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

February 17th, 2015 / 12:35 p.m.
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NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I do not think the member is understanding me. It breaks my heart1 to understand that women across this country and around the world face incredible violence. I cannot believe that the member does not see that I feel that way about it.

What I am saying is that when women are faced with this situation, they can prosecute. Those laws are there. Would it not be ridiculous if in Canada a woman could not prosecute because she was living in a situation of violence? However, we know that very few women report any kind of violence, let alone make it through the complicated and cumbersome legal system to actual see a conviction. What we need are services and supports. That is what we need to be doing.

I do not understand why the member is accusing me of not understanding that. I do see these things myself. I know women who have been beaten, who have been murdered. It is very important that we address that for all women. We need specific, culturally appropriate services that are helpful, including housing and shelters, across Canada.

This is something that all of us are facing as women. To isolate it as the member is doing is, as I said earlier, simply racist.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 12:35 p.m.
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Richmond Hill Ontario

Conservative

Costas Menegakis ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I am delighted to have this opportunity to speak to this very important piece of legislation.

Canada is a free and open society built upon the premise of the equality of all of our citizens. While it is clear to most Canadians that violence against women and girls is unacceptable, unfortunately, violence against women and girls can and does still occur anywhere, including at home, in our workplaces, and on our streets.

In the 2013 Speech from the Throne, our government committed to taking further action that would help to prevent barbaric practices involving violence against women on Canadian soil. This bill would meet that commitment.

Unfortunately, harmful cultural practices continue to brutalize millions of women and girls worldwide. Among those affected are some individuals and families within Canada's diverse cultural communities. We know that some immigrant women in Canada are more vulnerable to such forms of violence. They may not be familiar with our laws. They may not know that certain practices are a crime or unacceptable, or that they interfere with their basic human rights. Such practices include early and forced marriage, polygamy, and so-called honour-based violence. These practices are the subject of the bill before us today.

Tolerance of any individual's or family's view that cultural traditions can somehow justify depriving other individuals of their basic human rights goes against the very essence of our great country's values. It is imperative that we prevent such barbaric practices from occurring on Canadian soil.

This Conservative government firmly believes that any practice that involves violence directed at women is barbaric. The opposition refuses to condemn these practices as barbaric. In fact, the leader of the Liberal Party thought that the word “barbaric” was too harsh to use when referring to these practices. We believe that this is an insult to all women facing violence from their own family members.

All Canadians know that a free and democratic society requires the full participation of women and that any practice that constitutes violence against women and girls negatively affects our democracy and our society. It goes against the very fabric of what it is to be Canadian. It must be condemned as a barbaric cultural practice.

Any practice that involves violence is abuse that must be stopped, particularly when meted out behind closed doors and within families, where women and girls are especially defenceless, or when whole families conspire to ensure that underage women lie about their age or take part in a forced marriage. No one in Canada should have to face violence and abuse, especially from their own family. This is barbaric, and I emphasize that.

That is why I am pleased to speak in the House about our government's zero tolerance for barbaric cultural practices act. It contains very concrete steps that would help to further prevent and address certain forms of violence against women and girls in all of our diverse communities.

I gained a greater understanding about the nature and extent of this problem over the past year when the Standing Committee on Citizenship and Immigration conducted a study on strengthening the protection of women in our immigration system. We heard from victims of abuse and from representatives who provide services to immigrant women from right across the country. These important discussions focused on domestic violence, forced marriage, the immigration process, and how we could strengthen the protection of vulnerable women and girls.

They also revealed many ways in which our government could help address the problems stemming from harmful cultural practices. If implemented, the measures in this bill would amend the Immigration and Refugee Protection Act, the Civil Marriage Act, and the Criminal Code.

Let me first address the practice of polygamy, which is already illegal in Canada and is an affront to Canadian values. While it is against the law in Canada to practise polygamy or to enter into a polygamous union, and that ban has been upheld as constitutional, that is not the case in every country of the world.

To complement the existing criminal law and to prevent polygamy on Canadian soil within the immigration context, Bill S-7 would create a new inadmissibility provision in the Immigration and Refugee Protection Act for anyone practising polygamy. This would enhance existing immigration tools to render both temporary and permanent residents inadmissible for practising polygamy in Canada, where there is a criminal conviction or misrepresentation. This new inadmissibility would strengthen officers' ability to refuse visa applications and would also allow removal orders to be made where there is clear evidence that the person is or will be practising polygamy in Canada.

However, polygamy is not the only barbaric cultural practice contradicting Canadian values. Additional measures in Bill S-7 would also amend the Civil Marriage Act to address the problem of early and forced marriage.

In Canada there is no national minimum age for marriage. While provincial and territorial laws have added requirements for minor children, such as parental consent or court approval, they do not have the authority under the Constitution to set the minimum age below which a child may never marry. Only in Quebec is the minimum age set at 16 under a federal statute. In other parts of Canada, the common law still applies, which sets the minimum age at 14 for boys and 12 for girls, although historically it went as low as age seven. Yes, age seven.

In contrast, Austria, Australia, Germany, Italy, New Zealand, Norway, and the United Kingdom all have a minimum age below which no one can marry, even with parental consent. Thankfully, very few marriages in Canada now involve people under the age of 16, but setting a national minimum age of 16 for marriage would make it clear that early marriage is unacceptable and will not be tolerated in our country.

Other amendments to the Civil Marriage Act proposed in Bill S-7 would codify the requirement that those getting married must give their free and enlightened consent to the marriage and would codify the requirement for the dissolution of any previous marriage. This is very important. A marriage should be a union between two consenting people. It should not be forced on them.

Building on the proposed amendments to the Civil Marriage Act, the zero tolerance for barbaric cultural practices act also contains measures that would amend the Criminal Code to help prevent forced or underage marriage. These measures would criminalize knowingly officiating at an underage or forced marriage, actively participating in a wedding ceremony knowing that one party was marrying another against his or her will or was under the age of 16, and removing a minor from Canada for a forced or underage marriage.

Let us think about that for a moment. A student in grade 10, born and raised in Canada, can conceivably be put on a plane to go on vacation to another country only to find out when he or she arrives that a forced marriage has been arranged. There is a big difference between an arranged and a forced marriage. Young people can find themselves coming back or staying there, married, when they are just out of grade 10. It is unbelievable.

Building on these proposed new offences, a related amendment would create a specific new peace bond that would give courts the power to impose conditions on an individual. Such a peace bond could be used to require the surrender of a passport and to prevent the child from being taken out of Canada.

Such conditions would apply when there were reasonable grounds to fear that a forced marriage or a marriage under the age of 16 would otherwise occur, whether in Canada or abroad.

Finally, there is a measure in the bill that would also amend the Criminal Code in relation to honour killings and many other spousal homicides. So-called honour violence is perpetrated against family members, usually women and girls, who are perceived to have brought shame or dishonour to the family, usually by not respecting what the family has chosen for them, quite often at birth or at a very young age. It is usually premeditated and committed with some degree of approval from family, or in many cases, community members.

Generally speaking, violence committed for a motive related to a family's honour can take many forms and be of varying degrees of seriousness, all of which are fully prohibited in Canada under our criminal law. So-called honour killings are murder, just like any other intentional killing. However, under the Criminal Code, someone charged with murder can use the defence of provocation in seeking a reduction to a lesser charge of manslaughter. In other words, a person found to have committed murder can argue that the victim's conduct in some way provoked his or her own killing, twisted as that might sound. This defence has been raised in several honour killing cases in Canada. Accused murderers have claimed that lawful conduct by the victim, such as real or perceived marital infidelity, disrespect, defiance, or insulting behaviour on the part of the victim toward a spouse, sibling, or parent, provoked the killing.

On the facts and evidence presented, the provocation defence has been rejected in so-called honour killing cases. However, our government is mindful of the fact that the provocation defence has been and continues to be successful in spousal killings, where men have killed their partners in circumstances that are very similar to those in honour killing cases. In fact, for many decades, both in Canada and abroad, one of the most serious concerns expressed about the defence of provocation has been that it excuses male homicidal rage against women who exercise their right to make personal choices for themselves.

Canadian women from immigrant and non-immigrant communities deserve the full protection of the law. Therefore, the proposed change in the bill would apply in both situations. Measures in Bill S-7 would amend the Criminal Code so that legal conduct by the victim could no longer be legally considered as provocation. This would not only prevent the defence from being raised but would also bring our criminal law in line with Canadian values with respect to other spousal killings, holding people responsible for their murderous rage and actions, even when they were verbally insulted before the killing. Similar changes to the defence of provocation have already been made in most like-minded countries.

In summary, these amendments would improve protection and support for women and girls in Canada, including the particularly vulnerable from immigrant communities, in a number of different ways. They would render permanent and temporary residents inadmissible if they practiced polygamy in Canada. They would strengthen Canadian marriage laws by establishing a new national minimum age for marriage of 16 and by codifying the existing legal requirements for free and enlightened consent for marriage and for ending an existing marriage prior to entering another, which is a key point.

They would criminalize certain conduct related to underage and forced marriage ceremonies, including the act of removing a child from Canada for the purpose of such a marriage. They would help protect potential victims of underage or forced marriages by creating a new specific court ordered peace bond where there were grounds to fear that someone would commit an offence in this area. They would also ensure that the defence of provocation would not apply in so-called honour killings and many spousal homicides.

Five years ago, our government introduced a new citizenship guide called Discover Canada, which is used by prospective new Canadians to learn about Canadian citizenship and to prepare them for their mandatory citizenship test, and ultimately their integration into our country. Since its introduction, the guide has proven to be popular not only with newcomers to Canada but with many Canadians interested in learning about the rights and responsibilities that come with being a citizen of our great country. One of the most important points made explicit to all readers of Discover Canada is that men and women are equal under Canadian law. In fact, the guide states:

Canada’s openness and generosity do not extend to barbaric cultural practices that tolerate spousal abuse, “honour killings,” female genital mutilation, forced marriage or other gender-based violence.

Although the equality of men and women under the law is a fundamental Canadian value, unfortunately violence against women and girls continues to affect tens of thousands of Canadians each year, and barbaric cultural practices still exist as a reality for some Canadian women and girls. Our government is determined to address gender-based violence so that all women and girls in Canada can be empowered and protected from harm and can feel safe at all times.

Our Conservative government has already taken a number of actions to help end violence against women and girls in all its forms and in all communities across the country. We have strengthened criminal justice measures and provided greater support for victims of crime. For example, we recently introduced the action plan to address family violence and violent crimes against aboriginal women and girls. These build on the recommendations of the House of Commons Special Committee on Violence Against Indigenous Women and on earlier concrete action taken to address the devastating and truly barbaric cases of murdered and missing aboriginal women and girls.

We also introduced a national action plan to combat human trafficking to address a heinous and barbaric form of violence against women and girls. Imagine those who are so sick as to profit by trafficking women, bringing them to Canada just so they can make money in illicit fields.

With the zero tolerance for barbaric cultural practices act we are strengthening our laws to protect Canadians and newcomers from barbaric cultural practices. We are also sending a strong message to those in Canada and those who wish to come to Canada that we will not tolerate cultural traditions that deprive individuals of their human rights.

Our Conservative government is committed to taking concrete steps to prevent and eliminate all forms of violence against women and girls in Canada. We will continue to stand up for all victims of violence and abuse.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 12:55 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I listened with interest to my hon. colleague. I am interested in the issue and what we saw with the cult of Bountiful that came across the border into Canada to escape prosecution in Utah. They set themselves up in Canada. There were all manner of allegations of abuse and of young girls as young as 12 being forced into marriage. This had gone to the courts in B.C. in 2007, I believe it was. It did not believe it had the power to go through with it, but it was tested at the Supreme Court of British Columbia in 2011, which upheld Canada's polygamy laws.

We have the tools necessary to go against these cults.

We saw the same thing with Lev Tahor, where there was all manner of allegations of abuse and forced marriages of children. The Quebec police and the Ontario courts moved against them.

I would like to ask my hon. colleague about the one provision that concerns me, which would apply to participants in a wedding. I am concerned about this, because there may be people who are brought to a wedding who would now be complicit. If we attempt to draw the circle too wide, we are actually not going to be able to target who we need to target, which are the people running these cults. The courts have already given us the tools in Canada. The police have the tools to go after them for forced marriages, child abuse, and polygamy. Would not the criminalization of the overall community actually drive people underground?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 12:55 p.m.
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Conservative

Costas Menegakis Conservative Richmond Hill, ON

Mr. Speaker, clearly polygamy, as the member knows, is not legal in our country. The Supreme Court of Canada has, as he stated, upheld the polygamy laws of the land. If anything, Bill S-7, the zero tolerance for barbaric cultural practices act, clearly indicates that those who are in a polygamous relationship would not be welcome to come to Canada. In fact, as the minister said earlier, they can come here as individuals but cannot bring their spouses here with them.

We have also introduced the peace bond, as the member would note, upon review of the legislation. This bond would assist us in many respects in stopping that activity from happening in our country, and stopping those who want to come to Canada and unfortunately want to partake in polygamous relationships.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1 p.m.
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Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I have three short questions that I posed to a couple of the members of the cabinet, who did not answer them. Perhaps I could try with the parliamentary secretary.

First, does the parliamentary secretary agree that violence against women, forced and early marriage, polygamy, and genital mutilation are wrong in any culture? Second, if the parliamentary secretary agrees with that, does he agree that there is no need to reference the word “culture” in the title? Third, if he does not agree, which cultures would he seek to condemn?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1 p.m.
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Conservative

Costas Menegakis Conservative Richmond Hill, ON

Mr. Speaker, I did not hear the member ask that question earlier, but did hear succinct and clear responses. Perhaps I can assist him by providing the following.

Of course, violence against women and girls of any kind is clearly wrong, clearly a crime in Canada, and clearly we as parliamentarians should all be on board in doing everything we can to ensure that it does not happen in our communities.

The phrase “cultural practices” does not refer to a specific cultural community. It is a cultural practice in some families to tell their children when they are five, six, seven, or eight that when they are 14, 15, or 16, they will have chosen for them the person they will marry and that if they do not marry that person, they will bring shame to the family. When the children bring shame to the family, the members of the family threaten them with violence. It is a cultural practice. There is a huge difference between the words “barbaric cultural practices” and “a cultural community”. There is no relationship between the two phrases. That kind of practice is barbaric, cultural or not, anywhere.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1 p.m.
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Conservative

Diane Ablonczy Conservative Calgary Nose Hill, AB

Mr. Speaker, the government is deeply concerned about the treatment that women and girls in Canada have suffered because of some cultural practices that Canadian society and the Supreme Court of Canada reject. These include genital mutilation, and being forced into polygamous marriages and marriage at a very young age.

I would think that any reasonable, concerned, and decent Canadian would also want to protect women and girls in this country from those terrible fates. Yet, unbelievably, we see the opposition members, including young women over there, doing everything they can to attack this legislation, to disagree with it, to find reasons not to support it. I cannot believe this.

Could the parliamentary secretary explain why the New Democratic Party and the Liberal Party in the House would not want to protect Canadian women in this way?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1 p.m.
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Conservative

Costas Menegakis Conservative Richmond Hill, ON

Mr. Speaker, I thank the hon. member for her passion and commitment because I know that over the course of her life, she has been a very strong voice for women's rights and, certainly, a strong advocate for putting in place crime legislation to ensure that women and girls are protected in our country no matter where they live.

The problem I have with the opposition, particularly the New Democratic Party, and with some of the wording from the Liberal party, even though they are supporting the bill, is that this is one of those pieces of legislation that should transcend political parties and alliances. This is not a piece of legislation to hang one's hat on. I say to my friends in the NDP who oppose this that it is impossible to justify to Canadians our not putting into place legislation that would educate and empower women and protect them in their communities, particularly within the walls of their own homes.

I implore the member to speak to her leader—

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:05 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

Order, please.

Questions and comments, the hon. member for Beauharnois—Salaberry.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:05 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, I find it insulting to be told by members on the other side that I am not opposed to violence. The young female members on this side of the House are opposed to all forms of sexual violence, whether it is polygamy, forced marriage or early marriage. That has been clear from the start.

What we are saying is that a number of women's advocacy groups are opposed to this bill because it criminalizes the victims. The victims do not want their family members to face criminal charges. There are several shortcomings. This bill has a number of serious consequences, including the potential deportation of children and victims.

I want to know whether the government will undertake to broadly consult experts and groups and whether it will undertake to eliminate the bill's unintended consequences, such as the deportation of the victims' children and families.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:05 p.m.
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Conservative

Costas Menegakis Conservative Richmond Hill, ON

Mr. Speaker, I have a quick question I would like to ask the NDP member. In the November 6, 2014, edition of Le Journal de Montréal, Julie Miville-Dechêne, president of Quebec's Conseil du statut de la femme, said, “This will allow us to address the phenomenon of young girls forced to marry when they are sent abroad during their vacation.”

Does the NDP member have something to say to Julie Miville-Dechêne today?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:05 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

Before resuming debate, I would like to remind all hon. members that we are now moving into mostly 10-minute speeches, with only five minutes for questions and comments. I have allowed the questions and answers to become rather lengthy, but the harness will be tightened when we move to questions for the hon. member for Surrey North, who now has the floor.

The hon. member for Surrey North.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:05 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, it is always a pleasure and an honour to speak in the House on behalf of my constituents of Surrey North.

I have some grave concerns regarding Bill S-7, a bill that has made its way to this House from the other side, the Senate side, which is the unelected, unethical, and unaccountable place. I will not talk about that because we have talked about it at other times.

Mr. Speaker, I will be sharing my time with my esteemed colleague, the very hard-working member for Edmonton—Strathcona.

First, the bill is an example of Conservative rhetoric, of doing something yet achieving nothing. It is a waste of taxpayers' time and money and a cruel joke on our democratic system, as most of these measures would not actually achieve anything. Basically, it would duplicate existing laws that are in place. Additionally, a couple of the legislative amendments in Bill S-7 would invoke racist stereotypes and fuel xenophobia toward minority groups, rather than achieving anything positive.

The bill would seek to deport people engaged in polygamy or forced marriages, including the very women the government claims it is trying to protect.

We on this side, the NDP, the official opposition, recognize that violence against women remains a systematic and widespread issue in Canada, and we have shown to Canadians that we are committed to ending violence against women and to protecting them within our immigration system, and system at large. However, Bill S-7 does not intend to protect women; instead, the zero tolerance for barbaric cultural practices act intends to further marginalize racial minorities as part of the Conservative agenda.

What is “barbaric” to me is the very title of the bill, which is simply racist. It actually suggests that all cultural practices are somehow barbaric. The title of the bill alone reinforces prejudice against certain cultural groups by targeting racial minorities for practices that are in fact found in Canadian society at large, not only in these communities. The Conservatives are once again politicizing a very serious issue. They are targeting racial minorities with offensive stereotypes, meanwhile claiming that these measures somehow address the issue of gender-based violence when, in fact, they do not.

We have heard from many experts who expressed concern about the purpose of the bill and have stated that the bill would in fact worsen problems of violence against women.

Lawyer Deepa Mattoo from the South Asian Legal Clinic of Ontario stated that:

Bill S-7 lacks the understanding of the complex issues of violence faced by women and children and does not achieve the goal that the government desires to achieve with this ^[bill].

Another witness, Dr. Naila Butt from the Social Services Network, also stated that:

Criminalization of forced marriages, without the much needed institutional support for victims, would only further alienate and harm those facing forced marriages and gender-based violence, with the added insult of being stigmatized that they come from barbaric cultures.

Canadians are clear that the current government does not actually care about women's rights.

This is the same government that, time after time, has neglected the very issues facing women in Canada, across our country. If the Conservatives really wanted to tackle the issue of violence against women, they would finally launch an inquiry into Canada's missing and murdered indigenous women.

Over the Valentine's Day weekend, we saw protests across this country. Women, men, children, boys, and girls were out in full force across this country demanding that the Conservative government hold an inquiry into missing and murdered indigenous women.

We have heard, over and over, that there are more than 1,200 cases of missing and murdered indigenous women in this country. The stats are absolutely shocking. Yet the Prime Minister stated this issue “isn't really high on our radar”. This is coming from our Prime Minister.

It is very concerning to me that we have violence that has happened across this country, that 1,200 women are missing or murdered, and the government is not looking into it or calling for an inquiry, yet it claims that it is somehow protecting the women of this country. I find that very appalling. A lot of Canadians find this appalling. I have heard it from constituents in my community. I have heard it from people across this country. They want to know why the government is not calling an inquiry into the murdered and missing indigenous women.

This kind of attitude, the Conservative government's attitude towards issues of violence against women, is simply a lack of respect toward all Canadians.

This bill also has many unintended negative consequence. The bill follows a pattern of the Conservative government of sensationalizing measures that do not actually achieve their stated goals and instead have unintended negative consequences for many Canadians.

Many witnesses who testified before the Senate committee on human rights stated that Bill S-7 is likely to have many unintended consequences. UNICEF expressed concerns that the bill would impose criminal sanctions against minors who attend, celebrate, or help organize a forced marriage, effectively impacting their future with a criminal record. These are minors I am talking about.

Essentially, this bill re-victimizes women and children who are at risk of violence by imposing criminal sanctions on them rather than protecting them from predators.

Additionally, the Senate committee heard that because the penalties include criminalization and deportation, some women and children will not want to come forward to report forced marriages.

There are many other negative consequences for Bill S-7 and its impact on family reunification. We heard in the immigration committee that, when families are not able to reunite with their family members, it has consequences on women and children.

No woman, regardless of race, citizenship status, or religion, should be subject to gender-based violence, including the practice of forced or underage marriages. Women at risk of violence need adequate support and programs.

However, this bill makes no reference to support services. That is what is needed at the ground level, support services that provide education and additional help for these women. The Conservative government has been cutting the very programs that actually provide these services to women in these situations.

This bill's intentions are only political and are not actually meant to protect women. If the Conservatives were actually concerned about preventing violence against women, they would make a serious investment in services that support vulnerable women.

In conclusion, this bill is yet another example of the government's abuse of power in making useless pieces of legislation that only sensationalize a very serious issue and that discriminate against a part of the population in order to further the Conservative agenda.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:15 p.m.
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Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, I listened intently to my colleague's speech, and I have two questions.

First, the indication from the speaker opposite is that they are not supporting the bill because they do not like the words “cultural” and “barbaric” together. I looked up the definition of culture. Merriam-Webster's definition of culture is:

the beliefs, customs, arts, etc., of a particular society, group, place, or time

a particular society that has its own beliefs, ways of life, art, etc.

a way of thinking, behaving, or working that exists in a place or organization (such as a business)

Where in the bill does the NDP find a specific cultural group identified? It is about barbaric activity that individuals believe is the right thing to do to their wives, children, and other women. We do not agree with it. It is not the Canadian way.

Where in the bill does it mention any particular cultural group?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:15 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, a question has been asked of the Conservatives, and they have been dodging and ducking it. Why have “culture” in the title of the bill? They are saying it is not culture based, so why do the Conservatives have “culture” in the title of the bill?

On this side of the House, we believe that violence against women is gender-based, and we should be looking at ways to protect our women across the country. However, the Conservatives are somehow linking it to a particular cultural group, as if it has been imported here by a different culture.

The very problem we need to address is violence against women. That runs across cultures. It is a part of Canadian society, and we need to take steps to protect women.