial component to it.

Why incorporate the word “cultural”? I am not interested in what the Prime Minister's Office has to say. I have heard a lot of the rebuttal coming from the Prime Minister's Office. I am interested in the member's personal opinion on that issue.

[Jay Aspin, Conservative, Nipissing—Timiskaming, ON]

Mr. Speaker, in the title, “cultural” does not refer to any one individual culture. In fact, many of the issues that we are concerned about are clearly present in a number of different cultures. A number of people who have been accused of these horrible and barbaric practices tell the courts how they treat women or how they treat their daughters as part of their culture. It is important to point out exactly what this is.

Furthermore, this question comes from a member whose party leader does not want to call these practices “barbaric”. We say exactly what they are. They are barbaric cultural practices and they have no place in Canada.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I rise today to speak to Bill S-7, which has a rather odd title. We are debating the Zero Tolerance for Barbaric Cultural Practices Act.

I listened to several colleagues on the opposite side of the House, and also on this side, talk about the title. We are talking about the title because the government clearly intends to start this debate in a rather extreme way. The government is generalizing. That has been the trend recently with the government and the Prime Minister. We also heard several Conservative members attack a culture or a cultural community that has already been targeted by a great deal of generalization. The Conservatives clearly intend to breed a culture of fear, whether through the debate in the House on what will happen with Canada's intervention in Iraq or through its practice of pigeonholing certain communities.

As a member of a cultural community myself, I believe that the government is intentionally seeking to divide people with its approach. The government wants to tackle this issue. We see that. Obviously, the Conservatives came up with a certain directive so that they could go back to their ridings, go on the radio and tell women to go back where they came from if they do not like how things are done in Canada. Unfortunately, that is what the chair of the Standing Committee on Transport, Infrastructure and Communities did. I am a member of that committee.

To come back to the debate we are having today on Bill S-7, let us be clear: the NDP is against forced marriage, underage marriage and polygamy. These issues are clear. Despite the rhetoric that we are hearing from the other side of the House, I think everyone here and all Canadians agree on these issues.

However, the government's level of debate is somewhat shameful. I am talking about form. With regard to the substance of the debate, when we listen to the Conservatives speak, we hear a bit about the main objective. However, the problem is the same as it is with many bills. I was a member of the Standing Committee on Justice and Human Rights for a short time and I saw Conservative bills that created criminal offences. When it comes to criminalization, the Conservatives' motto is law and order. As a result, they are making everything a crime. They are going to put people in prison. They are going to build megaprisons and that is how they are going to solve society's problems. Unfortunately, that is a very dogmatic approach that is so typical of the Conservatives. It really is their way of doing things. However, the problem with that is that they do not think about the people who will be affected.

In this particular case, when we talk about forced marriage, for example, we are talking about women and children, who are the most likely victims. They will technically be victims of the Conservatives' bill. That is why I will explain why I oppose this bill. The government comes in with a sledgehammer and says that we will throw people in prison without looking at the facts or listening to stakeholders. The government makes a broad generalization and then says that this is the solution. The government has no data on forced marriages, and we have no statistics to know what is going on in Canada. What is really happening?

As sensible legislators, we must look at what other countries are doing. I want to cite one of the examples given today, which I will continue to reference. If we look at what happens in Denmark, for example, we can see that a bill somewhat similar to the government's bill was passed in 2008, if I am not mistaken. Since then, not a single charge has been laid and there has been no meaningful impact.

Once again, the government has come to us with a bill that claims to change everything and fix everything, but in reality it does not address a real problem. Let me clarify. I am not saying that the situation is not a problem. I agree that forced marriages are a problem and that we are against them. However, the government's reaction is excessive. I am not defending the practice. I am simply thinking about the victims.

They want to deport or imprison people who practice polygamy, but that would victimize the women and children. The fact is that most of the people who practice polygamy are men, but the women, who do not always know it, end up suffering the consequences of this crime. Basically, I am worried about these children and these women.

Some of the measures in this bill are already in the Criminal Code. For example, we know that polygamy is not allowed in Canada, and that makes sense. The same applies to forced marriages.

The NDP is opposed to the government's approach because we have a different philosophy: prevention. It is not right to make such practices a crime without considering the consequences for families, women and children. We think prevention should come first. That is why I am so proud of Motion No. 563, which was moved by my colleague, our immigration critic. This motion outlines all of the measures we need to take. Here it is:

That, in the opinion of the House, forced marriages are a crime that constitutes violence against women and consequently, the government should: (a) strongly condemn the practice; (b) increase funding to organizations working with potential or actual victims; (c) consult with women, communities, organizations, and experts to form a true picture of the issue and to identify the best ways to address it; (d) allow women with conditional permanent resident status to remain in Canada if their partners are deported due to polygamy or forced marriage; (e) invest in information programs tailored to immigrant women; (f) develop culturally appropriate training programs for service providers dealing with immigrant women such as the police and social workers, as well as officers of the Canada Border Service Agency and the Department of Citizenship and Immigration; (g) restore funding to Status of Women Canada; and (h) implement the NDP’s national plan for a strategy to address violence against women.

I am proud of this motion moved by my colleague, our immigration critic, because it clearly explains our vision and our proposal. At the risk of repeating myself, the Conservatives favour criminalization while ignoring the consequences and without any prevention measures. When we talk about criminalization, it is all about a deed already done. It is about introducing punitive measures and putting people in prison.

We in the NDP believe in investing in prevention and education. It is not through bills with titles that include terms like “barbaric cultural practices”—and so many other Conservative bills—that we will promote dialogue and education. On the contrary, this shows a certain closed-mindedness.

I am not saying that the practices targeted by this bill are acceptable. On the contrary, they are completely unacceptable. However, as an elected member, it saddens me to hear the Prime Minister, some members and even ministers say things that make an entire cultural community in our society feel like it is under attack. This is not coming from me. Unfortunately, the Conservative government clearly had every intention of attacking certain cultural communities for purely partisan political purposes. It is troubling.

For that reason, and all the other reasons I mentioned earlier, I will be opposing this bill at second reading. The government should listen to what the opposition has to say, consult the experts and, above all, do its homework so that it really understands the consequences of its actions for the people it is trying to protect.

[Chungsen Leung, Conservative, Parliamentary Secretary for Multiculturalism]

Mr. Speaker, I heard the comments of my colleague. The member opposite does not quite understand that we are not targeting one culture or one cultural community, but those who use their culture as an excuse when practising these barbaric acts. People come to Canada to participate in a shared value, and these barbaric practices are certainly not our shared value.

Let me quote a human rights lawyer, Taima Al-Jayoush, who had this to say about the bill:

When we describe a crime as “barbaric” we are simply calling it what it is. No one should identify with it except the ones who have committed such a crime. It is not directed at any certain community.

Why will the opposition not stand up for these victims and take action? Since this is an important piece of legislation, it should not be playing a political game at this time. It should stand up for people's lives.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, as I mentioned—and I hope he listened to what I had to say—our concern is with the victim. We want to make sure that the victims are protected, and that is one of the problems New Democrats have with this bill.

This measure is not about prevention. The government is actually cutting funds for Status of Women.

On the one hand, as I explained, the bill simply criminalizes people, without really tackling the problem itself. The Conservative government has cut social programs, which has had a direct impact. I have met with community organizations that have told me that their funding has been cut.

These are organizations to help immigrants get involved and get integrated, and that is what the government is cutting. It is cutting funds to these organizations, and New Democrats see the problems that arise from that. Our concern is actually about the victims, the women and kids, who are affected by that. The government's actions are actually making it worse for them.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I would like to pick up on the member's comments about the NDP motion that he referred to regarding deportations, and the example that a spouse who has been subjected to abuse would be able to stay in Canada.

My question is about temporary visas or refugee claimants when deportations are involved. Is it the NDP's position, then, that in those two instances, if domestic violence is claimed, those people would also be allowed to stay in Canada?

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I have a quote from the clinic director of the Metro Toronto Chinese and Southeast Asian Legal Clinic. It is pretty clear, so I will read it. It states:

Attacking the issue of domestic violence through the lens of immigration and criminal law is wrong-headed. The bill seeks to deport people who are engaged in polygamy, and that would include the very women that the government claims it's trying to protect. The denial of permanent and/or temporary resident status to people involved in polygamous relationships will not have the desired effect of protecting women; it will simply bar women in such relationships from coming to Canada.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, I rise today on behalf of the constituents of Fleetwood—Port Kells to speak in this House in support of Bill S-7, the zero tolerance for barbaric cultural practices act. If the measures in this bill are implemented, they will amend the Immigration and Refugee Protection Act, the Civil Marriage Act, and the Criminal Code to add further protection for vulnerable individuals, in particular women and girls.

Unfortunately, gender-based violence is a sad reality for women and girls across this country. Whether they are Canadian-born or newcomers to Canada, in too many cases the violence comes in the form of abusive cultural practices that have no place in this country. I am speaking about practices such as polygamy, underage marriage, forced marriage, and so-called honour killings. These abusive practices have damaging and wide-ranging consequences for the victims, and they also harm victims' children, homes, and communities. Indeed, they severely affect all those involved, from influencing whether individuals can successfully immigrate to Canada to breaking down opportunities for integration and economic success.

Our Conservative government made a strong commitment in the recent Speech from the Throne to prevent and counter violence against women and girls within the borders of this country. The zero tolerance for barbaric cultural practices act is a concrete example of this commitment. Its proposed measures are worthy of the support of all parliamentarians, because they would clearly help ensure that barbaric cultural practices do not occur on Canadian soil. Bill S-7 would send a clear message to newcomers to Canada, as well as to those who are already part of Canadian society, that such practices are unacceptable here.

The Minister of Citizenship and Immigration participated in many round tables and consultations across Canada. Participants told the minister that early and forced marriage, so-called honour killings, and polygamy still occur in Canada. These practices that occur across all cultures and ethnicities will not be tolerated in Canada, and our immigration system will not be used as a vehicle to perpetuate these acts. This bill reinforces the message that these practices are completely incompatible with Canadian values and will not be tolerated.

As I said, one of these practices is polygamy, which although illegal in Canada, is an accepted practice in a number of other countries around the world. In a 2011 ruling that upheld the constitutionality of Canada's polygamy law, Chief Justice Bauman, of the B.C. Supreme Court, found that there were physical, psychological, and social harms associated with the practice of polygamous marriages. He found that women in polygamous relationships “face higher rates of domestic violence and abuse, including sexual abuse”, that “[c]hildren in polygamous families face higher infant mortality” and “tend to suffer more emotional, behavioural and physical problems, as well as lower educational achievement”, that polygamous families face “higher levels of conflict, emotional stress and tension”, and that “[p]olygamy institutionalizes gender inequality”.

For these reasons and more, we must enact measures that increase our ability to prevent polygamy from occurring on Canadian soil. Bill S-7 would do so by enhancing existing immigration tools to render both temporary and permanent residents inadmissible for practising polygamy in Canada.

Of course, polygamy is not the only cultural practice that contradicts Canadian values and that causes harm to its victims. That is why Bill S-7 contains measures to help counter early and forced marriages. These measures include setting a national minimum age of 16 years of age for marriage. Currently there is no national minimum age for marriage in Canada. Federal law, which applies only in Quebec, sets the minimum age at 16.

In other parts of Canada common law applies. There is some uncertainty about the common law minimum age, but it is generally considered to be 12 for girls and 14 for boys. Although in practice very few marriages in Canada involve people under the age of 16, setting a national minimum age of 16 or older for marriage would make it clear that underage marriage is unacceptable in Canada and will not be tolerated here.

Other proposed amendments to the Civil Marriage Act in Bill S-7 include codifying the requirement that those getting married must give their free and enlightened consent to marry each other and the requirement for the dissolution of any previous marriage. In addition, Bill S-7 contains measures that would amend the Criminal Code to help prevent forced or underage marriage and would create a new peace bond that could be used to prevent an underage or forced marriage, for example, by requiring the surrender of a passport, as well as preventing a child from being taken out of Canada.

Also notable are the measures in the bill that address so-called honour killings, which are usually premeditated and committed with some degree of approval from family or community members. However, in some cases they may also be alleged to be spontaneous killings in response to behaviour by the victim that is perceived to be disrespectful, insulting or harmful to a family's reputation. In Canadian law, an individual facing murder charges can raise the defence of provocation. If this defence is successful, it can result in a reduced sentence.

The defence of provocation has been raised, so far unsuccessfully, in several so-called honour killing cases in Canada. Accused murderers have claimed that real or perceived marital infidelity, disrespect, defiance or insulting behaviour on the part of the victims toward their spouse, sibling or parent provoked the killing.

This provision may or may not have yet been successful, but what happens if it is successful one day? We must not take the chance. No one should be able to use the defence that they violently harmed another because they were provoked. It is simply contrary to Canadian values for lawful behaviour by a person, no matter how it may be perceived as insulting, to excuse their murder.

That is why measures in Bill S-7 would amend the Criminal Code so that such legal conduct by a victim could never be considered as provocation.

In conclusion, I am sure all my hon. colleagues would agree that we must stand up for all victims of violence and abuse and take necessary action to prevent these practices from happening on Canadian soil. That is exactly what we would be doing by ensuring the bill's passage into law, and that is exactly why I hope everyone in the House will join me in supporting the passage of Bill S-7. I hope all hon. members of the House look past politics and vote in favour of the bill.

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

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

The Conservatives' speeches unfortunately sound a bit like the speeches charlatans made in days gone by, when they tried to sell healthy people remedies that would solve all their problems and whatever was ailing them and even give them more energy.

In reality, this bill seeks to replace a host of Criminal Code provisions that in fact prevent assault-related abuses. Obviously, I am not talking about murder. We can talk about threats and coercion, but the troubling thing is that this comes back again to the famous defence of provocation, and it is applied strictly to one category of murder with a racist connotation or, in any case, to only a small part of the population.

I would like my colleague to tell me why this is being applied to that category, where this defence has never managed to prevent a conviction, when this exists for other categories of murder, which are just as unacceptable.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, let me be very clear. The zero tolerance for barbaric cultural practices act demonstrates that openness and generosity does not extend to early and forced marriages, polygamy, or other types of barbaric cultural practices.

Canadians, as I said in my speech, will not tolerate any type of violence against women and girls, including spousal abuse, violence in the name of so-called honour, or other violence. Those found guilty of these crimes must be severely punished under Canada's criminal laws.

The purpose of this proposed legislation is to stand up for the victims of violence and abuse and to send a very clear and strong message to those in Canada, and those wishing to come to Canada, that such practices will not be tolerated on Canadians soil.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, other Conservative speakers have said that this is meeting their goals and objectives from the 2013 throne speech. I would suggest that they have set the bar relatively low.

Violence and abuse of women and girls is a very serious issue, but does this legislation make a difference? There are some aspects, to which I have made reference all afternoon, that would make some difference. It is a step forward. However, it is nowhere near what the Conservatives are trumpeting from the rooftops in terms of what it actually does.

There is a great number of Canadians who are offended by the decision from the Prime Minister's Office to incorporate the cultural aspect in the short title.

My last question is to the member because we are under time allocation. Given the importance of the issue, why does she believe that the government incorporated such a provocative short title, which would not be utilized in a court of law. It is more of a political statement coming from the Prime Minister's Office. Why does she feel that “cultural” has to be incorporated in the short title when it offends so many Canadians?

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, let me repeat that our government announced its commitment to take these steps in the 2013 Speech from the Throne. This was followed up in the 2015 series of round table consultations, led by our Minister of Citizenship and Immigration, on violence against women in the context of immigration.

We think Bill S-7 is also consistent with the aims of the House of Commons Standing Committee on Citizenship and Immigration on the issue of protecting women in our immigration system. These actions contained in the bill build on existing initiatives that are aimed at ensuring that immigrant women and girls in vulnerable situations have access to support and services that meet their unique needs.

The zero tolerance for barbaric cultural practices act sends a clear message to those coming to Canada that forced marriages and honour-based violence, or any other forms of barbaric cultural practices, are unacceptable and will not be tolerated.

The bill therefore deserves the full support of all the members on both sides of the House.

[The Deputy Speaker, Joe Comartin]

Order. It being 6:15 p.m., pursuant to an order made on Thursday, March 12, 2015, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.