Bill S-7 (Historical)

Zero Tolerance for Barbaric Cultural Practices Act

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

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

Zero Tolerance for Barbaric Cultural Practices Act

[The Acting Speaker, Conservative, Barry Devolin]

Seeing that the time for government orders has expired, the five minutes of questions and comments for the hon. member for Burlington will take place when this matter returns before the House.

Bill S-7—Time Allocation Motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

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 of the 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 of the 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.

[The Acting Speaker, Conservative, Bruce Stanton]

Pursuant to Standing Order 67.1 there will now be a 30-minute question period.

One minute will be allowed for each question and answer, and priority will be given to opposition members wishing to ask questions.

[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?

[Chris Alexander, Conservative, Minister of Citizenship and Immigration]

Mr. Speaker, the hon. opposition House leader is forgetting one vital fact about Canadian democracy, and all effective functioning democracies in the world, which is that populations have the right to judge governments and decide whether they are getting good government not by the length of debate, not by the prolixity of debate or the level of obfuscation by the opposition, which in this House and Parliament has been enormous, but by the results achieved.

This bill would bring real results for Canadian women, those who are born here or who come here as newcomers and immigrants, and it has been debated. In fact, it was by listening to the report by one of the House standing committees on strengthening the protection of women in the immigration system, to which the NDP and all the opposition had ample opportunity to contribute, that we have come to the drafting of this bill.

The bill has been debated in the House and for three days in the Senate at second reading and three days at third reading. There were three full days at the Senate committee. Seventeen speakers have already spoken to it in the House. We look forward to hearing from many more and from many good witnesses at committee. This bill, which is urgently needed, is getting the democratic consideration it needs.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, there has been a change in the way this House has operated since the Conservative/Reform Party acquired its majority. Since then, we have seen the government implement time allocation, which is closure. When the member said that there were three days of debate, that might work out to a few hours of actual debate. It is not 72 hours of debate, which is what the member might be trying to imply when he makes that simple statement.

The reality is that members of Parliament traditionally are afforded the opportunity to voice the concerns expressed, in good part, by the constituents they represent here on the floor of the House of Commons. Never in the history of the parliamentary system in Canada have we witnessed such a disrespect for allowing debate to occur on government bills, budget bills, and so forth.

My question is for the government House leader, and it is very simple. Why do the government and the Prime Minister not allow for genuine debate and dialogue on all forms of legislation brought to the House? Why are there limits? It is highly undemocratic.

[Chris Alexander, Conservative, Ajax—Pickering, ON]

Mr. Speaker, the member is absolutely right. We are at a historical watershed in this place. We are seeing things we have never seen before, and we are seeing them from the Liberal Party of Canada. It claims to have the best economic interests of Canadians at heart. However, when we get a glimpse of what the Liberals' policies might be, they only want to raise taxes. The Liberal Party of Canada, which claims to be pro-immigration, has supported absolutely none of our reforms to the immigration system to clean up the mess it left us in 2006. The Liberals have complained about every single step forward we have made.

The Liberals have already said in this House that they support the bill. The member just stood to say that he wants an endless debate. He wants everyone to be able to express the same view over and over again. He wants that inefficiency. He wants the time of this House to be wasted, even though that party has made up its mind. We have never seen such hypocrisy in this place before.

[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.

[Chris Alexander, Conservative, Ajax—Pickering, ON]

Mr. Speaker, on the contrary, not only are we prepared to hear from witnesses in committee and continue to debate here in the House, but we also based this bill on a committee report written in 2013 and 2014. That report was on protecting women in our immigration programs and on the issue of forced marriage. We had already heard from the opposition and various witnesses when we drafted this bill.

It is hard to understand why the NDP cannot come together and support a bill that is so positive for women and so warmly welcomed by women across the country.

We are confident in our position on our side of the House because we want to move forward with the necessary reforms to ensure that forced marriage, barbaric practices, underage marriages, and honour killings have no place in our country.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, I would like to pick up the theme the hon. member for Winnipeg North was developing, and that is the issue of process and democracy in this place. I believe that the government has invoked closure on debate through time allocation more than 90 times in this Parliament. Over four years, that works out to 22 times per year. That, for Canadians who may be watching this, says that the government, 22 times a year, approximately, tells this House that we, as parliamentarians, cannot stand up in this place and represent our constituents and contribute to the debate and discussion in this place.

The consequence of that is that amendments, necessary improvements to legislation, which are contributions from all parties in this House, particularly the opposition, are not made. That is why there have been a record number of government bills that have been ruled unconstitutional by the Supreme Court in this country, including Bill C-31, which I, in committee, warned the government would be unconstitutional. Sure enough, that was found to be the case.

In terms of making good legislation, I understand that the government has a majority, and ultimately it needs to get business done, and we, as a responsible opposition, co-operate with that. However, does the member not agree that good suggestions on this side of the House that can improve the legislation are things a responsible democratic government would want to welcome in this place, not for the good of the opposition but for the good of Canada and the good of Canadians?

[Chris Alexander, Conservative, Ajax—Pickering, ON]

Mr. Speaker, I think Canadians understand that being elected to this place, having the right to stand in one's place and speak in this place, should not give any of us, any party, an unlimited right to obstruct and slow the business of this House.

The fact that closure has been invoked a number of times in this place has brought Canadians enormous benefits through changes to the tax system. There are lower taxes. It has brought protections, over 40 of them, through the justice system, with improvements to the Criminal Code that are bringing the crime rate in this country down. It has brought us free trade agreements, a record number, dozens of them, which is way beyond the record of any previous government.

On this particular issue, let us listen to the words of Aruna Papp. “Canada was designated the best country to be a woman”.

We are morally bound to take a stand on behalf of all women who are victims of abuse, especially on behalf of young girls, the most vulnerable in our immigrant communities. That is why we are moving forward with this legislation. That is why we want it to become law sooner rather than later. That is why we agree that the Criminal Code needs to be changed to protect women.

We have a fundamental difference of opinion with New Democrats on this issue. They do not want to change the justice system. They do not want to strengthen it. That is their policy. Month after month, year after year, Canadians have rejected it. We will continue to listen to Canadians.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Mr. Speaker, this may not be the last time that I say this, but I have sat in this chamber for 18 years and I have never seen a government that has shown such disrespect for democracy and the institution of Parliament. The government has imposed time allocation 91 times.

I would like to remind the Minister of Immigration that he was formerly the ambassador to Afghanistan. We sent our young soldiers there to fight for democracy, a parliament and freedom of speech for Afghans. This same freedom of speech is not being afforded to us as parliamentarians. It is as though the Conservatives believe that they have all the answers and that they will settle this with an election. Basically they are saying that they do not believe in the democracy of Parliament or in debate and they do not want Canadians to hear arguments against their bill.

However, it is a fundamental right in a democracy and the very purpose of Parliament. I am sure that when the Minister of Immigration was the ambassador to Afghanistan, he fought to give Afghans a parliament and freedom of speech. The Conservatives are stripping us of this constitutional right. What the government is doing is so very wrong. It is regrettable and Canadians are watching. It goes against our country's democratic tradition.

[Chris Alexander, Conservative, Ajax—Pickering, ON]

Mr. Speaker, in no country has democracy ever given an elected official the right to do nothing about anything. If we were to do what the NDP proposes, this Parliament would have been much less productive. Canada's crime rate and tax burden would be much higher, we would have lost growth and we would not be in a position to create 1.2 million new jobs across the country.

If were to open the door to inaction or paralysis, we would look much more like the Afghan government. Canada's standards are much higher than that.

[Ted Hsu, Liberal, Kingston and the Islands, ON]

Mr. Speaker, I would like to talk about the minister's time allocation motion, which would limit the time for debate on this bill. Since I am not running in the upcoming election, I would like to put something on the permanent record here in the House.

I believe that the quality of debate in the chamber could be improved. The government says that speeches are repetitive. That is its argument for limiting debate. I think what is going on is that the opposition is doing its job in criticizing the government's legislation. However, the speeches we hear, and I would say we hear this a lot from the government side, and to be fair, sometimes from the opposition side, are not real debate in terms of a clash of ideas, in terms of responding to each other in a give and take, back and forth exchange of ideas and a testing of ideas.

The reason the debate needs to continue is to have better-quality debate. If we had good-quality debate, we could finish it in a couple of days and would not need to limit the number of speeches.

We in the opposition are challenging the government. We are pointing out problems. We are bringing up facts and evidence, and we need a response from the government. If we got a proper response and had a back and forth debate, a real debate, instead of just reading speeches where we pass by each other, from an intellectual point of view, we would not need to limit debate.

Therefore, I call on the government—

[The Acting Speaker, Conservative, Bruce Stanton]

The hon. Minister of Citizenship and Immigration.