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Zero Tolerance for Barbaric Cultural Practices Act

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

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

Status

This bill has received Royal Assent and is now law.

Summary

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

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

Elsewhere

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

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

S-7 (2022) An Act to amend the Customs Act and the Preclearance Act, 2016
S-7 (2012) Law Combating Terrorism Act
S-7 (2010) Justice for Victims of Terrorism Act
S-7 (2009) An Act to amend the Constitution Act, 1867 (Senate term limits)

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

June 12th, 2015 / 12:55 p.m.

Conservative

Kelly Block Conservative Saskatoon—Rosetown—Biggar, SK

Mr. Speaker, no government has done more to protect women and girls than this government with a number of the legislation we have put forward. I have read carefully the testimony that was presented at committee. I would remind the member that the provisions in the bill would allow women and girls to be protected through this legislation.

For example, currently there is no clear minimum age across the country. Setting the absolute minimum age for marriage falls under federal jurisdiction. The measures in the act would go very far in protecting all women and girls.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1 p.m.

Newmarket—Aurora Ontario

Conservative

Lois Brown ConservativeParliamentary Secretary to the Minister of International Development

Mr. Speaker, my colleague spoke at length about the national minimum age. Quite frankly, I was surprised to learn that there was no national minimum age.

She also spoke about some international focus on this topic. Could the member talk about some of the other countries that have set a national minimum age, and what is Canada doing in light of those decisions other countries have made?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1 p.m.

Conservative

Kelly Block Conservative Saskatoon—Rosetown—Biggar, SK

Mr. Speaker, Australia, Austria, Finland, Germany, Italy, New Zealand, Norway and the U.K. have 16 as the minimum wage below which no one can marry, even with parental consent. This is consistent with the approach in the bill that we are debating here today.

Several like-minded countries have set 18 as the age of marriage without additional consent from parents or the courts, but have no minimum age of marriage, for example, Belgium, France, Iceland, Ireland, the Netherlands, Spain, Sweden and most of the United States. This is similar to the current law in Canada.

Setting a national minimum age of 16 years for marriage is consistent with the current federal legislation that applies only with regard to the province of Quebec. It is also consistent with what happens now in Canada, where very few provinces have set that. It does fall under the jurisdiction of the federal government to set this minimum age.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1 p.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, it is always an honour for me to rise in the House to speak on behalf of the people of Alfred-Pellan in Laval, whom I have been fortunate to represent for the past four years.

Today, I am speaking 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, or as the Conservatives like to call it, the Zero Tolerance for Barbaric Cultural Practices Act.

In the speeches that were made today, I heard many references to equal opportunities for women and the marginalization of women. I would really like to talk about that aspect in particular. However, first, I would like to mention a few little things that are directly related to the Conservative government's proposal and the work that my colleagues on this side of the House have done on Bill S-7.

To begin, I would like to thank my colleague from Pierrefonds—Dollard, our immigration critic, who did an incredible job examining Bill S-7. I saw the work that she did in committee and the amendments that she wants to propose. She has my full support for the amendments she wants to make to improve Bill S-7, as it now stands.

First of all, I have to say that I support the intent of the bill, which seeks to combat polygamy and forced and underage marriage. I also recognize that any violence against women and children is completely unacceptable and that there is still a lot of work to be done to prevent and crack down on these crimes.

However, I remain convinced that this bill does not adequately respond to such serious problems. In fact, Bill S-7 could make existing problems worse. It is important to mention that no woman should be subjected to gender-based violence, and that includes forced and underage marriage. This bill could inadvertently have very serious consequences for women and children by putting more social pressure on the victims of forced marriage and deporting victims of polygamy, for example.

If, as they often say, the Conservatives really care about the victims, they will heed the warnings of the different experts who appeared before the committee and conduct more detailed studies before adopting measures such as the ones proposed here. Instead of focusing on such a sensationalistic bill, with the short title proposed by the Conservatives, a bill that does not address the root of the problem, I sincerely believe that the Minister of Citizenship and Immigration should conduct serious, large-scale consultations with community groups and experts to fix the real problem of sexual violence.

There are a number of things that the government could do to help women who are marginalized. Despite the fact that the number of women MPs in the House of Commons has reached a record high, women have a long way to go to achieve equal representation. However, I hope we will steadily approach that target as more women stand for office. Nonetheless, there are different measures that the government could adopt to help women throughout the world take an interest in politics—whether municipal, provincial or federal—and in changing laws to meet their needs. We know that when more women hold power, the laws and approaches are very different. Problems are solved by women for women. It has been shown that it is very positive to have a parliament composed of 50% or more women. This leads to changes in the bills that are introduced.

This is an extremely sensationalistic bill, and I deplore that. I sincerely hope that my colleagues on the other side of the House will take the time to examine the amendments put forward by my colleague from Pierrefonds—Dollard, who simply wants to bring some common sense to this bill. Once again, I still believe in and have a lot of faith in this Parliament, and that will not stop. I sincerely believe that we can work together.

The House of Commons has committees to study bills with various experts, such as community leaders and experts in general law, civil law or immigration.

These experts did not have harsh words, but they did share some concerns. On this side of the House I would say that we did some worthwhile work with the proposals made by the experts and others invited to the committee. We took their ideas to try to improve this bill, because what we have been trying to propose all along is common sense. However, the concrete measures set out in Bill S-7 will unfortunately not have the desired impact.

I am making a heartfelt plea to the Minister of Immigration today. I ask him to consider these amendments, eliminate the sensationalistic and partisan aspects of this bill, and bring some common sense to this bill. A real consultation on Bill S-7 is needed.

From what I read of the testimony, there was a lack of consultation. I would like to quote a statement by Action Canada for Sexual Rights and Health:

The bill reflects a lack of consultation (closed-door meetings and invitation-only consultations), and a lack of transparency, participation and public debate. The proposed amendments are not based on the experiences of women and girls who have survived acts of violence, such as forced marriage.

That is pretty serious testimony about the lack of consultation. I sincerely believe that if a bill purports to help women and children across Canada in terms of forced marriage and violence against women, it should include real solutions to help them.

All members of the House are very familiar with the organizations in their ridings and the incredible work they do. In Laval, many organizations work to help women in various ways. They might be active in politics, encouraging women to run for office and participate actively in elections. Organizations also help women who are often in need. One that comes to mind is the Table de concertation de Laval en condition féminine. Many of my colleagues on this side of the House also have Afeas in their ridings. I see my colleague from Laval—Les Îles nodding. That organization is very visible in my riding; I am speaking for both of us. Afeas is very visible in Laval. Its goal is to help women, help them escape marginalization and misery, and ensure that women have the same rights as men across the country. So much needs to be done.

I see that my time is almost up, but I would like to comment briefly on what could be done to help women across the country. It is not necessarily just what is being put forward in Bill S-7. There are a lot of things we could do to help women in different communities.

When I asked my colleague from Halifax a question, I mentioned the Truth and Reconciliation Commission of Canada, which recently submitted its report and 94 recommendations. I think the federal government has a role to play in about a good third of the recommendations. It could do something about the issue of murdered and missing indigenous women all across Canada. It should have done something about that issue a long time ago. I truly believe that if the government really wanted to help murdered and missing indigenous women and their families, it would do something.

A number of other subjects could have been addressed to end the marginalization of women. Two examples that come to mind are pay equity and women's leadership on corporate boards, whether public or private. Something really meaningful could have been done.

Regarding Bill S-7, I have to point out again that we could make it better. It is not too late. The NDP has proposed some amendments. I still hope that the Conservatives will agree to compromise a little, ensure that these amendments are incorporated into the bill and put an end to all the smoke and mirrors. In the end, that is all that Bill S-7 really is.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1:10 p.m.

NDP

Marc-André Morin NDP Laurentides—Labelle, QC

Mr. Speaker, one way to evaluate the quality of a bill is to look at how it could change things in very real situations, instead of listening to the wild speculation coming from across the aisle. For instance, in the case of the Shafia family, how would this legislation have changed things for the women in that family? They would have most likely been deported back to Afghanistan, where they could have been quietly killed, away from prying eyes. I would like to hear my colleague's thoughts on that.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1:10 p.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I thank my colleague from Laurentides—Labelle for his questions and his interest in Bill S-7.

As I said, a number of things could be done differently when it comes to Bill S-7. It is up to the Conservatives to make the necessary concrete changes to the bill.

We are proposing some extremely worthwhile improvements to the bill. For example, the government could commit to consulting stakeholders, such as front-line workers and experts, on the programs and measures that would most effectively prevent and combat gender-based violence and the best ways to put these practices in place in Canada.

We are also proposing that the government recognize the need to provide more prevention services and support to the victims of forced and underage marriages and female victims of any type of violence.

These very sensible suggestions were made by a host of witnesses and experts. These are concrete ideas. It is a matter of putting in place prevention and education measures. To me it makes sense.

I sincerely hope that the government will support the amendments proposed by my colleague from Pierrefonds—Dollard.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1:10 p.m.

The Acting Speaker Barry Devolin

Mr. Speaker, It being 1:15 p.m., pursuant to an order made Tuesday, June 9, 2015, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the report stage of the bill now before the House.

The question is on Motion No. 1. Is it the pleasure of the House to adopt the motion?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1:15 p.m.

Some hon. members

Agreed.

No.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1:15 p.m.

The Acting Speaker Barry Devolin

All those in favour of the motion will please say yea.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1:15 p.m.

Some hon. members

Yea.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1:15 p.m.

The Acting Speaker Barry Devolin

All those opposed will please say nay.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1:15 p.m.

Some hon. members

Nay.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1:15 p.m.

The Acting Speaker Barry Devolin

In my opinion the nays have it.

And five or more members having risen:

The recorded division on Motion No. 1 stands deferred. The recorded division will also apply to Motions Nos. 2, 3, 8 and 10.

The next question is on Motion No. 4. Is it the pleasure of the House to adopt the motion?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1:15 p.m.

Some hon. members

No.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 12th, 2015 / 1:15 p.m.

The Acting Speaker Barry Devolin

I declare Motion No. 4 defeated. I therefore declare Motions Nos. 5 to 7, 9, and 11 to 17 defeated.

(Motions Nos. 4 to 7, 9 and 11 to 17 negatived)

Normally at this time the House would proceed to the taking of the deferred recorded division at the report stage of the bill, however, pursuant to Standing Order 45 the recorded division stands deferred until Monday, June 15, at the ordinary hour of daily adjournment.