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.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

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

Conservative

Joe Daniel Conservative Don Valley East, ON

Mr. Speaker, part of the issue is that many of the polygamist situations that arise from immigration are based on rules that apply to their countries, not to our country. We get polygamy propagated here, with even young children being married. This provision would prevent that. We want to bring it up to the Canadian standard of law in terms of the age of consent, et cetera.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

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

Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, I am grateful to have this opportunity to speak to Bill S-7, the zero tolerance for barbaric cultural practices act. Bill S-7 introduces important legislative measures to protect potential and actual victims of early and forced marriage. These measures would also provide protections against other harmful practices and forms of violence that predominantly and adversely affect women and girls, such as polygamy and so-called honour-based violence.

Bill S-7 proposes to set the absolute minimum age of marriage at 16 in the Civil Marriage Act and codify in the same act the requirements that the marriage involve free and enlightened consent and that all previous marriages be dissolved prior to entering into a new marriage.

The bill also introduces changes to the Criminal Code to criminalize active participation in an underage or forced marriage and criminalize removing a child from Canada for these same harmful purposes.

Moreover, Bill S-7 would expand the peace bond regime in the Criminal Code to provide for a new court order designed to prevent an underage or a forced marriage from taking place in Canada and to prevent a child from being taken out of the country to be forced into a marriage.

Additionally, Bill S-7 proposes to limit the defence of provocation in the Criminal Code so that it could not be raised in cases involving so-called honour killing and in many spousal homicides, for which the alleged provocation often consists of verbal or offensive but otherwise lawful behaviour.

Finally, the bill puts forward important changes to the Immigration and Refugee Protection Act, IRPA, that would specify that a permanent resident or foreign national is inadmissible if they practice polygamy in Canada.

I would like to focus my remarks today on the proposed forced and earlier marriage peace bond provisions of the bill.

The prevention of violence has been a key aspect in our Conservative government's action on violence against women and girls. Expanding the peace bond regime in the Criminal Code by way of the proposed amendments in Bill S-7 is consistent with these important efforts.

Peace bonds are preventive court orders under the Criminal Code that require a person to agree to specific conditions to keep the peace. A peace bond does not require a finding of guilt or result in a criminal conviction unless the conditions of the peace bond are proved to have been breached.

When a peace bond is issued, the court imposes a mandatory condition to keep the peace and be of good behaviour, and may also impose any other reasonable condition necessary to ensure the good conduct of the offender.

The new peace bond would provide guidance to the court and the types of optional conditions that may be imposed. Some of these are the same as the other peace bonds in the Criminal Code—for instance, no contact or communication with a person who fears for their safety—while others have been designed for the types of circumstances that would specifically assist in preventing a forced marriage, such as preventing the defendant from leaving the jurisdiction of the court; preventing the defendant from making plans or arrangements related to the underage or forced marriage, such as booking a wedding venue or a plane ticket to leave the country for the ceremony; requiring the defendant to surrender passports or other travel documents to the court; and requiring the defendant to participate in a treatment program that includes family violence counselling.

The proposed peace bond could last for a period of one year, and up to two years if the defendant had previously been convicted of a forced or early marriage offence. Subsequent peace bonds could be taken out on behalf of a victim should the threat of an early or forced marriage persist.

The new peace bond would play an important role with respect to victims who might be reluctant to engage the authorities because they do not want their family members prosecuted. In some cases, family members may be otherwise law-abiding individuals whose actions are simply misguided and not intended to be harmful.

The availability of a peace bond would encourage potential victims to seek out the support of the criminal justice system without fear of criminally prosecuting family members. However, peace bonds are enforceable through the threat of a criminal sanction. A violation of the terms of the peace bond is an offence under section 811, punishable by a maximum of a two-year prison sentence. Bill C-26, the tougher penalties for child predators act, proposed to increase the maximum penalties for breaching a peace bond to four years of imprisonment on indictment.

The proposed forced marriage peace bond provisions in the Criminal Code are similar to the highly successful civil forced marriage protection orders available presently in the United Kingdom. Apart from that fact, the U.K. forced marriage protection orders are civil, while the proposed forced marriage peace bonds in Bill S-7 would be under the Criminal Code. However, they are otherwise alike in many respects. For instance, both are preventative court orders that do not constitute a criminal charge. Both are available by way of an emergency application on behalf of the victim, and conditions can be applied against a defendant prior to a hearing on the merits. Both require a hearing before the court and both rely upon a civil standard of evidence, which is the balance of probabilities, as opposed to a criminal one, which requires establishing the facts beyond a reasonable doubt.

It should be noted that any individual may make the application, including the victim, relatives, or any other person. The victim would not be required to apply for the peace bond personally. In many cases, it would be expected that a police officer would swear the information against the defendant, although a child protection or victim service worker might also do so.

As members can see, peace bonds are just one essential part of this very important piece of legislation.

It is this government, under this Prime Minister, that is taking steps to strengthen our laws to help ensure that no young girl or woman in Canada becomes a victim of an early or forced marriage, polygamy, so-called honour-based violence, or any other form of harmful cultural practices. While the opposition refuses to even call these acts “barbaric”, our government is taking action.

I hope that all members appreciate the importance of this bill, and I encourage all members to give Bill S-7 their full support.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 1:20 p.m.

NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, I would like to say that the NDP is opposed to forced marriage and polygamy and that we want to discuss this issue further.

Since the debate on Bill S-7 began, we have raised a number of problems with the bill, but the Conservatives always seem to deny that they exist. However, this bill will have unintended consequences. For example, the victims—women and children—could be deported from Canada if this bill that criminalizes the aggressors goes ahead.

Many expert groups are saying that they wish they had been consulted because there are no resources that provide direct support for the women, who are not necessarily familiar with all of the Canadian laws that could protect them. No support services are offered. Not much is being done in the way of prevention and there are no support services available after the fact. Many of these expert groups work with battered women or women who have experienced these problems.

The Conservatives are only making things worse by limiting debate for the 91st time on a subject that is so important: a bill that is supposed to help victims of violence in forced or polygamous marriages.

It is really frustrating to see the Conservatives sensationalizing such a serious issue, rather than really addressing the root causes of the problem and proposing solutions that will actually help women.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 1:25 p.m.

Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, I of course acknowledge that all members in this House stand against violence against women and girls. Those are Canadian values, and that is what we stand for.

No government and no prime minister has been stronger in making sure that our Canadian values, our laws, and, as I just mentioned, peace bonds are in place to protect victims. They are in place to protect the sanctity of women and girls and to protect them from being forced into marriages or otherwise subjected to barbaric practices that are against Canadian values everywhere in this country.

Although I appreciate the hon. member's point of view, I reject the premise of her question. This government stands for women and young girls. We stand firmly against violence and barbaric practices, which are against Canadian values. Bill S-7 supports all of those things.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 1:25 p.m.

Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Mr. Speaker, ever since I was kid, and especially when I was a kid, my parents tried to tell me about Chinese culture, because our family immigrated from China. They wanted me to learn about it, understand what it was, and even pass it on to my own kids.

One of the things I remember they would also tell me about was how life is so good here and that in the old days, many generations ago, everybody used to have arranged marriages. Of course, this is not something people would ever contemplate today, and my parents would say that we are very fortunate in not doing this anymore.

However, I believe they would be insulted, and I am insulted, when somebody calls that a barbaric cultural practice. It may be wrong. It may be wrong for society today, but to call it a barbaric cultural practice is going too far. For example, there are reasons that some marriages, a long time ago, may have been arranged. Some societies do not have a lot of extra wealth to put into choosing mates in the way that our society does.

To completely classify that sort of activity as a barbaric cultural practice is going too far. We can say that domestic abuse, domestic violence, forced marriages, and all these things are wrong and against the law in Canada, but to condemn cultures in that very general way is not needed in this law.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 1:25 p.m.

Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, I am entirely confused by what the member actually stands for. That might actually epitomize the third party.

We are a nation of values. We are a nation of laws. We are a nation of freedom, democracy, and human rights. We allow people to have free choice and personal liberties. That is what this government stands for.

Nobody should be forced into any practices that violate Canadian laws. I understand some of these other practices may occur around the world, and many of them are barbaric. Many of them do not stand in Canada, because they violate Canadian values and they violate Canadian sensitivities. We will not stand for that. Bill S-7 will not stand for that. This government will not stand for it.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 1:30 p.m.

NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, I am pleased to stand and be part of this debate today on Bill S-7, which intends to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other acts. The short name of this bill is the “zero tolerance for barbaric cultural practices act”. I am pleased to speak to this today. I will be sharing my time with the member for Newton—North Delta.

I think all of us the House would agree that domestic violence is a problem in all of Canada, not just in some communities as this bill seems to imply. We see violence at all socio-economic levels in society, in all cultural communities. It is not just among certain populations. Clearly, I think we would all agree that no woman should be subjected to gender-based violence, regardless of her race, religion or citizenship status. That violence would include being subjected to a forced or underage marriage.

I will preface my remarks by saying that if the government sincerely wants to address the issues of violence against women, first we would call on it to immediately hold an inquiry into the more than 1,200 missing and murdered indigenous women in Canada. That would be a good start. Second, it should bring in a national action plan to end violence against women in Canada. Those two measures would go much further than the Bill S-7, which would be to benefit all women in Canada.

The issue the bill pretends to address, which is underage and forced marriages, is not really addressed. What gets heard by people who are learning about the bill, and certainly by the communications that surround this bill, is that it targets a particular culture. People hear that as being very xenophobic, very unwelcoming. Of course, we all stand together in opposing underage marriage, forced marriage and gender-based violence.

Let me be clear that Bill S-7 contains no new tools or resources to help front-line workers and organizations, the very people who are actually working with the women who are the victims of forced and underage marriage. They have expressly argued against the provisions of the bill because they know it would help fewer rather than more women in that situation.

Not only would this bill not solve the problem of gender-based violence that it seeks to address, but if passed, could very likely and in all probability make the situation worse by driving those victims of forced and underage marriages further underground, leaving them even less able to seek assistance.

In 2013, a clinic in my area in downtown Toronto, the South Asian Legal Clinic of Ontario, released a report on forced marriage after conducting an analysis of the surveys that it gave to support providers in order to collect data on forced marriages. It was a survey of the people who worked with and directly helped victims of forced marriage. Of the recommendations accompanying the report, one in particular was not to further criminalize forced marriage, that these women were already very marginalized.

That may sound counterintuitive. Why would we not say that this is against the law? Because most of the perpetrators of forced marriage are in fact their family members, their husbands and sons, et cetera. Victims reported their hesitation to criminalize members of their own family. That is a very real situation with which communities deal. In fact, victims reported that they would be “hesitant to seek any outside assistance if this would result in criminal...consequences for family members”. We must remember that these may be women who have children with the people who have forced them into this marriage situation.

No one is suggesting that forced marriages should be allowed; clearly, they should not be allowed. No one is suggesting that they do not ever occur in Canada; they do occur in Canada. We believe there is a role for government. However, rather than helping the victims of gender-based crimes, which is based in a rather patriarchal view of the role of women in society, the government is too focused on criminalizing this behaviour, locking people up and throwing away the key, instead of eliminating it.

Since this legislation has been introduced, we might ask if there is not other legislation that already covers this situation. The government could have beefed up the enforcement of existing legislation, because obviously polygamy and forced marriage is already illegal. For example, uttering threats, forcible confinement, procuring a feigned marriage and polygamy are already prohibited and illegal. Spousal and child abuse are aggravating factors. The Civil Code of Quebec and the common law of other provinces already require free and enlightened consent for marriage. In other words, this provision already exists in law so the bill is redundant. All the bill serves to do is sensationalize this issue without getting to the root of the problem and helping people.

I referenced a report from the South Asian Legal Clinic of Ontario. The government could have implemented many of the recommendations in that report. For example, it found that 50% of the clients who sought its services were not even aware of their existing rights with respect to forced marriage. Therefore, educational campaigns about their rights aimed at service providers, such as social workers, police, teachers and guidance counsellors, to help them understand the warning signs and the pressures faced by victims of forced marriage would have gone much further in terms of preventing forced and underage marriage than the bill does.

There is no allowance for the wives and children of an individual found to be committing these crimes. What happens to them? Those who are found to be engaged in a forced marriage are deported, whether or not they are the perpetrator or the victim of the marriage, which seems very unfair and makes it much less likely that anyone would report that situation or go to the police. That leaves little room for women who are fleeing violence or want out of that situation to officially report that they have been subjected to a marriage against their will. This is especially so if they have children.

Another way the government could have addressed this problem would have been to add forced or underage marriage to the definition of family violence for the purpose of seeking housing. That would have provided women greater flexibility to leave this kind of oppressive situation as they would be given preference for housing along with other people fleeing domestic violence.

Simply put, the legislation does nothing to address the real problem of forced and underage marriage. There is no help for victims, only the threat of deportation and the criminalization of their family. There is no help for enforcement. It would be a very different bill if the government only sought to prosecute by using the laws that are already on the books. There is no help for organizations and government service providers who work with newcomers and citizens to identify and prevent forced and underage marriage to assist victims who are fleeing these situations.

After 10 years in office, the Conservatives have taken Canada in the wrong direction, and the bill just continues along that path. The Conservatives are taking Canadians down the wrong path. Canadians can trust the experience and the principled leadership of the New Democratic Party leader to replace the Prime Minister and address the real issues of gender-based violence in a meaningful way.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 1:40 p.m.

NDP

Marc-André Morin NDP Laurentides—Labelle, QC

Mr. Speaker, there are a few little things that I do not understand.

From the title of the bill, one has to wonder whether it is attacking certain types of crime or certain cultures. My colleague raised another interesting point in her comments and that is the issue of aboriginal women. The Prime Minister himself has categorically said that this is strictly a crime problem that must be resolved by the police and the justice system, but all of a sudden it becomes a cultural issue.

I do not understand that and I would like my colleague to try to shed some light on the matter.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 1:40 p.m.

NDP

Peggy Nash NDP Parkdale—High Park, ON

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

I will never know what the Prime Minister and his caucus members are thinking. However, I completely agree that this bill targets a culture rather than a crime. It is dangerous for a government to try to divide people and foster a backlash against a certain culture.

If the government really wants to do something effective, it can conduct an inquiry into the murdered aboriginal women. That is what the communities want and that is what we want. This is already long overdue, but it must be done as quickly as possible.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 1:40 p.m.

Conservative

Stella Ambler Conservative Mississauga South, ON

Mr. Speaker, first, I do not understand why the NDP sees things in the bill that are not there and seems to be blind to the things that are in it.

The last time the bill was debated in the House, members of the official opposition kept saying that the bill would marginalize victims. The truth is that actual victims of these barbaric practices, like Aruna Papp, an amazing woman whom I have had the honour to meet, and Lee Marsh support the bill. How does the opposition justify using this kind of rhetoric when actual victims are coming out and supporting the bill?

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 1:40 p.m.

NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, I beg to differ. The executive director of the Canadian Council of Muslim Women, for example, says:

We wish the government had consulted with some of us prior to drafting this legislation, and we hope that there will be respectful consultation between the government and community groups so that a concerted effort can be made to address the issues of violence against women.

There are several community agencies that deal everyday on the front lines with newcomer women who are affected by violence, who are affected by forced marriage, who are facing all kinds of challenges. If the government had had the respect to hear from their experiences and their recommendations, we could be debating a very different bill today.

I would ask my colleague opposite to consider the experience of front-line women and to respect that. Let us work together to try to get rid of the xenophobia in the bill and help the women who the bill supposedly is designed to help.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 1:40 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, today I rise to speak on a bill, the title of which I find quite abhorrent, the title being zero tolerance for barbaric cultural practices. I do not know when this kind of language started to enter the House when we talk about legislation that is going to impact the lives of many people.

Let me first say that nobody on this side or that side of the House will tolerate any barbaric practices, but to say that barbaric practices are embedded in one culture or the other seems a little bizarre to me and, in the present context, seems to be very inflammatory in light of the comments made by backbenchers, the Prime Minister, and other people.

I want to take the tone down, because I take this issue very seriously. Gender-based violence is a serious issue, and all of us know there is enough research to show that it crosses all social, ethnic, and cultural boundaries. We always excuse it when we put the word “cultural” in front of it, that somehow it only happens in other countries and not across our communities.

I also want to say at this stage that it seems a bit strange to me that I have got up to speak on this bill without mentioning something significant that happened in my riding over the last 48 hours. There have been five shootings in my riding in recent hours. The RCMP has brought in extra police, who are very working very hard, and the community is very worried. When I look at the context, I keep thinking there are so many things we should be addressing right now in this country. My heart goes out to all those in my community who are worried, and I thank the members of the RCMP who are putting their lives at risk in order to make our communities safe right now.

There is a link with what I am talking about happening in Surrey and this bill, and it is called resources. Many times I have stood in the House and asked for additional resources for the City of Surrey so it can get the additional policing it needs, because it has incredibly low ratios. It is those kinds of resources that help with preventive work and stop the shootings that have been taking place over the last 48 to 72 hours.

I want to talk about domestic violence. First, let me assure everybody across the aisle, before anybody decides to point fingers—because I have experienced that before—that there is no one on this side of the House who supports gender-based violence, no matter which cultural group one may belong to. There is no one on this side of the House who supports child or forced marriages, and there is no one on this side of the House who supports polygamy.

Now that I have put those issues out there, I am going to tackle them one at a time. When it comes to domestic violence, we know that we have laws right now, and if passing one more law, saying all domestic violence shall end, would actually eradicate it, I think all of us would be rushing to vote for it.

We have laws already, but I would say what is lacking now are resources and enforcement. I say resources because we know that if we want victims to come forward, we have to provide them with a support system, and this bill would not do that. As a matter of fact, this bill could have the collateral damage—language my colleagues across the way sometimes use—of making victims go underground and not speak up because they know that if they speak up, either the victims or their children could be deported and criminalized.

Once again, one thing I know as a teacher and counsellor is that, if we really want to talk about domestic violence and to end gender-based violence, it starts with education, information, and with having laws that we actually enforce, but for that we need people to come forward with evidence. We need to put a support system in place so that the victims, the women and the children, have safety and security while they are going through the system and tackling the abuse that is going on at home.

Also it is also very offensive to see that word. Of course any kind of domestic violence is barbaric. However, to relate it to culture is going over the top and is the kind of politics I have been hearing a lot about, whether it is talking about brownies and whities, or brandishing all Muslims across the globe as being anti-women, or the extreme reach of Bill C-51, or not even allowing the Privacy Commissioner to give evidence because it might not agree with my colleagues across the way.

We already have laws and if they need to be tightened up, that is where the focus should be. If they need to be resourced, that is where my colleagues should be bringing forward legislation, if we really want to tackle gender-based violence. It is my understanding that we already have laws to prevent forced marriages and child marriages. There is an age of consent before the age of 16, and surely we do not have laws that put up with people forcing themselves on minors. We have legislation like that. Once again, this is another one of those window-dressing bills to appeal to a base, where they believe they can collect millions of dollars from hard-working Canadians.

The other issue I want to tackle is the issue of polygamy. Mr. Speaker, forgive me if I do not have this right and I am sure you will correct me if I do not, but it is my understanding that in Canada, we actually have laws that prevent people from being married to more than one person at a time. This legislation is not for what happens in other countries; it is about what happens within Canada, a Canadian law to apply to those living in Canada.

We live in a country where people get married, the marriages do not work out, and they end up getting divorced. We are not saying they do not get married again, but under Canadian law we can have only one wife at a time. I have a very vivid memory of this because, in the case in B.C. over Bountiful, I was one of the witnesses. It shocked me when I was reading the bill that we have a government that believes polygamy is okay in Canada. That is why Conservatives are bringing the bill forward. This is absolute nonsense. We do not have polygamy in our country. If people want to get married again because a marriage does not work out, that is okay, but it is one marriage at a time.

We already have laws against polygamy, so really what is the bill all about? Once again, what the Conservatives want to achieve in the bill could have been done in other ways, but it would not have given them the sound bites they needed to go to the media and say, “We are against barbaric cultural practices”. We on this side are against barbaric practices, period, without any modifiers and without any excuses.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 1:50 p.m.

Richmond Hill Ontario

Conservative

Costas Menegakis ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, listening to the member's intervention on this particular piece of legislation, Bill S-7, I find it abundantly obvious that she does not have a good grasp of it. For example, on the issue of polygamy, she correctly stated that polygamous marriages and unions are not permitted in our country. However, this legislation deals with someone who shows up in Canada with three or four wives from the country he is coming from, and it would prevent that from happening.

This is something that the member opposite seems to have missed in the legislation, as well as a whole bunch of other things. I would be pleased to sit with her and give her a better briefing, outside the confines of the House, so that she has a good understanding.

This legislation is the product of a very extensive study done by the citizenship and immigration committee. It would be wise if the member spent some time with the NDP members of that committee so that she can be briefed on the recommendations that came out of the report.

The member also seems to want to allude to the fact that this piece of legislation is somehow an affront to one particular culture or group of people. There is no reference to one particular culture, cultural group, or multicultural unit within Canada. As a matter of fact, I personally know of several people who would fall under this, who are from different communities.

Perhaps the member is going to elaborate on that.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 1:55 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I want to thank my colleague, through the Speaker, for offering his time to brief me on what is in the legislation. Maybe he will give me the time so that I can go through the bill and tell him why it is not needed and why it is so overarching and not necessary.

We are not the only ones who are saying this. He said when people come here “with three or four wives”. What is our immigration department doing letting people into the country bringing three or four wives with them? In my riding, people find it hard enough to bring one wife with them, and for those who get married overseas, it takes months and years to bring their spouse over; yet, according to the parliamentary secretary, we now have people coming into the country bringing three or four wives with them from other countries as their wives, because I do not see how else they would be entering the country.

The parliamentary secretary needs to go and have a word with the immigration officers to make sure that is not happening.

Second, he talked about the victims and the fact that we do not understand the bill. We do understand the bill. Of course we are against any kind of violence. However, when we look at the rhetoric in this bill, we see it is definitely meant to inflame and not address real issues.

Second ReadingZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 1:55 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would like to go back to the short title, because I think it has really offended a great number of Canadians. We live in a very multicultural and tolerant society, and the government has chosen some fairly strong wording for the short title, “zero tolerance for barbaric cultural practices”.

I want the member to focus on the word “culture”. I would argue that there is no link between domestic violence and culture. In fact, every society has some form of gender-based violence. There is no argument whatsoever to be made that the word “culture” should be incorporated.

Would she not agree with that assessment?