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 was last introduced in 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 often publishes better independent summaries.

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.

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 23rd, 2015 / 5:10 p.m.
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Newmarket—Aurora Ontario

Conservative

Lois Brown ConservativeParliamentary Secretary to the Minister of International Development

Mr. Speaker, first I would like to say that I do not believe there is any such thing as an honour killing. I think all killings are criminal, and we need to look at them through that lens.

When I had the opportunity to speak to the bill when it was last before the House, I was able to tell the House a little bit about my visit to England last summer where I participated in the Girl Summit that was hosted by Prime Minister David Cameron. There were women from all around the world. There were men from all around the world who were there to discuss the very issues that we are discussing today.

Great Britain has realized that it has its own challenge with early and forced marriage, and it is particularly dealing with that issue.

While I was there I listened to Malala's father, who spoke very eloquently about the issues relating to girls. I wrote down his quote, and I wonder if my colleague might have some thoughts that she could share with the House. He said, “We should work on tomorrow's fathers. Why should I be a different father to my daughter than I am to my son?”

Does my colleague have any thoughts on how we can work with a new generation of young men particularly here in Canada and impress on them the value of girls?

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March 23rd, 2015 / 5:15 p.m.
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Conservative

Diane Ablonczy Conservative Calgary Nose Hill, AB

Mr. Speaker, I thank my colleague for the tremendous work she is doing, a lot of it under the radar, to really support measures that foster and that affirm the equality of all, regardless of gender. This is such an important message.

Sadly, in many places of the world, there is still the idea that women and girls have no value, that they are simply chattels to be used and abused as males in the society feel appropriate.

As Canadians we are so fortunate to live in a society where that kind of discrimination is completely rejected. That is why we brought forward the bill, so that as circumstances come to our attention, as society grapples with some of these things such as honour killings and forced marriages, we have the tools to stop it in its tracks and protect Canadian society as a place where women are treated with dignity, respect and the equality that we believe in so passionately.

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March 23rd, 2015 / 5:15 p.m.
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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, I am grateful for the opportunity to bring some clarity to such a sensitive debate, while the government and the majority are actively causing confusion.

I want to begin by reaffirming my unwavering opposition to polygamy, forced marriage and underage marriage. As it happens, I have met with women who are victims of these practices. I do not have harsh enough words to condemn such violence and how it undermines women's dignity. These are practices I have fought against my entire life.

As a member of Parliament, I would be pleased to support any bill that would provide more protection for the victims or help prevent these crimes. However, Bill S-7 just confirms the government's ongoing trend. In March 2012, the Conservatives introduced new legislative measures regarding spousal relationships whereby the sponsored person must live with their sponsor for a period of two years. These measures include a penalty of deportation or a criminal charge if this condition is not met by the sponsored person. I want to remind hon. members that this provision was harshly criticized, and rightly so. Sponsored women who are victims of spousal abuse have no choice but to suffer the violence under threat of deportation. We see how compassionate the Conservatives can be. In April 2014, the hon. member for Mississauga South moved Motion No. 505 to supposedly deal with forced marriages through proxy marriages. I strongly opposed that motion at the time. I am opposing Bill S-7 for the same reasons.

With these various measures, the government is causing confusion and perpetuating xenophobic stereotypes. The increasing number of laws that associate cultural practices with violence against women shows that the government is willing to exploit this tendency in a thinly veiled attempt to win votes. The bill title alone, the zero tolerance for barbaric cultural practices act, shamefully equates violence against women with certain cultural communities. This is a disgraceful way of doing things. It is ethnocentric and promotes the mistaken idea that violence against women occurs only within cultural minorities. The government is targeting racial minorities by perpetuating offensive stereotypes rather than introducing constructive measures to prevent violence against women.

This bill, like the other legislative measures I mentioned, is not only shameful, it will be ineffective. It will not solve the problems it claims to address since the Criminal Code, specifically sections 273.3 and 292, already provides recourse for the offences created in this bill. What is worse, as in the previous examples, this bill politicizes the issue of sexual violence, and the criminal offences it proposes will only exacerbate the problem. The fight against violence against women begins on the ground. In order to win that fight, we must work with all of the partners available, including those in cultural communities, in order to develop and implement a preventive approach. The bill title alone is a major obstacle to establishing such partnerships with people that this government considers “barbaric”.

Beyond the matter of the title, some aspects of this bill jeopardize the safety of women and undermine efforts to combat violence against them. Bill S-7 would amend the Immigration and Refugee Protection Act to supposedly help combat polygamy. The fact that, under the bill, the mere suspicion of polygamy can result in inadmissibility to Canada or removal orders will have serious repercussions for women.

The testimony of Avvy Yao-Yao Go, the clinic director of the Metro Toronto Chinese and Southeast Asian Legal Clinic, during the Senate committee's study was particularly enlightening:

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.

With respect to forced marriages, the measure providing for a prison sentence for anyone involved could prevent potential witnesses from speaking out.

I strongly believe that the criminalization provisions will be counterproductive. The government should opt to take the constructive method proposed by my colleague from Pierrefonds—Dollard in Motion No. 503 on forced marriage. This motion called on the government to increase funding to organizations working with potential or actual victims.

The organizations working on the ground, which do unbelievable work, have too few material resources. This causes some serious problems, especially when it comes to getting victims to speak out against the practices that victimize them. The government cannot simply punish people. It needs to give organizations in this field the means to protect victims and prevent these crimes.

We would also like to see a consultation process involving women, communities, organizations and experts to form a true picture of the issue and identify the best ways to address it.

I am astounded that the government is refusing to work with the people involved on the ground and to take the necessary measures to accurately quantify this phenomenon.

Other countries have already studied this issue and implemented measures, and we think we should follow their example. The United Kingdom has adopted a method that allows victims to choose between a civil process and a criminal process in the event of prosecution. Giving victims that power can give them the confidence they need to get help and report an individual without necessarily sending family members to jail. What happened in Denmark is also interesting, but for exactly the opposite reason. In 2008, Denmark introduced criminal offences similar to those set out in Bill S-7. In the seven years since, not one criminal has been brought to justice. This shows that Bill S-7's criminalization approach hurts victims by preventing them from reporting crimes.

Our primary objective should be to fight violence against women and help victims, not hurt them, which is what Bill S-7 could end up doing. We need to put an immediate stop to this stigmatizing rhetoric and adopt the proactive approach outlined in my colleague's Motion No. 503.

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March 23rd, 2015 / 5:20 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, a number of thoughts come to mind in regard to the government's approach to this legislation.

One of the issues is that member after member from the Conservative Party will talk about how appalled they are at violence against women, domestic abuse and so forth. However, I could talk at great length about other areas where we could be investing much more of our time here in the House. For example, members of opposition parties have been calling for a public inquiry into murdered and missing aboriginal women and girls for a long time now. They are now joined by mayors, premiers, and many different stakeholders from coast to coast to coast on the issue.

When we look at the bill, the government has obviously made it a very high priority, yet it seems to take very small steps in two or three areas.

The part that seems to be most controversial is the name itself. I wonder if the member could provide her thoughts on this question. If the government were to accept an amendment to change the name of the legislation, would the NDP be more open to supporting the legislation?

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March 23rd, 2015 / 5:25 p.m.
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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, first of all, I thank my colleague for his question and for reminding everyone that the NDP has been calling on this government to launch an inquiry into the missing and murdered aboriginal women. Indeed, we need to bring in legislation or even a motion to really help women who are victims of violence of any kind. We are not here to criminalize them or further victimize them. Clearly, Bill S-7 has no place here. I urge all members of the House to oppose it.

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March 23rd, 2015 / 5:25 p.m.
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NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, they say that an ounce of prevention is worth a pound of cure.

The government claims to be a good administrator. However, if we look at just the administrative side of this bill, it seems to me that prevention measures would be better than punitive measures.

What are my colleague's thoughts on that, from a purely administrative point of view?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / 5:25 p.m.
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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, I thank my colleague for her very good question.

Of course, from a purely administrative point of view, we are well aware of all the positive effects of prevention. Likewise, when we create prevention programs, we must inform and educate the people concerned.

In a society that claims to be evolved and civilized, it is high time we began with prevention, which should be at the heart of all our policy decisions.

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March 23rd, 2015 / 5:25 p.m.
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NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, with regard to my colleague's speech, I would like to reiterate the importance of avoiding extreme positions.

In any political position, it is important to reflect Canada and be nuanced and balanced. We must not be on either end of the spectrum.

Just by introducing this bill, the government is trying to influence people or scare them, not through the content of the bill, but by exploiting certain prejudices. I invite all the members of the House to be careful and avoid extremes.

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March 23rd, 2015 / 5:30 p.m.
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NDP

Sadia Groguhé NDP Saint-Lambert, QC

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

In closing, I would like to quote Claude Lévi-Strauss:

The barbarian is, first and foremost, the man who believes in barbarism.

Believing in barbarism is to divide humanity into the “civilized” and the “savages”.

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March 23rd, 2015 / 5:30 p.m.
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Conservative

Jay Aspin Conservative Nipissing—Timiskaming, ON

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

As a member of the Standing Committee on Citizenship and Immigration, I am pleased to see that our government is taking action in protecting young women and girls. Last year, the committee undertook a study, “Strengthening the Protection of Women In Our Immigration System”, and I am pleased to see that some of the recommendations and comments from witnesses were taken into account when creating the bill.

I am proud to say that Canada has made ending child, early, and forced marriages a priority. In October 2013, Canada announced $5 million in new money to address the causes and consequences of early and forced marriages 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.

Canada also played an important role in bringing world attention and action to this issue of child, early, and forced marriage, through actions such as spearheading the initiative to establish the International Day of the Girl Child, and co-leading with Zambia a United Nations General Assembly resolution on child, early, and forced marriage.

These barbaric practices predominantly affect women and girls and impair their rights and ability to fully participate in society. Equality of men and women under the law is a fundamental Canadian value that shapes Canadian policy and actions both in the international and domestic areas. 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 because of violence, including through inhumane practices of early and forced marriage.

It is both the reality and the strength of our country that Canadians of very different origins live and work side by side together. New Canadians work hard to learn our languages, our values, and our traditions, and in turn are welcome as equal members of the Canadian family. The languages, cultures, and traditions of new Canadians add to the diversity of Canada, which enriches our lives. At the same time, harmful cultural practices that go against Canadian values and are in violation of Canada's international human rights commitments will not be tolerated in Canada.

Our government is aware of the cases of Canadian children being taken abroad for early forced marriage. Canada is committed to protecting and defending those who are vulnerable to these practices, both domestically and internationally.

This summer, the Minister of Citizenship and Immigration participated in several consultations on these issues across the country. Participants told the minister that early and forced marriages are still a harsh reality in Canada.

Our Conservative government has demonstrated its leadership in this area by introducing the bill and also continuing to work with our international partners and community members to find ways to end such harmful practices, which tragically are happening each and every day around the world.

Bill S-7 will strengthen Canadian marriage laws by establishing a new national minimum age for marriage of 16 years. Currently, only in Quebec is the minimum age of marriage set at 16 years. This is because specific federal laws apply only in Quebec. In other parts of Canada, the common law applies. The bill will now set 16 years as the minimum age for marriage across Canada. Some may query why the bill has not raised the minimum age to marry to the age of 18.

The approach in the bill seeks to balance the protections for children against flexibility to reflect the choices of mature minors between the ages of 16 and 18 who make a commitment to one another, such as those who have a child together. It also aligns with the approaches taken in other like-minded countries.

Bill S-7 also contains measures that would amend the Criminal Code to criminalize certain conduct related to underage and forced marriage ceremonies by knowingly officiating or knowingly and actively participating at an underage or forced marriage. For example, these offences may 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 will be punishable by a maximum of five years imprisonment.

Proposed amendments will also criminalize removing a minor from Canada for a forced or underage marriage. This is done by adding the new offences in relation to underage and forced marriage in 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. 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 in this bill are prevention measures that will provide courts with the authority to issue peace bonds and conditions on an individual when there are reasonable grounds to believe that a forced marriage or an underage marriage will otherwise occur. As part of the conditions that would be available, a court could order a defendant to avoid making any plans or arrangements for a marriage, whether inside or outside Canada, to surrender travel documents or to participate in a family violence counselling program.

The creation of specific forced or underage marriage peace bonds to prevent someone from being taken abroad for the purposes of early or forced marriage is similar to forced marriage civil protection orders in the United Kingdom. In addition, Bill S-7 would amend the Criminal Code to ensure that the defence of provocation would not apply in so-called honour killings and many spousal homicides. 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 will 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, such as 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 either been abolished or restricted in almost every common law jurisdiction like Canada, such as most Australian states, New Zealand and the United Kingdom.

Finally, to better prevent polygamy from occurring on Canadian soil, Bill S-7 would create a new ground of inadmissibility in the Immigration and Refugee Protection Act for practising polygamy. A criminal conviction or finding of misrepresentation is currently required before polygamists can be found inadmissible.

The bill would make amendments to the IRPA so polygamist permanent residents or foreign nationals who are or will be physically present in Canada with any of their spouses would be considered to be practising polygamy in Canada. The permanent resident or foreign national could be found inadmissible on that basis alone, without requiring evidence that the person misrepresented their situation or has a criminal conviction.

I have discussed some of the very important aspects of this bill, which sends a strong message that Canada condemns barbaric cultural practices not only domestically but internationally as well.

Canada has and will continue to be seen as an independent leader on these important international rights. While the opposition refuses to even call these practices “barbaric”, it is clear that our government is taking action to prevent these barbaric practices from occurring on Canadian soil.

I hope all hon. members of the House will support this important legislation that will protect victims, predominately women and girls, from such intolerable and inhumane practices.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / 5:40 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I listened to my colleague's speech and we must admit that his main point is rather absurd.

The short title of this bill, which seeks to eliminate barbaric cultural practices, is obviously offensive. It is tinged with racism. Furthermore, we might ask why the Conservatives are trying to use this type of title and this type of bill. It is probably for election purposes. While we are at it, we could debate other barbaric practices. Perhaps we could discuss torture or the use of information obtained by torture.

I would like to know what my colleague thinks of torture, for example. Is that a barbaric practice?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / 5:40 p.m.
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Conservative

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.

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March 23rd, 2015 / 5:40 p.m.
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Liberal

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.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 23rd, 2015 / 5:40 p.m.
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Conservative

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.

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March 23rd, 2015 / 5:45 p.m.
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NDP

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.