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 / 1:20 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I somewhat appreciate the comments from the member. I do not necessarily agree with everything he said, but there is a lot of validity in some of his comments.

The issue of zero tolerance for barbaric cultural practices, the name of the act, is something that could be held into question. The Liberal Party has strongly suggested that the word “culture” should be dropped from the title at the very least, and we hope to see that.

Having said that, going through the legislation, it seems to me that there are some positive attributes to it that somewhat obligate us to seriously look at voting in favour of the legislation. An example is the minimum age being set at 16 for marriage here in Canada.

I wonder if the member sees any benefits inside the current legislation? I will be voting in favour of it. I would like to see it amended to take out “culture”, but does the member see any benefit?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:20 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, we are always open to new legislation and having proper scrutiny of the legislation that is brought to the House.

What we have seen from the Conservatives is that any sort of positive addition, whether it is in witness testimony or amendments from the official opposition to prop up the bill and ensure that its intention is kept, is turned down. Experts say that we need the amendments that we have introduced. What we have seen time after time is those amendments being turned down by the Conservatives.

I know that the Conservatives do not believe in facts. They do not believe in expert testimony. They do not believe in consulting the very stakeholders who are going to be affected by this.

I will support this bill if the Conservatives take into consideration the number of amendments that we will introduce and the amendments that experts will bring to committee.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:20 p.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I prefer throughout my speech to refer to this as Bill S-7, and it will become apparent why that is the case when I speak. It is an act that would amend the Immigration and Refugee Protection Act, the Civil Marriage Act, the Criminal Code, and a number of other ancillary criminal-related bills.

I would like to make the comment right at the outset that what has coloured this legislation, based on the testimony given in the Senate, is that it is the Minister of Citizenship and Immigration who has chosen to speak to the bill. Normally it would be the Minister of Justice tabling a government bill to amend the Criminal Code. That probably explains why, in the public, people are reacting and why they are concerned about targeting certain cultures and certainly targeting immigrants.

I feel obliged to make reference to the offensive title of the bill, which I choose not to repeat, and which others have expressed as grossly offensive and an unnecessary descriptor. As pointed out by many others, it harkens back to the reprehensible historic descriptions of aboriginal Canadians.

As the bill is by and large focused on immigrants, many view it as discriminatory. It is as if the government has alleged the bill does not target immigrant communities and yet it is tabled by the Minister of Citizenship and Immigration. This is clearly a confused message.

As testified by the Canadian Council of Muslim Women:

The title is racist, discriminatory and further exacerbates the racism and stereotyping of some of us in Canadian society.... We should all remind ourselves of the treatment meted out to our First Nations, who were seen as barbaric, primitive and uncivilized....

The overt message of this act is that these barbaric practices will be brought into a pristine Canada where there is no violence, where women and girls are not subjected to these horrible practices of forced or early marriages, where polygamy is abhorred, and where there is no femicide — that is, no killings of women and girls. Our organization objects...to the label of honour-based violence....

I remind the government that is coming from the Canadian Council of Muslim Women. This association and a number of others testified before the Senate and referenced the instance of polygamy in British Columbia since the 1950s, yet to be effectively addressed by Canadian authorities.

In speaking to the bill before the Senate committee, the Minister of Citizenship and Immigration shared that, in his view, the intent of the bill is to:

...help to ensure that no young girl or woman in Canada becomes a victim of early or forced marriage, polygamy, so-called honour-based violence or any other form of barbaric cultural practice.

Those are the very words of the minister.

He further went on to claim the measures “would improve protection and support for vulnerable individuals, especially women and girls”. The question then before us is this. Would Bill S-7 actually deliver on that intent? I wish to make it clear that in my opinion no woman, or frankly any man, girl, or boy regardless of their race, citizenship, or religion, should be made a victim of gender-based violence, including forced or underage marriage.

As a co-founder of a sexual assault centre in Edmonton, I am well apprised of the dangers and risks far too many girls and women face. I am also aware of the many factors that prevent girls or women from revealing the abuse to authorities. This is a significant factor raised by many who have concerns with the effectiveness of the bill to genuinely address or prevent abuses, particularly by criminalizing the actions.

It should also be kept in mind that polygamy is already prohibited in Canada.

My comments will by and large reflect the views of the bill and the issues involved held by a number of communities of women, as well as legal experts and associations that address trafficking and abuse, as to whether Bill S-7 would actually deliver the remedies and protections alleged to be contained in the bill by the minister.

A common concern has been raised about the inadequate consultation with the potentially impacted communities and the many organizations and experts involved in the matter of forced or underage marriage. I have spoken with the Canadian Council of Muslim Women and the Edmonton-based Indo-Canadian Women's Association and many of its members, as well as organizations addressing trafficking.

Some time ago, I met with a group of Canadian women who were concerned about the failure of the Government of Canada to take enforcement action against the situation in Bountiful. This is despite the direction of the courts that enforcement action is possible under the Criminal Code, reportedly, to protect young girls brought into Canada from the United States for the purpose of polygamous unions.

According to the Indo-Canadian Women's Association:

Given the widespread occurrence of this practice and its harmful effects, many countries have undertaken a number of initiatives to counter it....

In Canada, there are a number of grassroots initiatives launched by community organizations such as the Indo Canadian Women's Association that seek to educate the community and provide links to social and medical resources for those seeking assistance in the community. Through education and continuing efforts of the community, we can begin to leave our mark in ending this harmful practice.

I would like to add that just a few minutes ago I spoke to a very respected member of the Edmonton Muslim community, Soraya Hafez, who is concerned about the bill, in particular because she is seeing a refocusing away from prevention and support to the community organizations, such as her own, and toward the criminalization of this kind of behaviour.

That view has also been endorsed by Preet Atwal, a young Sikh woman in Edmonton. She writes:

The statements presented do not seem to be supported by real statistical or realistic data, spreading myths about arranged marriages. It is making it seem as if violence against women is a cultural issue only taking place in certain communities. Criminalization will only further marginalize radicalized communities and will not do anything to actually prevent forced marriages and violence against women. If we truly wish to combat that issue we should use education, community awareness, and law enforcement....

Those are profound viewpoints.

I noticed that the Minister of Status of Women had previously said that she had also spoken to this Edmonton community. They are deeply disturbed that she had suggested that their conference on honouring young women was about honour killings. In fact, it was actually about honouring young women in the Asian community, and I was delighted to participate in that conference.

I would also like to share briefly the words of Avvy Yao-Yao Go, who is the director of the Metro Toronto Chinese and Southeast Asian Legal Clinic. She also testified before the Senate on Bill S-7. She stated:

From the very naming of this bill to the various legislative amendments it seeks to amend, Bill S-7 invokes racist stereotypes and fuels xenophobia towards certain racialized communities. It exudes hypocrisy disguised as morality. It mocks the practice of polygamy elsewhere as a sign of cultural inferiority while ignoring the fact that polygamy, both formal and informal, is being practised in Canada by some Canadians and that all too often marriages break down in Canada due to infidelity and/or abuse.

Alia Hogben, the executive director of the Canadian Council of Muslim Women, testified at the Senate that she thinks it is important to consider the views based on the direct experiences working with women who are at risk of forced marriages or abuse in their marriages.

She said:

First let me acknowledge how pleased we are that the government is paying attention to the issues within violence against women and girls. There is definitely a kernel of genuine concern being expressed by this act, and we support the intent of addressing the issues of forced or early marriages, polygamy and other forms of gender-based violence.

She says the council is less convinced that these proposed measures are necessary or appropriate. They are also disappointed they were not accorded the courtesy of being consulted in the initial stages of drafting the bill.

They identified that the current Criminal Code and Civil Marriage Act already criminalize polygamy and bigamy. In their view, what is sorely missing is the attention to actually enforcing these laws and the assignment of resources to address problems faced by immigrants and other victims. This appears to be a common view of those actually working with trafficked women or women attempting to escape forced or abusive marriages.

They are equally concerned at the focused attention on certain backgrounds, given the high level of violence against all Canadian women and girls. Some have mentioned, as have some of my colleagues, the fact that there is still a refusal by the government—and, sadly, by the Premier of Alberta—to call an inquiry into the over 1,800 missing aboriginal women and girls.

They have noted the failure to prosecute polygamy over the past six decades. They remind us that as recently as 2011, the courts have clarified that charges can go forward under existing laws.

What they recommend instead is to engage and educate the community on the law and their rights and to build the capacity for community-based responses to human trafficking. They also emphasize the need to eliminate the vulnerabilities that lead to trafficking.

Those I have talked to say that they think there should be more support to settlement services and that we need to consider the particular vulnerability of poor or abused women. We need organizations to be onside with the law, as they are the very mechanisms who help those who are being abused.

Finally, I would like to add in closing that they are puzzled that the government is not also including civil proceedings, as many of women would be frightened to be engaged in criminal proceedings.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:30 p.m.
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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, does my colleague think it would have been good for the government to take a look at our country's history? Our grandmothers were subject to an enormous amount of violence and they did not speak up. For example, if a woman went into town wearing a skirt that was too short, her husband could beat her. There are many examples of fathers beating their daughters. This was not too long ago.

I think that the focus on autonomy and education for these women and the institution of many social measures really helped put an end to these barbaric practices—not a focus on criminalization.

Does my colleague think that social measures like the ones taken here in the past could apply in some cases in order to help these women combat the barbaric practices we are discussing today?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:30 p.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, if I understand my colleague's question, I think she is asking if we can look at how we have addressed and reduced abusive marriages in the history of Canada and apply that to situations we are running into now. I can only attest to the fact that many women's organizations deal with the trafficking of women and girls or with women in forced marriages, as opposed to arranged marriages, and they are deeply concerned that there may be a misunderstanding between the two.

There certainly seems to be strong, profound evidence across Canada from the very organizations that are working with vulnerable women in these situations that what they need are more resources, both to prevent these kinds of activities and to help remove women from that kind of situation. They are deeply concerned that criminalizing is only going to ostracize these women from the very communities and families they need to turn to for support.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:35 p.m.
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Richmond Hill Ontario

Conservative

Costas Menegakis ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, the member spoke quite eloquently in her speech, but she referred to women somehow having difficulty in their own communities arising from this particular piece of legislation. I wonder if the member could elaborate a bit.

Does she not see that there are hundreds of cases annually in this country of women being forced into marriages and being threatened with physical violence if they refuse those unions? It may be here or abroad, since sometimes they are forcibly taken out of the country. It actually happens. It is a cultural practice in some families, and it is barbaric.

To establish a law that would help prevent and hopefully eliminate that from happening in our country seems to be widely supported by Canadians. Certainly that is what the citizenship and immigration committee heard from a wide variety of witnesses who testified before it.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:35 p.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I am grateful that the parliamentary secretary has asked a question, because I want to put a question to him.

I mentioned the testimony that was presented in the other place, and hopefully the committee will hear similar testimony if the bill goes to committee. We heard from rape crisis centres, organizations dealing with the trafficking of women and girls, Indo-Canadian organizations, and the Muslim association for women. These organizations are telling us, based on their experience, that in the case of forced marriages, merely relying on criminal law would make it highly unlikely that any of these women would lay a complaint.

I would put to the member a situation in which a young, vulnerable woman is up against her parents, aunts and uncles, grandmother and grandfather, the head of the community, and so forth. She may well be a woman located in another country, so she will not be able to bring the charge here anyway.

There is good intent here. There are a lot of good provisions in the law, but what we are being told is a reality fix.

What I would ask the government is why it did not adopt the British law that allows for the laying of charges either criminally or civilly. Apparently in the United Kingdom the majority of women are choosing the civil proceeding route.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:35 p.m.
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London North Centre Ontario

Conservative

Susan Truppe ConservativeParliamentary Secretary for Status of Women

Mr. Speaker, I am thankful for the chance to speak about Bill S-7, the zero tolerance for barbaric cultural practices act.

I will be sharing my time with the member for Burlington.

In the most recent Speech from the Throne, our government recognized that millions of women and girls around the world continue to suffer from violence, including the appalling practices of early and forced marriage. That speech emphasized the government's commitment to ensuring that such barbaric cultural practices do not occur in our country.

In his appearance before the Senate human rights committee on this bill, the Minister of Citizenship and Immigration made it clear that any practice that involves violence directed at women is barbaric. Our government firmly believes that women should never be subjugated to violence or even death for any reason, especially the reasons used in honour-based violence.

The measures in Bill S-7 are the culmination of that commitment to improve protection and support for vulnerable individuals, primarily women and children, and would do so in a number of ways.

They would render permanent and temporary residents inadmissible if they practised polygamy in Canada. They would strengthen Canadian marriage laws by establishing a new national minimum age for marriage of 16 years old and by codifying the existing legal requirements for free and enlightened consent for marriage and for ending an existing marriage prior to entering another.

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 marriage ceremonies.

These measures would help protect potential victims of underage or forced marriages by creating a new and specific preventative court order peace bond when there were grounds to fear someone would commit an offence in that area, and they would ensure that the defence of provocation would not apply in so-called honour killings and many spousal homicides.

I would like to take the opportunity to focus on those measures in Bill S-7 that address what I have already described as appalling practices involving violence directed against women and girls, namely early and forced marriage. These are practices that contradict Canadian values and cause great harm to victims.

In Canada, there is no national minimum age for marriage. Provincial and territorial legislation set out certain ages for additional requirements, such as parental consent for those under the age of majority or court approval for even younger children. However, they lack the Constitutional jurisdiction to set the absolute minimum age below which no child can marry.

Federal law currently sets the absolute minimum age at 16 years old, but in Quebec only. In other parts of Canada, the common law applies because there is no federal legislation. However, there is some uncertainty about the common law minimum age, which is usually interpreted as setting a minimum of 12 for girls and 14 for boys, although historically it has been as low as seven years old.

While very few marriages in Canada now involve people under the age of 16, amending the Civil Marriage Act in order to set a national minimum age of 16 years old for marriage would make it clear that underage marriage is unacceptable in Canada and will not be tolerated. 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.

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 marry each other and would codify the requirement for the dissolution of any previous marriage.

Building on the proposed amendments to the Civil Marriage Act, Bill S-7 also contains measures that would amend the Criminal Code to help prevent forced and underage marriage. These measures would criminalize knowingly officiating at an underage or forced marriage, actively participating in a wedding ceremony knowing that one party is marrying the other 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.

Other proposed amendments would create a new peace bond that would give courts the power to impose conditions on an individual when there were reasonable grounds to fear that a forced marriage or a marriage under the age 16 would otherwise occur.

Such a peace bond could be used to prevent an underage or forced marriage by, for example, requiring the surrender of a passport as well as preventing a child from being taken out of Canada. This is an important option for a young woman, for example, who wants to stop her family from taking her out of the country for a forced marriage but does not want to press charges against her family members.

At the Standing Committee on Citizenship and Immigration, members had the opportunity to listen to Kamal Dhillon who was forced into a marriage at a young age and repeatedly abused for the 12 years of her marriage. She told the committee that she was constantly subjected to emotional, physical, sexual and financial abuse, and even attempted murder several times. The bill seeks to prevent situations such as Ms. Dhillon's. I am glad to say that she escaped her marriage and is now an advocate for women who have been the target of barbaric practices.

The provisions in Bill S-7, including those that address underage and forced marriage, will help ensure that immigrant women and girls are protected from isolation and violence. The full participation of women and girls is essential in our democracy. Women seeking a better life for themselves and their families in Canada should never be subject to constant fear and threat of violence or death simply for living their lives and seeking out better opportunities for themselves.

We know that immigrant and newcomer women and girls face additional barriers in protecting themselves and seeking assistance compared to women born in Canada. These practices also have a very negative impact on families and society in general, as does all violence directed against women and girls. They also seriously affect all those involved from influencing immigration outcomes to breaking down opportunities for integration and success.

Bill S-7 would strengthen our laws to protect Canadians and newcomers to Canada from barbaric cultural practices that direct violence against women and girls. Through the enactment of Bill S-7, Parliament will send a strong message to those in Canada and those who wish to come to Canada that we will not tolerate activities that deprive individuals of their human rights.

I am sure we would all agree that we must stand up for all victims of violence and abuse, and take necessary action to prevent these practices from happening on Canadian soil. That is exactly what we will be doing by ensuring the bill's passage into law. That is why I urge my hon. colleagues to join me in supporting the passage of the bill.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:45 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the members in the Liberal Party have indicated that, in principle, we support the legislation going to second reading and quite possibly beyond. One of issues our critic has asked today is in regard to having the reference to “culture” in the title of the legislation.

Could the member explain why she believes it is important for the word “culture” to be incorporated into the title of the bill? It seems it is just not necessary. Could she expand on why she believes it is absolutely critical for the legislation?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:45 p.m.
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Conservative

Susan Truppe Conservative London North Centre, ON

Mr. Speaker, the zero tolerance for barbaric cultural practices act would send out a clear message to those coming to Canada that forced marriage, honour-based violence or any other form of harmful cultural practices would unacceptable and would not be tolerated in Canadian society. That is why I like the word “cultural” in there, because we are talking about harmful cultural practices.

Our government will continue to ensure that Canada is protected from harmful barbaric cultural practices and continue to protect Canadians vulnerable to these abuses.

We will continue to take action by increasing the support for victims of crime, including through the victims bill of rights. We also passed the Safe Streets and Communities Act. Since 2007, over $2.8 million has been approved through Status of Women Canada for community-based projects that address harmful cultural practices such as honour-based violence and forced marriages, and 720 projects were funded that support women and girls.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:45 p.m.
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NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, many people who immigrate to Canada are not familiar with Canadian laws, and many women who immigrate to Canada are not aware of their rights.

If the Canadian government wants to provide real assistance to these women by taking positive action, could it not provide or help to provide prevention and support services to victims, instead of potentially criminalizing these women?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:45 p.m.
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Conservative

Susan Truppe Conservative London North Centre, ON

Mr. Speaker, I agree that many women who come to Canada do not know their rights and we have taken steps to ensure they do. Victims advocates have said that they needed resources and we gave them those resources.

Our government has taken action to protect vulnerable Canadians, particularly women and girls, from early and forced marriage and other harmful cultural practices through, for example, special language programs for immigrant and refugee women. We are able to address issues such as family violence, spousal abuse, women's rights, legal rights, responsibilities and health care, and include bridging or referral to other available services in the community. This is very important for them.

Also publications such as Discover Canada and Welcome to Canada are guides that clearly communicate that Canada's openness and generosity do not extend to harmful cultural practices such as forced marriage or other forms of gender-based violence. This is for everyone, not specific to a particular culture or community. These are some examples of what we are doing to ensure women are aware of their rights when they get to Canada.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:45 p.m.
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Richmond Hill Ontario

Conservative

Costas Menegakis ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I want to congratulate the hon. Parliamentary Secretary for Status of Women for her great work on the committee and for her dedication to this very important cause.

Could the parliamentary secretary tell us how important this legislation is in giving additional powers to both educate and empower women so they know their rights when they are in Canada and find themselves in abusive situations such as these?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:45 p.m.
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Conservative

Susan Truppe Conservative London North Centre, ON

Mr. Speaker, it is very important that the bill get passed so women and girls will be safe in Canada. This bill is all about that. Every time we put through measures to strengthen laws or bills that would help women and girls, the opposition members always vote against them.

It is time we help women and girls. This is a problem in Canada and we need to support it. Everyone should remember too that part of the bill would commit to an age of 16. Right now, as I said in my speech, someone could force a young girl to get married as young as age seven.

We need to pass the bill so all women and girls in Canada safe.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

February 17th, 2015 / 1:50 p.m.
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Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, it is my pleasure to speak to Bill S-7. I have listened to the speeches all morning. I have been on duty here and have been able to take in the speeches from all sides.

In particular, as a father of two daughters, it is important for me to express my feelings on Bill S-7 and what it means to me as a father. My two girls do not listen to their father that much to start with, so I cannot imagine me forcing them into doing anything. However, it boggles my mind that there are cultural beliefs from a variety of different organizations.

I received a tweet a few minutes ago from someone who asked me which cultural group the Government of Canada was targeting with Bill S-7. The Liberal Party agrees to have the bill go to committee, which is excellent. The official opposition says that it disagrees with some of the wording. It does not like the word “cultural”. I think what is happening is the message is getting out that the bill is targeting different cultures. That is absolutely inaccurate. I read the definition of “cultural”. It is about a set of beliefs and values. People can look it up in Webster's Dictionary.

However, this is about barbaric cultural practices. It does not say it is X culture that does this. It could be any group or organization. The laws of our land have opposed polygamy since the 1800s. When the government of the day made the decision that polygamy was the wrong, it did not target a specific culture. The opposition has tried to portray cultures through the bill, which are not mentioned anywhere in the legislation. There is no specific culture identified. Those cultures the opposition have tried to to identify did not exist in Canada, unless we consider Scottish culture or English culture as groups.

It is a cultural practice, a belief system, that an individual or organization has. Wherever the origin, if families have grown up believing that their fathers have the absolute right to force their daughters to marry someone against their will at the age of 15, regardless of where they are from, that is not tolerable in Canada. This legislation would put an end to that barbaric activity.

The Parliamentary Secretary to the Minister of Citizenship and Immigration indicated that the official opposition members should take this back to their leadership and ensure they understood what they opposed. They do not like the title of the bill because of the use of the word “cultural”. It does not say X cultural activity. They really should reconsider their position on this.

Of course everyone cannot withstand “barbaric” activity. Some people in the House may think that word a bit strong, but that is exactly what it is. Why would we not call it what it is? Who in the House, who in the country, believes in violence against their sons or daughters because they disagree with them on who, when and at what age they should marry? How is that not barbaric? The legislation would deal with that.

I have heard some other comments that we are ending people's ability to have an arranged marriage. That is not the case. Arranged marriages, the ones I am familiar with, have two consulting individuals, two people who decide. An arranged marriage would not work in my family, but it may work in others, and that is fair. The man and the women, based on an arrangement made by their parents, consent to the marriage. They say it is a relationship, a marriage, they would both like to enter into. There is nothing wrong with an arranged marriage of two consenting adults.

The difference between an arranged and a forced marriage is that in the latter, one of those individuals, either the male or the female, does not agree, has had no say in it, and is not consenting to the marriage. That is what the bill is aiming at addressing.

There is a discussion about how many people this would affect and whether or not we have good statistics. In my personal view, if we have legislation that protects one young woman, one victim, from this happening to her, we have done our job as parliamentarians to pass laws protecting individuals. We cannot decide whether or not this is a barbaric activity based on whether or not it only affects one person that we know of. It is barbaric in itself as an action, and not barbaric based on its numbers.

We on this side understand that the Liberal Party will be supporting the bill at second reading. There may be some amendments. The Liberals are supporting the concept that there cannot be one more victim.

I was at an event this past weekend in my riding. I think it was called “one billion awareness”. An organization was bringing awareness across the globe to the fact that one billion women in this world have faced some sort of aggression from a male, whether physical or not. In this country, we need to take every opportunity to make sure that barbaric activity, that aggression against women, comes to an end here and around the world.

Unfortunately, we cannot make it happen in other countries, but we do have a responsibility. I have a responsibility to my children, to my daughters. I have a responsibility to my wife to make sure that we take every opportunity we have to protect women and young boys in this case, young men and young women, from barbaric activities not of their choice but a result of a cultural norm some of their family members believe in. We need to be able to protect them from that. We cannot and should not tolerate that here in Canada.

This piece of legislation, in my view, should be supported by all parties. We should be able to deal with this at second reading, quickly get it to committee, quickly get it back to the House and pass it. We should have done it long ago. It is long overdue, and I appreciate the support of all members of Parliament for Bill S-7.