moved that Bill S-210, an act to amend 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, be read the second time and referred to a committee.
Madam Speaker, I am grateful to have the opportunity to speak to Bill S-210.
Bill S-210 is a straightforward piece of legislation. It proposes to repeal the short title found in section 1 of 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. The only thing that is affected through Bill S-210 is the removal of the short title.
Bill S-210 was introduced by Senator Mobina Jaffer and, having passed third reading in the other place, is now before this House for consideration and debate.
Bill S-7 received royal assent on June 18, 2015, with the short title of “Zero Tolerance for Barbaric Cultural Practices Act”. It is this short title that the bill before us today proposes to repeal.
As my colleagues may be aware, the act that we are proposing to amend today strengthened efforts to prevent early and forced marriage and to better protect and support vulnerable Canadians, particularly immigrant women and girls. Bill S-7 also inappropriately and unnecessarily paired the words “barbaric” and “cultural” so as to suggest that practices such as forced marriages and polygamy were rooted in cultures external to Canada. In reality, Canada is faced with many of the issues which Bill S-7 sought to address irrespective of any particular culture. Ultimately, the use of the phrase “barbaric cultural practices” was used by the previous Conservative government as a tool of division, and we are presented with an opportunity and I might say even a duty to fix this.
As Senator Jaffer stated, “What this title implies is simply the recompartmentalizing of things that are already illegal in Canada to attempt to reframe it as though a specific culture promotes these practices and, therefore, to claim that the culture is barbaric.”
During the parliamentary review process, stakeholders, senators, members of Parliament, committee witnesses, and the media criticized the short title. Stakeholders as diverse as the Metropolitan Action Committee on Violence Against Women and Children and the Metro Toronto Chinese & Southeast Asian Legal Clinic opposed the short title stating that it would create divisions within Canadian society by targeting certain communities.
Avvy Go, the director of the Metro Toronto Chinese & Southeast Asian Legal Clinic, stated during her testimony to the Standing Committee on Citizenship and Immigration that the title “invokes racist stereotypes and fuels xenophobia toward certain racialized communities”. She further went on to say that it “detracts from Canadians having a real and honest discussion about domestic violence and from seeing domestic violence for what it really is, namely, an issue of gender inequality and not an issue of cultural identity”.
Further, representatives from the Canadian Bar Association and the Ontario Council of Agencies Serving Immigrants raised similar concerns about the divisiveness of the short title. Noted immigration lawyer Chantal Desloges also stated that the short title “deters citizens from engaging in meaningful discussion of the bill’s actual content”. Dr. Rupaleem Bhuyan, a professor at the University of Toronto’s faculty of social work, also pointed out at committee hearings that the title is “misleading from the serious issues that this bill seeks to address”, and recommended instead attention on promoting gender equality, which is something this government has high on our issues of importance.
Former minister of immigration, refugees, and citizenship, the Hon. John McCallum, who was the Liberal immigration critic during debate on Bill S-7, spoke to the bill's short title in the previous Parliament. On the use of the word “cultural” he said:
That word is both offensive and unnecessary. We on this side of the House agree that these practices are barbaric, so we do not object at all to the use of that word. When one inserts the word “cultural”, it carries the implication that there are certain cultures, certain communities that are being targeted. Whether that is in the minds of the Conservatives is something we can debate, but it certainly carries that implication across the country. There is no reason to force that implication to be carried, because as has been pointed out, in terms of polygamy and other barbaric practices, they are certainly not limited to any one community.
He further went on to express:
I do not think the word “cultural” adds anything. It certainly does not add anything to the content of this bill, and it is misleading in that it carries the implication in the minds of some Canadians that this bill is targeting their particular culture or community.
These are just a few examples of voices that spoke out about the short title. As you can see, many individuals and organizations share similar sentiments.
In fact, Mr. McCallum had proposed an amendment to the bill at committee stage that would have seen the word “cultural” removed from its title. The amendment was rejected.
Even Senator Salma Ataullahjan, the original sponsor of Bill S-7, supports removal of the short title. As she put it during debate at third reading:
When I spoke to Bill S-210 at second reading, I affirmed my strong support of Bill S-7 and its intent. However, I also fervently expressed my opposition to its short title, which, in my view, is incendiary and deeply harmful, as it targets a cultural group as a whole rather than individuals who commit the specific acts.
The inappropriate pairing of “barbaric” and “cultural” in order to fuel racist and xenophobic attitudes is not who we are as Canadians. Quite frankly, these attitudes and the impressions that this short title perpetuates have no place in Canadian society.
The phrase “barbaric cultural practices” was used by the former Conservative government to divide Canadians. As were many Canadians, I too was disgusted when the Conservatives announced their so-called barbaric cultural practices hotline, which was a thinly veiled attempt to appeal to the worst in Canadians, an attempt to sow fear of others that would have had Canadians snitching on one another.
This is not who we are as Canadians. We have heard that clearly from Canadians. Such practices are not healthy for democracy. They result in divisiveness and mistrust, and perpetuate discrimination and intolerance.
Today, we have an opportunity to fix an expression of these attitudes in the form of Bill S-7's short title. I am hopeful that all members in this place will join me in supporting the repeal of the short title. Bill S-210 reflects our commitment to openness, acceptance, and generosity in Canada's immigration policies. It reflects our commitment to common sense, and a Canada that does not purposely use inaccurate and inflammatory language to divide us. Of course, it also reflects our commitment to protecting vulnerable individuals in Canada, particularly women and children.
As the Prime Minister has said on numerous occasions, diversity is our strength. Canadians understand this. We know that Canada has succeeded, culturally, politically, and economically, because of our diversity, not in spite of it. Diversity has been and will continue to be at the heart of our success and of what we offer the world.
The success of immigrants is our success as a strong and united country. As the member of Parliament for Cloverdale—Langley City, I am proud to represent a diverse and inclusive population. Our communities are home to Christians and Sikhs, Buddhists and Muslims, first nations and newcomers.
Canada is a modern nation rooted in principles of multiculturalism and diversity. At our core we understand that our different backgrounds, beliefs, and heritage truly make us stronger. They contribute to a cultural tapestry that enhances our collective identity and signals to the world that Canada is an open and welcoming nation.
Canada is a nation of newcomers, and we know that when newcomers succeed, Canada succeeds. I am proud to be a member of a government which welcomed over 40,000 Syrian newcomers during one of the worst humanitarian crises of our time. In this act, we demonstrated leadership on the world stage as a progressive, inclusive nation. Resettling refugees is a proud and important part of Canada's humanitarian tradition. It reflects our commitment to Canadians and demonstrates to the world that we have a shared responsibility to help people who are displaced and persecuted.
To play different religious, ethnic, or cultural groups off of one another is simply wrong. It is reflective of a style of politics that Canadians soundly rejected in the last election. Conflating abhorrent practices like polygamy with particular cultures does a disservice to the inclusive and welcoming attitudes that we as Canadians work hard to foster. It inaccurately suggests that these practices are ascribed to particular cultures.
As Senator Jaffer has said, “We can call terrorists barbaric, we can call violence barbaric, but we cannot call cultures barbaric.”
Our words matter, and in this place, they have consequences with implications resonating across our country. The words we use reflect our intentions and the type of nation we want to build as Canadians, as well as a reflection of what we offer to the world.
The strength of our new Canadians is what makes us stronger, and we must be vigilant that our actions and words reflect the openness that our country is known for.
Bill S-210 is straightforward. It would remove a short title that was seen as promoting division and intolerance, and as targeting specific communities. There are no substantive changes to any of the legislation. It is simply the removal of the short title.
I truly encourage all my hon. colleagues to support the bill and to work together to foster an open, generous, tolerant, and inclusive Canada.