Zero Tolerance for Barbaric Cultural Practices Act

An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts

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

Status

This bill has received Royal Assent and is now law.

Summary

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

Part 1 amends the Immigration and Refugee Protection Act to specify that a permanent resident or foreign national is inadmissible on grounds of practising polygamy in Canada.
Part 2 amends the Civil Marriage Act to provide for the legal requirements for a free and enlightened consent to marriage and for any previous marriage to be dissolved or declared null before a new marriage is contracted. Those requirements are currently provided for in the Federal Law—Civil Law Harmonization Act, No. 1 only in respect of Quebec and under the common law in the other provinces. It also amends the Civil Marriage Act to provide for the requirement of a minimum age of 16 years for marriage. This requirement is currently provided for in the Federal Law—Civil Law Harmonization Act, No. 1 only in respect of Quebec.
Part 3 amends the Criminal Code to
(a) clarify that it is an offence for an officiant to knowingly solemnize a marriage in contravention of federal law;
(b) provide that it is an offence to celebrate, aid or participate in a marriage rite or ceremony knowing that one of the persons being married is doing so against their will or is under the age of 16 years;
(c) provide that it is an offence to remove a child from Canada with the intention that an act be committed outside Canada that, if it were committed in Canada, would constitute the offence of celebrating, aiding or participating in a marriage rite or ceremony knowing that the child is doing so against their will or is under the age of 16 years;
(d) provide that a judge may order a person to enter into a recognizance with conditions to keep the peace and be of good behaviour for the purpose of preventing the person from committing an offence relating to the marriage of a person against their will or the marriage of a person under the age of 16 years or relating to the removal of a child from Canada with the intention of committing an act that, if it were committed in Canada, would be such an offence; and
(e) provide that the defence of provocation is restricted to circumstances in which the victim engaged in conduct that would constitute an indictable offence under the Criminal Code that is punishable by five years or more in prison.
Finally, the enactment also makes consequential amendments to other Acts.

Elsewhere

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

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

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

Votes

June 16, 2015 Passed That the Bill be now read a third time and do pass.
June 15, 2015 Passed That Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 9, 2015 Passed That, in relation to Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
March 12, 2015 Passed That, in relation to Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill S-7—Time Allocation MotionZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 10:45 a.m.


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NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, I am so disappointed in what the minister has been saying this morning. At this point, everyone can see that there are good reasons the NDP has for years been calling for more funding for police forces and those working on the ground.

What we are hearing clearly this morning is that they want to stifle the debate and send out messages from an electioneering perspective. They want to pique the interest of the people their party is constantly sending messages to about current events and urging to donate money to their campaign.

There is a debate going on this morning, but we are being prevented from speaking. If the minister believes that Bill S-7 is a priority, then how does he explain the previous 90 times?

Bill S-7—Time Allocation MotionZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 10:40 a.m.


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Liberal

John McCallum Liberal Markham—Unionville, ON

Mr. Speaker, in terms of Bill S-7, the Liberals will be proposing an amendment that, instead of the bill's short title referring to “barbaric cultural practices”, the word “cultural” be eliminated and it simply be “barbaric practices”.

The reason for this is that such practices are not limited to any one community. There is Bountiful in British Columbia, which is Christian. There was a Jewish group in Quebec.

The word “cultural” is taken to be demeaning to the Muslim community, among others perhaps. I know the minister is highly aware of insults to the Muslim community in which he has indulged, not appearing to know the difference between a hijab and a niqab.

However, the general point is that I do not think the word “cultural” is necessary. It can be taken away. I wonder if the minister would agree to that amendment.

Bill S-7—Time Allocation MotionZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 10:40 a.m.


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Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Mr. Speaker, we are talking here about Bill S-7. We are talking about women and girls facing forced or underage marriages. The members opposite from Gatineau and Newton—North Delta keep saying that the justice system already offers enough protections.

What should we tell the hundreds of women and girls who are victims of this type of crime and had no protection? They were literally taken from their homes, forced to leave Canada, forced to marry abroad without their consent and return here, against their will, to spend their life with that person. The existing protections are not enough. That is what people and stakeholders across the country told us quite clearly.

Why is the NDP not listening to those people?

Bill S-7—Time Allocation MotionZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 10:35 a.m.


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Richmond Hill Ontario

Conservative

Costas Menegakis ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, Bill S-7 is the product of a report that came out after extensive study done by the citizenship and immigration committee in the House. We have heard extensive debate in this House, as has been heard in the Senate. To continue to hear regurgitated speeches that are not only repetitive but ad nauseam repeating of the same points over and over, does not add to the quality of the debate as the Liberal member was so eloquently trying to explain.

However, I want to ask the minister this question.

Bill S-7—Time Allocation MotionZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 10:20 a.m.


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NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Mr. Speaker, just a few minutes ago, the minister said he was looking forward to hearing from witnesses at committee on Bill S-7. Well, I have some doubts about his comments that I would like to share, if I may.

First of all, just this week, some newspapers referred to a Conservative Party internal document that revealed that the Conservatives had already decided on the content of the report before the latest committee review even began. This proves how little the Conservatives care about the evidence given by witnesses.

Furthermore, during debate on Bill S-7, we had not even finished the second hour of debate when the minister said that the title was just fine as it is and it would not be changed.

When the minister says he is looking forward to hearing from witnesses, frankly, I do not a believe a word of it, because we know very well that the Conservatives' minds are already made up and they have no respect for the parliamentary process or for the opinions of the experts who appear in committee.

This time allocation motion is just further proof of that.

Bill S-7—Time Allocation MotionZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 10:15 a.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, it is a sad day again for Canadian Parliament. This is the 91st time the government has used closure, or time allocation, in this Parliament. It goes beyond any previous government in Canadian history. It is twice as bad as what was the previous worst government in terms of open intolerance of democratic debate in this House. The only solace for the Canadian population is that Canadians know that in 200 days, they will be able to vote the current government out of office and bring in a government that actually respects parliamentary traditions.

With the last three closure motions and time allocation, we have seen a real intolerance of debate. We have seen with Bill C-51 that the government is systematically refusing witnesses who could bring a lot to bear on the bill, which is a controversial piece of legislation. Yesterday in the House, the minister might as well have told Yukoners that the government will not accept any amendments to Bill S-6. The Conservatives want to make a show of going up to Whitehorse but have absolutely no intention of actually listening to witnesses and bringing amendments to Bill S-6.

My questions to the minister with respect to Bill S-7 are simple. Will the government hear from witnesses who want to come forward on this bill? Will it actually entertain amendments, or will it show the same disdain it has shown with so many other pieces of legislation by refusing amendments put forth by parliamentarians?

Bill S-7—Notice of time allocation motionZero Tolerance for Barbaric Cultural Practices ActRoutine Proceedings

March 11th, 2015 / 5:10 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I would like to advise that an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to second reading stage of 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at that stage.

Business of the HouseOral Questions

February 26th, 2015 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, this afternoon this afternoon we will continue debating Bill C-46, the Pipeline Safety Act, at second reading. This bill updates our laws respecting pipelines to make our legislative framework a world leader. The debate will continue—and hopefully conclude—on Monday, March 9.

Tomorrow, before we start our constituency week, we will conclude report stage debate on Bill C-2, the respect for communities act. The bill would enshrine in law the requirement for communities to be consulted when there is an application made to open a drug injection site.

I know the opposition House leader will be very interested in this. Tuesday, March 10 will be an allotted day, and we will have the House debate a New Democratic proposal. I just heard my official opposition counterpart make some comments on time allocation of government bills. Of course, Tuesday will the 79th time allocated opposition day debate of Parliament. That will be the 79th time the NDP has imposed time allocation on a motion it has brought before the House.

Our government allows generous time for debates on bills. We allow considerable time at each stage, yet every time the NDP chooses a subject for debate, it limits the debate to the minimum the rules allow, one day. The rules expressly allow it to allocate a number of its allotted days to a single subject of debate, but on 79 occasions, the NDP has chosen time allocation to the bare minimum of one day. Seventy-nine times it has imposed time allocation on the House to limit debate when it gets to choose the subject. The rules let it choose more days. The rules let it apply more time to those subjects. It chooses not to do that. I invite the hon. member, who seems to have some skepticism, to check out Standing Order 81(16)(b), which gives him that power; so if we want a preview of what could come from the NDP, based on its conduct here, I think we can see it right there.

On that day, March 10, we will finish what I am sure will be the 79th occasion of the NDP imposing time allocation on our ability to debate its ideas. Then, that evening, we will conclude debate on the fourth report of the foreign affairs committee.

On Wednesday, March 11, we will have the third day of second reading debate on Bill S-6, the Yukon and Nunavut regulatory improvement act.

Thursday, March 12 will see the House resume consideration at second reading of Bill S-7, the zero tolerance for barbaric cultural practices act. This is a bill that would demonstrate that Canada's openness and generosity will not extend to early and forced marriage, polygamy, and other similar practices.

We will have third reading of Bill C-2 on Friday, March 13. Finally, for the benefit of committees’ forward planning, I anticipate scheduling Tuesday, March 24, as the last allotted day of this supply period. I will confirm this during next week’s Thursday statement.

Business of the HouseOral Questions

February 5th, 2015 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I want to start out by thanking the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup for his intervention yesterday. He rose on a point of order that his privileges were denied by security, by the RCMP, he said, in particular. Today he rose in this House to indicate that a discussion had taken place and that the matter had been settled.

As I said, his original point of privilege suggested that it was the RCMP who had stopped him, and in fact, that was not the case. It was, in fact, Senate security services. The member has spoken with them and met with them and has accepted the explanation. That is in the spirit I was attempting to capture yesterday when I said that as we go through this process of managing the changes that are happening here, as the House and Senate security forces are integrated and as we ask the RCMP to do more on the Hill, and we are, hopefully, in a motion, going to deal with other stuff, we have to work together with our partners. We all have an obligation to work together to help them do their job of protecting us. I am pleased that the matter has been brought to a close.

This afternoon we will finish debating today's motion from the NDP. Tomorrow, we will debate government Motion No. 14, standing in the name of the chief government whip, respecting an integrated security force for the parliamentary precinct and the grounds of Parliament Hill.

If additional time is needed, we will resume that debate after our constituency week, on the afternoon of Monday, February 16. Earlier in the day—Monday—before question period, we will start the second reading debate on Bill S-7, the Zero Tolerance for Barbaric Cultural Practices Act.

On Tuesday, February 17, we will start the day with report stage on Bill S-2, the Incorporation by Reference in Regulations Act. After question period, we will switch to Bill C-12, the Drug-Free Prisons Act, at report stage and third reading, now that the Public Safety Committee has wrapped up its study of the proposed legislation.

On Wednesday, February 18, we will start second reading debate on Bill C-51, the anti-terrorism act, 2015. These measures would provide Canadian law enforcement and national security agencies with additional tools and flexibility to keep pace with evolving threats and to better protect Canadians here at home. That debate will continue the following day.

Finally, on Friday, February 20, we will complete third reading of Bill C-32, the victims bill of rights act, our government's proposal to put victims at the heart of our justice system. It will be the 10th day that this bill has been discussed on the floor of the House, not to mention that it was thoroughly studied by the hard-working justice committee throughout this autumn. It is time that law came into place for the benefit of victims.

The Speaker Andrew Scheer

I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has passed the following bill, to which the concurrence of the House is desired: 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.

Immigration and Refugee Protection RegulationsPrivate Members' Business

December 3rd, 2014 / 7:20 p.m.


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Conservative

Joan Crockatt Conservative Calgary Centre, AB

Mr. Speaker, I am honoured to stand in the House today to support Motion No. 505 from the hon. member for Mississauga South. The motion would help protect the rights of immigrant women who have been subject to family or societal coercion through the practice of early and forced marriage.

Our government has maintained a strong commitment to strengthening efforts to prevent early and forced marriage, and other harmful cultural practices from happening in Canada. This is part of maintaining our Canadian values.

As members may know, Bill S-7, the zero tolerance for barbaric cultural practices act, was recently adopted in the Senate at second reading. The motion we are debating today complements that bill. This is a much-needed motion that would protect vulnerable women and girls.

We already have many protections in place to prevent forced marriages. Individuals, primarily girls and women, but also some boys and men, who are forced into a marriage to which they do not consent can seek help from the Canadian government.

As my hon. colleagues are aware, forced marriages are illegal when performed within our borders. However, there is no protection against marriages performed in other countries, and they can facilitate these forced marriages once those participants are settled in Canada.

I find it unbelievable that the opposition is opposing this motion today, especially when we hear opposition members talk about their supposed commitment to girls and women at the status of women committee. This motion goes to the very heart of that. The opposition members argue that this is not a problem in Canada, that there is no evidence. I am shocked by that. Immigration officials have reported 1,500 forced marriages to us.

It has been reported that a young university girl in my riding of Calgary Centre has been forced to marry a cousin in another country in order to bring him to Canada. This goes on every day in each of our ridings. I want to commend the member for Mississauga South for bringing this forward.

The subject of this motion is to bar the recognition of proxy, telephone, Internet and fax marriages for immigration purposes because these kinds of marriages are right for non-consensual unions.

I grew up in a home in Lloydminster. There were six children, four girls and two boys, and we were all treated equally. I value that in my life and Canadians value it as well. Being treated equally, regardless of our country of origin, our ethnic heritage, our economic circumstance or our gender is a Canadian value.

As I noted earlier, the practice of forced marriage can also victimize men and boys, but it disproportionately encroaches on the rights of women and girls.

In Canada, we are proud of women in leadership roles. The member for Mississauga South is a perfect example of that, as is our Minister of Status of Women, and the former minister of status of women. We have some excellent women leaders here. As members of Parliament, it is incumbent upon us to remember that one of our roles is to help bring other women along and to protect their rights. That is what the member’s motion would do.

The cultural practice of forced marriage is a barrier to women. When women and girls are forced to marry someone, this is almost always accompanied by restrictions on other human rights, such as their ability to get an education, find employment and limits on their mobility and freedom. These are all abhorrent to our Canadian values of individual freedom for all.

Our government is working hard to remove obstacles that would deny women opportunities and the chance to expand their wings and really achieve their potential and dreams.

I want to quote the UN Deputy High Commissioner for Human Rights, Flavia Pansieri, who equated forced marriage to “the perpetual subjugation of girls and women”, saying that it leaves them vulnerable to physical, psychological, emotional and sexual violence.

At the same UN panel discussion, Kate Gilmore, the deputy executive director of the UN population fund, called such marriages a violation of their human rights. She quoted this shocking statistic that every day, there are 39,000 girls who are married or joined in a union without their free, prior and informed consent, and with no options but to do otherwise.

It is interesting that we are right now marking the 16 days of activism against violence against women because this motion is a perfect example of something we should do to protect the rights of women. These 16 days of activism are all about us talking about these issues. They are issues that are barriers to women in achieving their freedom and potential in our society.

I am proud to see our government taking a lead on this issue. The motion today is a strong step in preventing early and forced marriages, which can often be officiated over the phone, by fax, or by proxy. Imagine a young girl being coerced by someone in the family to be married by Skype to someone she has never met.

I want to be clear that this is what the motion is aimed at. It is aimed at banning marriages that would take place between people who are not in the same room. In Canada we know we have a judge or a religious leader who is there to witness the sacred vow between a man and a woman when a marriage takes place. Part of that witnessing is affirming that those people are there of their own free will.

When we are talking about these proxy marriages, these same criteria do not apply. That is what the motion by the member for Mississauga South is getting at here.

I want to be clear that what we are asking the House to support in the motion is a change in the regulations. This would help prevent the immigration system from facilitating forced marriages by having marriages conducted by proxy, by telephone, by fax and by Internet as a means for them gaining immigration status, which is exactly the case in my riding that I cited.

This family is wishing to have one of the family members brought to Canada as an immigrant and plans to marry-off their daughter to her cousin in order to facilitate that. That is wrong. That goes against Canadian values and that is exactly what my colleague's motion gets at.

This is not a broad brush that is being used to paint other forms of marriage, like arranged marriages, in the same way. Arranged marriages can work. I have friends who have arranged marriages that have worked very well. An arranged marriage is a kind of marriage where families select their sons and daughters to join in matrimony. Often this takes place over many years with families that have known each other for a long time, where both parties do have the free will to accept or reject the arrangement.

The motion we are discussing today would not affect these marriages in any way. This motion proposes that Canada would no longer recognize marriages by proxy for immigration purposes, a practice that is too frequently used as a tool to disguise a forced marriage as one that would appear legitimate on paper.

In a marriage by proxy, one or both of the participants are not present and they are represented by a third party. Who is to know if they have given informed consent? It is a system that is ripe for misuse. These marriages are conducted in a number of ways, including, for example, by fax. There are few of us who would trust one of the most important events in our lives to be done by fax.

These marriages are not recognized legally when they are performed in Canada, nor should they be recognized in Canada when they are performed somewhere else. We must be consistent and clear with the people of Canada that forced marriages are wrong, regardless of borders, cultures or traditions.

The motion makes clear that there would still be measures for those who were married previously by proxy, but who are nonetheless in genuine relationships. They can have their marriages considered for immigration purposes. There are also humanitarian or compassionate provisions that have been taken into consideration.

We would also protect the legitimate use of marriage by proxy and similar marriages for members of the Canadian Armed Forces in active military service.

To conclude, this motion would exclude from the immigration system practices that would harm vulnerable women and girls, practices that could treat them like chattel, practices that are unacceptable in Canada. These practices are incompatible with Canadian values and will not be tolerated.

Immigration and Refugee Protection RegulationsPrivate Members' Business

December 3rd, 2014 / 7:10 p.m.


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London North Centre Ontario

Conservative

Susan Truppe ConservativeParliamentary Secretary for Status of Women

Mr. Speaker, I am pleased to rise in support of the motion put forward by the hon. member for Mississauga South.

It is incredibly disturbing that so many women and girls around the world continue to be victims of the inhumane practice of early and forced marriages. Right now, it is estimated that one in three girls in the developing world are married before their 18th birthdays. Disturbingly, some are married as young as five years old. This practice is harmful to girls in several ways.

Early or forced marriages hinder most girls' chances of completing an education, which puts them at even greater risk of violence and isolation. Many girls who enter early or forced marriages also typically have children at a very young age and because their bodies are not yet ready for child birth, it is estimated that approximately 70,000 girls die in labour each and every year.

Clearly, early and forced marriages are very harmful practices that threaten the lives and futures of girls around the world with devastating consequences. In fact, they are violations of human rights that often lead to social isolation, poverty and violence. This barbarism is unacceptable to Canadians. We must do whatever we can to strengthen the protection of vulnerable women in Canada and to support the rights of immigrant and newcomer women in the strongest possible way.

The motion we are debating today would help to do so by disallowing marriages by proxy and other non-in-person marriages in the immigration system. A marriage by proxy is where one or even both participants are not present at the ceremony and are represented by another person. Other forms of this type of marriage can be conducted by telephone, fax or Internet for the purposes of immigration to Canada.

While such marriages are not legally permitted to be performed in Canada, they may be recognized for the purposes of Canadian immigration law when conducted in jurisdictions outside of Canada where these types of marriages are legal. Some visa offices around the world regularly encounter marriages by proxy as it is a cultural practice in some parts of the world.

The sad truth is that these practices can be used to force individuals, usually women and girls, into non-consensual marriages. Should this motion pass, Citizenship and Immigration Canada will amend the Immigration and Refugee Protection Regulations to exclude proxy, telephone and similar forms of marriage for immigration purposes across all immigration streams. In addition, policy and operational guidelines will be updated to assist immigration officers in better detecting such forms of marriage.

Of course, we also recognize there are cases when a marriage by proxy is valid and there will be exceptions in the regulations for these valid types of marriages. Sponsored spouses who decide to marry by proxy will be encouraged to remarry in an in-person ceremony that meets the laws of the country where it is performed to have their marriage accepted for immigration purposes. They can also apply as common law or conjugal partners. Humanitarian and compassionate provisions may also be taken into consideration.

However, the focus of this motion is the increasing concern that some marriages by proxy, telephone, fax, or Internet can make it easier for someone to be forced into a marriage. In addressing the issue of forced marriage in our immigration system, let us also be clear about the intent of this motion. It is not an indictment of arranged marriages. An arranged marriage is a marriage in which both parties have the free will to accept or decline the arrangement.

On the other hand, all forced marriages are, by nature, arranged and when the consent of one of both parties to the marriage is denied, tools such as proxy marriage, telephone marriage and these other means of solemnization may be used to facilitate the forced marriage.

As I have already stated, some of our visa offices have encountered cases of spousal sponsorships that were, in fact, cases of forced marriage facilitated by proxy. This is not how Canada's spousal sponsorship program is intended to work.

Although this barbaric practice of forced marriage is illegal in Canada, we must further strengthen the integrity of our immigration system to ensure we uphold and strengthen the protections of vulnerable women. This is why our government is taking additional steps to ensure it does not occur on our soil.

As we know, the introduction of Bill S-7, the zero tolerance for barbaric cultural practices act, would further strengthen the protections for vulnerable women, including those in our immigration system.

Among other measures, it would amend the Criminal Code to further prevent forced or underage marriage. These measures would criminalize: knowingly officiating at an underage or forced marriage; knowingly and actively participating in a wedding ceremony in which one party is marrying another against his or her will, or is under the age of 16 years old; and removing a minor from Canada for a forced or underage marriage.

In Canada, there is no national minimum age for marriage. Only in Quebec is the minimum age set at 16 years. In other parts of Canada, if members can even believe it, the common law minimum age varies from as low as 7 years old to 14 years. Setting a national minimum age of 16 years for marriage would make it clear that underage marriage is unacceptable in Canada and will not be tolerated here.

Other proposed amendments would create a new peace bond that would give courts the power to impose conditions on an individual when there is reasonable grounds to fear that a forced marriage or marriage under the age of 16 will otherwise occur. Such a peace bond could be used to require the surrender of a passport as well as to prevent a child from being taken outside of Canada.

Other amendments to the Civil Marriage Act proposed in Bill S-7 would require those getting married to give their free and enlightened consent to the marriage and would codify the requirements of the dissolution of any previous marriage.

Through these and other actions, our government is sending a strong message. Our country will not tolerate cultural traditions in Canada that deprive individuals of their human rights. Our government will continue to stand up for all victims of violence and abuse, and take necessary action to prevent these practices from happening on Canadian soil.

I would like to conclude by highlighting some of the investments that Status of Women has made, giving communities the tools to address harmful cultural practices: since 2007, over $70 million for projects to prevent and end violence against women and girls; of this amount, $2.8 million has been invested in projects that address harmful, cultural practices, such as violence committed in the name of so-called honour, forced genital mutilation and forced marriage; the elimination of child, early and forced marriage was a key priority for the Minister of Status of Women to raise as she led Canada's delegation to the 58th meeting of the UN Commission on the Status of Women in New York earlier this year.

I support these measures and this motion. Thank you for the opportunity to participate in this important debate and I would like to thank my hon. colleague as well.

Immigration and Refugee Protection RegulationsPrivate Members' Business

December 3rd, 2014 / 6:55 p.m.


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Simcoe—Grey Ontario

Conservative

Kellie Leitch ConservativeMinister of Labour and Minister of Status of Women

Mr. Speaker, I appreciate the opportunity to participate in this debate on Motion No. 505. It says, in part:

That the House call on the government to take action to prevent forced marriages and any kind of non-consensual sponsorship in the immigration system....

As the Minister of Status of Women, this is an issue that is very near and dear to me. I want to thank the member for Mississauga South for all her work on this extremely important file, and for providing me the opportunity to speak to it.

It seems appropriate, given the subject matter of today's debate, for all of us in Canada and across the world to take a moment to mark the 16 days of activism against gender-based violence. These 16 days began on November 25 and will end on December 10, International Human Rights Day. We will also mark our National Day of Remembrance and Action on Violence Against Women on December 6, which this year marks the 25th anniversary of the tragic murders of 14 young women at École Polytechnique de Montréal in 1989 who were killed simply because they were women. Each year these occasions provide us a solemn reminder that gender-based violence is never far from everyday life here in Canada. They remind us that we can no longer be a country that sees gender-based violence as a women's issue. Everyone in Canada needs to be part of the solution.

It is in this context that I want to address the motion before the House today. This motion calls on the government to amend the immigration and refugee protection regulations in order to “ban the use of proxy, telephone, and fax marriages as a means to spousal sponsorship”, and to exclude the use of such marriages for the purpose of immigration, and to set out measures that communicate to visa officers how to detect such marriages. Marriage by proxy is a cultural practice in certain parts of the world. While the performance of such marriages is not legally permitted here in Canada, they may be recognized for purposes of Canadian immigration law when conducted in jurisdictions outside of Canada where these types of marriages are legal.

I thank the hon. member for Mississauga South for introducing this important motion, which I support completely. Let me explain why I feel this motion is so valuable and very much in line with our government's priorities.

Last year, our most recent Speech from the Throne indicated that addressing the vulnerabilities of women in the context of immigration would be a very important area for the government to focus on. Our government committed to ensure that women and girls would no longer be “brutalized by violence, including through the inhumane practice of early and forced marriage” on Canadian soil. That is why our government, the Minister of Citizenship and Immigration, has introduced a new bill, the zero tolerance for barbaric cultural practices act. I am pleased that we on this side of the House are focused on strengthening the protection of vulnerable women in Canada's immigration system and on forcefully and resolutely supporting the rights of immigrant and newcomer women.

In order to do so, our government must ensure that Canada's immigration policies and practices are especially focused on strengthening the protection of immigrant and newcomer women. Indeed, it is deeply troubling that harmful cultural practices, such as polygamy, female genital mutilation, and forced and under-aged marriages, still exist as a reality for some Canadian women. That is why I am happy to note our government's proactive approach to decreasing the vulnerabilities of immigrant and newcomer women. For example, regulations put in place in recent years have made it much more difficult for people convicted of crimes that result in bodily harm against members of their family or other particular violent offences to sponsor any family class member to come to Canada.

Other measures have been introduced to deter foreign nationals from entering into marriages of convenience to gain permanent residence status in Canada. This includes two-year conditional permanent residence status for certain sponsored spouses. To protect sponsored spouses who are in abusive relationships, our government put in an exemption to these measures in instances where there is evidence of any abuse of a physical, sexual, psychological, or financial nature.

Better guidelines and training have been introduced to assist front-line officers in processing requests for exemptions based on abuse or neglect, and in handling sensitive information related to abusive situations. Under Canada's settlement program for newcomers, our government provides funding to a variety of organizations that offer programs and services that respond to the specific needs of permanent residents, including immigrant women and their families, who may find themselves in vulnerable situations.

As I mentioned, earlier this year, the Minister of Citizenship and Immigration devoted a considerable amount of time meeting with representatives of organizations that provide services to immigrant women, as well as with victims or abuse, at a number of round table discussions across the country.

I and many of the members of the status of women House of Commons committee have done exactly the same: reaching out to immigrant women, finding out exactly what their concerns are and where they find themselves to be the most vulnerable.

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

These discussions, of course, strongly informed Bill S-7, the zero tolerance for barbaric cultural practices act, which was introduced in Parliament just a few weeks ago.

The measures in Bill S-7, which I am sure we will be debating in the near future in this House, would improve the protection and support for vulnerable individuals, especially women and girls, by rendering permanent and temporary residents inadmissible for the practice of polygamy in Canada by strengthening Canadian marriage and criminal laws in order to combat forced and underage marriage, and by ensuring that the defence of provocation would not apply in so-called honour killings and many spousal homicides.

Bill S-7 would be yet another example of our government's commitment to the protection of vulnerable Canadians, particularly immigrant and newcomer women. I look forward to supporting it in this House.

Motion No. 505, the motion on proxy marriage that we are debating today, is another unambiguous example of an initiative that would increase the protection of vulnerable women and girls in the context of the immigration system.

Barring or excluding marriages conducted by proxy, telephone, fax, or Internet for immigration purposes would help prevent the immigration system from facilitating forced marriages conducted by these means and would help reduce the number of vulnerable individuals, principally women and including girls, young women under the age of 18, who are forced into such marriages for immigration purposes.

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

For one, they are more likely to lack proficiency in English or French, which can be a barrier to accessing social services and information on their legal rights in an abusive relationship.

They may also lack the economic independence to leave an abusive situation, especially if they are underage.

Victims of forced marriages can face many long-term consequences, including isolation from their communities, strained relationships with family, depression and anxiety. From the perspective of a physician, substantive physical and psychological violence, if they attempt to leave these abusive relationships, can result in long-term medical challenges that they may face well into their older years.

For all these reasons I have outlined today, I urge my hon. colleagues to support Motion No. 505. I look forward to this government taking action to exclude proxy and other non-in-person marriages in the immigration system.