Zero Tolerance for Barbaric Cultural Practices Act

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

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

Status

This bill has received Royal Assent and is now law.

Summary

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

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

Elsewhere

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

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

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

Votes

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

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 4:50 p.m.

Conservative

Chungsen Leung Conservative Willowdale, ON

Yes, Mr. Speaker, it was indeed a pleasure serving with the hon. member on the immigration committee, and we certainly discussed a broad range of issues.

The issue of visitor visas belongs in a separate discussion. However, with respect to cultural practices, polygamy, and so on, the issue came about because as we were doing broad consultations across Canada, we recognized that this was an issue we needed to address. Therefore, we continued our study and addressed this specifically. The end result is Bill S-7.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 4:50 p.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, to begin, and given that this bill is subject to the latest in a long line of time allocation motions, I will say that it is my great pleasure to share my speaking time with my very esteemed colleague from Rivière-des-Mille-Îles. I know that she will speak intelligently and will represent her constituents very well.

For a bill that is going to cause all sorts of disruptions and, most importantly, result in absolutely unbelievable duplication, it is scandalous that, even if we could not persuade our Conservative colleagues, we do not have enough time to alert the Canadian public as a whole to the dangers associated with the undercurrents of racism, intolerance, extreme rhetoric and incoherence that are the hallmark of this government when it tries to deal with genuine and serious problems to which we need to find an answer. That answer must not amount to legal and legislative fiddling that unfortunately is likely to lead to very harmful consequences, especially for the victims, as we told this government at every stage of this bill, and as a majority of the witnesses said at the Standing Committee on Citizenship and Immigration. Unfortunately, with its electioneering, shamefully partisan and frankly vote-buying approach, the government is trying to use the legislative tools that are entirely under its control to buy its re-election on the backs of hundreds if not thousands of victims all across Canada.

This is truly depressing. No woman in this country should have to suffer violence or the kind of life that forced or early marriage imposes. In fact, this country we are so proud of, the country willed to us by our ancestors, has worked very hard to promote equality of status between men and women. Introducing this bill, which is quite simply a mess, if we go by the title, is no way to preserve that heritage. I will take the liberty of reading the short title we know so well by now, which gives the impression we are returning to ancient times, to the biblical times of the Old Testament: Zero Tolerance for Barbaric Cultural Practices Act. Words are our chief tool, as legislators, for taking action in our society and ensuring that our constituents live in the best possible conditions. The government, however, is tossing around loaded terms whose effect is to marginalize a large segment of our population. When shame is heaped on their head by the opposition, they should be ashamed. The opposition was not being unfair; quite the contrary. In the work done in committee, we were very reasonable and proposed only two amendments. In spite of the opinion of the large majority of all 24 witnesses, the government refused even to seriously consider thinking about the two amendments presented by the New Democratic Party.

Despite this sensationalism, the problem has not been resolved—quite the opposite. The minister finally made a proposal through the unelected, illegitimate Senate. Nonetheless, the minister should have committed to holding full and serious consultations on the matter.

One of the concerns expressed by all the witnesses was that in reality, the government is legislating about something we do not fully understand. We do not know the full extent of this phenomenon and there are no reliable statistics. The government is legislating blind and repeating provisions that already exist in the Criminal Code. In other words, it is simply reiterating and repeating legal provisions that prohibit forced marriages and polygamy, among other things. We therefore find ourselves watching the government engage in a huge marketing campaign to show how tough it can be on those who abuse the most vulnerable in our society. However, in reality, those who are really exploiting these oppressed people and victims of forced marriage are the Conservatives when they introduce this type of bill.

In fact, the thing that infuriates me is that this is a recent stunt by the Conservatives. Very modestly, in four years in the House, I have been a member of four different committees. I have seen every trick the Conservatives throw at us to push their agenda through. A very recent practice that is rather odd is that when members from the opposition parties propose amendments in committee, the Conservatives have speaking notes prepared ahead of time to justify their unjustifiable positions.

Having experienced that during the study on Bill C-59, the budget implementation bill, I have to say that we proposed a very reasonable number of amendments. There were times when the governing party's justifications for rejecting amendments bordered on ludicrous. Our amendments were aligned with the concerns and requests we heard from witnesses during the committee's work.

For the benefit of all members of the House, I would like to remind everyone of what the vast majority of the 24 witnesses who spoke to this bill said. They—and this includes pro-Conservative witnesses—expressed serious reservations about the short title, for one thing. It is an insult that goes back to antiquity. It would have been more appropriate in the days of the Romans and the Greeks than it is today. The Conservatives also had reservations about the minimum age of consent, the definition of polygamy, penalties for minors and women and issues related to the defence of provocation.

There comes a time when, faced with a vast majority of opinions on a great many aspects of a bill, one makes concessions and tries to find a way to agree on certain aspects to make it work.

I think that this tired and dying government has reached its limit. The Conservatives are so keen on proving their legitimacy that they are refusing to listen to any opinion that differs from their speeches, which have been pre-formatted by the advisors in short pants in the Prime Minister's Office. These advisors are imposing opinions on people who, if they did not belong to the Conservative Party, would likely be able to express themselves in a very reasonable way. However, they gave up all of their freedom, and apparently their duty to their constituents as well, in order to pander to voters. At election time, they want to be able to tell people to look at how they solved the problems of barbaric cultural practices that are becoming increasingly common in Canada because of immigration and are threatening our way of life.

That is really shameful, and that is why all of my NDP colleagues and I will be voting against this bill.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 5 p.m.

Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, I thank my colleague for participating in the debate on Bill S-7, the zero tolerance for barbaric cultural practices act. I spoke to the bill during the second reading debate.

I have been here all day. Most of the response to the bill has been that opposition members do not like the word “barbaric” in the title. As a father of two daughters, any violence against women or honour killing is barbaric, and voting against the bill is barbaric.

When members of his party are out talking to their constituents and this bill comes up, what it does, and that it would help criminalize the issues honour killing and violence against women, are they going to say that kind of violence against women is not barbaric?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 5 p.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, my colleague seems to be confused. Is any type of murder legal in Canada? That is the underlying question.

When a term like “barbaric” is used to describe cultural practices, we are basically pointing a finger at a segment of the population, subjecting them to scrutiny and disgracing them. That could polarize our society, which is a very dangerous thing to do. In many countries around the world, this type of situation opens the door to violence against minorities and abuse of power.

Frankly, as a Canadian, that is the type of thing I never want to see happen in our beautiful country.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 5:05 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, there is no doubt that one could argue successfully that certain aspects of the legislation are not necessary because the law is there in one form or another already. However, that is not 100% true for all aspects of the legislation. I will use the specific example of establishing a national minimum age of 16. This is completely new and it is not in any legislation or deemed a criminal act today. Members might try to wiggle some room around it and maybe cite this or that, but it is new.

The member, like me, has been in the chamber and passed all kinds of legislation, which have been nowhere near as significant as this aspect in the proposed legislation. Therefore, does the member not see any good whatsoever within the legislation? If the answer to that is yes, as I believe it should be, particularly in establishing a national age, then what specific aspect of the legislation, if passed, will cause harm to Canadians?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 5:05 p.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I would like to thank my colleague from Winnipeg North for his question

There is an aspect of the bill that I forgot to mention in my speech, but I will not mention it now.

There is something very troubling about the Liberals, and there is no denying it. When we studied the anti-terrorism bill, Bill C-51, the Liberals said that they did not agree with the bill, but that they would vote for it, and once they took power—which is highly unlikely—they would change things.

What is very troubling is that they are doing the same thing with Bill S-7, despite the opinion of the majority of witnesses, who pointed out many problems with different parts of the bill. Those problems make it almost impossible to adopt the bill in its current form, or without significant amendments. In the end, we would find ourselves with a bill that is both counterproductive and unsatisfactory. Thus, the Liberal approach is really pointless. It is a dead end.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 5:05 p.m.

The Deputy Speaker

The hon. member for Rivière-des-Mille-Îles. I must inform her that she will only have only about six minutes for her speech.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 5:05 p.m.

NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I rise in the House today to strongly oppose the Conservative government's Bill S-7, the so-called zero tolerance for barbaric cultural practices act.

The title of the bill is our first indication that it was introduced by the government for partisan purposes and that it promotes xenophobia. Furthermore, the bill does not manage to protect women and girls affected by polygamy, forced marriage or domestic violence.

I want to start by saying that I agree that we must address polygamy, forced marriage and early marriage. These problems exist in Canada, and the government should be looking at finding real solutions. Unfortunately, this bill does not offer solutions.

All forms of violence against women and children are unacceptable. We must invest resources and combat these crimes. However, the bill does not offer the right response to these serious problems. The New Democrats are not the only ones saying so. A number of experts also shared these concerns in committee. The bill could have some very serious consequences for the women and girls it claims to protect. Moreover, the bill could make existing problems even worse.

I just want to comment on the problem of violence against women in Canada. Unfortunately, the current government is refusing to do anything about it. For example, the Conservatives have refused to launch a national investigation into missing and murdered aboriginal women despite broad consensus across the country about the need to address this Canada-wide problem. While the government refuses to take action, aboriginal women remain consigned to difficult and dangerous situations.

Although we support certain very specific measures in Bill S-7, civil society groups have told us that women and girls seeking to escape such dangerous situations did not have the resources they needed to get themselves into safe situations. No woman should be subjected to gender-based violence, which includes forced and early marriage.

Bill S-7 could have serious consequences. It could result in increased social pressure on victims of forced marriage. Victims of polygamy could be deported.

The Conservative government still has not explained how this bill will help victims of polygamy and victims of early and forced marriage. How will deporting victims help them in any way? In reality, this bill puts them in an even more dangerous and precarious situation. That is why we denounce the measures set out in this bill.

What is more, the Conservatives did not do any consultation or any studies before introducing this bill in the House, even though they had the resources to do so. This proves that this bill was intended only to play politics and please the Conservative electoral base, not to help the victims of early marriage.

This is a sensationalistic, botched, ill-conceived bill. Instead of introducing such bills, the government should invest in organizations that help women in precarious situations.

We have noted that there is a shortage of services in Canada for these women and girls who do not have access to affordable, safe housing, in particular. How is a woman supposed to get out of a violent situation if she cannot find safe housing?

As we know, there is also a lack of psychological support. It is important to offer psychological support to these women, who often find themselves in violent situations. Furthermore, the families are often traumatized, because they have to go through the criminal justice system and the immigration system, which are complicated. These women have a hard time navigating Canada's complex systems. We need to support them.

In closing, I would like to quote Deepa Mattoo, a staff lawyer with the South Asian Legal Clinic of Ontario, who appeared before the committee to comment on this bill. She said:

Giving it a shock factor name will not eliminate the issue. Instead it will force perpetrators to take this underground, ensuring the victims and potential victims are isolated from any resources.

For the reasons I mentioned, I cannot support Bill S-7.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 5:10 p.m.

The Deputy Speaker

It being 5:15 p.m., pursuant to order made Tuesday, June 9, 2015, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 5:15 p.m.

Some hon. members

Agreed.

No.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 5:15 p.m.

The Deputy Speaker

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

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 5:15 p.m.

Some hon. members

Yea.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 5:15 p.m.

The Deputy Speaker

All those opposed will please say nay.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 5:15 p.m.

Some hon. members

Nay.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 5:15 p.m.

The Deputy Speaker

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

Before the Clerk announced the results of the vote: