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 was last introduced in 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 often publishes better independent summaries.

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.

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 / 1:55 p.m.
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Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, I certainly appreciate the opportunity to speak today in support of Bill S-7, the zero tolerance for barbaric cultural practices act.

In October 2013, our government committed to ensuring that early and forced marriages do not take place on Canadian soil. Bill S-7 delivers on that very promise. The bill proposes to amend the Immigration and Refugee Protection Act, the Civil Marriage Act, and the Criminal Code to enhance the existing protections against harmful and violent practices that are perpetrated primarily against women and girls.

I would like to take this opportunity to elaborate on the bill and to compare our government's measures to some of our peer countries.

As Canada's citizenship and immigration minister explained before the Senate committee on human rights, all violent acts committed against women and girls are unacceptable in a democratic Canada. That is why our government has taken action, and continues to, to address various forms of violence against women and girls.

Bill S-7 supplements Canada's robust responses to violence against women and girls by addressing some areas where gaps have been identified, such as the response to early and forced marriages, and it strengthens the legislative tools in relation to other forms of gender-based violence, such as polygamy, so-called honour killing, and spousal homicide.

The bill addresses certain forms of violence against women and girls that reflect antiquated notions of women as property or as mere vessels of family honour and reputation. These notions are clearly inconsistent with the fundamental Canadian value of equality between men and women.

The zero tolerance for barbaric practices act introduces important legislative measures that would protect potential and actual victims of early and forced marriages.

I would like to turn now to the proposed new Criminal Code offence of active participation in an underage or forced marriage ceremony.

There has been significant debate about how best to address the issue of forced marriage and about whether a criminal law provision would make reporting more difficult. Nonetheless, many international organizations, including the Council of Europe and the United Nations, have been calling on states to specifically criminalize forced marriage. For example, UN Women, the United Nations entity for gender equality and the empowerment of women, recommends that:

Legislation should criminalize forced marriage, and should acknowledge that any child marriage is by definition a forced marriage.

This is exactly what Bill S-7 proposes to do with the new offence of forced and underage marriage. Moreover, at least 11 similarly situated countries have introduced criminal offences in relation to forced marriage over the past decade or so. The following countries have enacted forced marriage offences, with maximum penalties ranging from two to seven years of imprisonment: the United Kingdom, Sweden, Australia, Switzerland, France, the Netherlands, Germany, Denmark, Belgium, Austria, and Norway.

Mr. Speaker, it looks to me like you are about to tell me that my time is up for the moment. I look forward to continuing after question period.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 1:50 p.m.
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Conservative

Bal Gosal Conservative Bramalea—Gore—Malton, ON

Mr. Speaker, we all know that violence against women is very bad, and that is why we brought in Bill S-7.

Any measures we have brought in to support victims, the opposition parties, especially the NDP, have voted against.

Bill S-7 is very important, especially in immigrant communities, because of so-called honour killings and polygamous marriages. We need to send a strong message that this government is standing up for victims. We are helping victims get their rights. Human rights are a fundamental Canadian value. Freedom is a fundamental Canadian value.

Opposition members always oppose any measures we put forward. I urge the member to read this bill and support it so we can protect vulnerable women and girls.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 1:40 p.m.
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Bramalea—Gore—Malton Ontario

Conservative

Bal Gosal ConservativeMinister of State (Sport)

Mr. Speaker, I will be splitting my time with the member for beautiful Wild Rose. I appreciate the opportunity to participate in this important debate.

In Canada, we are proud of women in leadership and their roles. We can see that in this House. Especially, we are always exploring ways in which barriers preventing anyone from living to their full potential can be removed. I am very proud that last night I was at a FIFA World Cup game in Montreal. This tournament is happening coast to coast and is a great showcase for Canadians in women's leadership roles. This is one example of women acting as great role models and being a great inspiration to all Canadians.

Unfortunately, there are many young women and girls who are not given the same opportunities. In the most recent Speech from the Throne, our Conservative government committed to ensuring that women and girls would no longer be brutalized by violence, including through the inhumane practices of early and forced marriages on Canadian soil.

I am pleased that our government is focused on strengthening the protection of all women in Canada and Canada's immigration system and on forcefully and resolutely supporting the rights of all Canadian women. In order to do so, the government must ensure that Canada's immigration policies and practices are especially focused on strengthening the protection of immigrant women as well. Indeed, it is deeply troubling that harmful cultural practices such as polygamy and forced and underage marriages still exist as a reality for some Canadian women. That is why I am happy to note the government's proactive approach today toward decreasing the vulnerability of immigrant and newcomer women.

For example, the regulations put in place in recent years have made it much more difficult for people convicted of crimes that result in bodily harm against members of their family or others, particularly violent offences, to support any family class members to come to Canada.

Other measures have been introduced to deter foreign nationals from entering into marriages of convenience to gain permanent resident status in Canada. These measures include a two-year conditional permanent resident status for certain sponsored spouses.

However, to protect sponsored spouses who are in an abusive relationship, our government put in an exception to these measures in instances where there is evidence of any abuse of a physical, sexual, psychological, or financial nature. This exception would also include those who are victims of forced marriage. Better guidelines and training have been introduced to assist front-line officers in processing requests for exceptions based on abuse or neglect and in handling sensitive information related to abusive situations.

As members can recall, the member for Mississauga South introduced a motion last fall to bar the accommodation of proxy, telephone, Internet, and fax marriages for immigration purposes because they may facilitate non-consensual marriages. Our government supported this motion.

While it should be noted that the practice of forced marriage can victimize men and boys, girls and women are more affected by this tradition. Women and girls who are forced to marry someone against their wishes are almost always also beset by a list of other restrictions of their human rights. These are restrictions that deny them education and the opportunity to find employment and place limits on their mobility. These are all against our Canadian values of freedom for all.

Why are immigrant women particularly vulnerable to harm caused by these practices? For one thing, they might not have knowledge of French and English, which can be a barrier to accessing social services and information on their legal rights in an abusive relationship. Some women may also lack the economic independence to leave abusive situations, especially if they are under age.

Under Canada's settlement programs for newcomers, the government also provides funding to a variety of organizations that offer programs and services that respond to specific needs of permanent residents, including immigrant women and their families who find themselves in vulnerable situations.

Also, Canada's citizenship study guide, Discover Canada, and the Welcome to Canada orientation guide are both being updated to reflect the fact that Canada's openness and generosity do not extend to harmful practices such as forced marriage or other forms of gender-based family violence.

Canada's Minister of Citizenship and Immigration devoted a considerable amount of time meeting with representatives of organizations that provide services to immigrant women, and with victims of abuse, at a number of round table discussions across the country. These important discussions focused on domestic violence, polygamy, forced marriages, the immigration process, and how to strengthen the protection of vulnerable women and girls. The result is Bill S-7, the zero tolerance for barbaric cultural practices act.

Canada is a very generous and tolerant country, and we want to keep it that way. I am sure we can agree that Canada's openness and generosity do not extend to underage, forced, or polygamous marriage or to other harmful cultural practices that deny gender equality.

In this country, we do not and should not accept spousal abuse, so-called honour killings, or other gender-based violence. That is why measures in the bill would also amend the Criminal Code to address so-called honour killings and gender-based violence perpetrated against family members, usually women and girls, who are perceived to have brought shame or dishonour to the family.

Under our Criminal Code, someone charged with murder can raise the defence of provocation to obtain a reduction to a lesser charge of manslaughter. Measures in Bill S-7 would amend the Criminal Code so that legal conduct by a victim could not be legally considered a provocation. This would preclude accused murderers, including those involved in honour killings, from trying to reduce the charge they faced by using the argument that a victim's legal conduct provoked them into a heat of passion and that they killed while in that state.

In summary, the measures in Bill S-7 would strengthen our laws to protect Canadians and newcomers to Canada from barbaric cultural practices. The measures in Bill S-7 would improve protection and support for vulnerable individuals, especially women and girls, by rendering permanent and temporary residents inadmissible if they practised polygamy in Canada, by strengthening Canadian marriage and criminal laws to combat forced and underage marriages, and by ensuring that the defence of provocation would not apply in so-called honour killings and in many spousal homicides. That is why this bill is so important.

As legislators, it is our duty to uphold the equality of men and women under the law. I would go so far as to say that this is a fundamental Canadian value. Nevertheless, we must recognize that thousands of Canadian women and girls continue to be subject to violence and that barbaric cultural practices still exist as a reality for many Canadian women.

By supporting these measures and ensuring that they pass into law, Parliament would be sending a strong message that we will not tolerate on Canadian soil any practices that deprive anyone of their human rights. I have no doubt that everyone in this House would agree that in our capacity as representatives of the people of Canada, we have an obligation to always support victims of violence and abuse and to do everything we can to prevent such practices from happening in this country.

Our government is taking steps to strengthen our laws to help ensure that no young girl or woman in Canada becomes a victim of early or forced marriage, polygamy, so-called honour-based violence, or any other form of harmful cultural practice I urge all my colleagues in this House to support Bill S-7.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 1:35 p.m.
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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I thank my colleague from Vancouver Kingsway for the speech he just delivered in the House on Bill S-7.

We have talked a lot in the House about protecting the rights of women and children, and that brings me to an extremely important subject that has gotten quite a bit of attention over the past few weeks: the Truth and Reconciliation Commission on residential schools. Unfortunately, too many first nations children have experienced the full range of the negative repercussions of those events on their communities.

When it comes to the rights of women and children, does my colleague think that it is important to come up with meaningful solutions for all women and children across the country? Among other things, what about implementing one of the Truth and Reconciliation Commission's 94 recommendations, the one about launching an investigation into missing and murdered aboriginal women?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 1:05 p.m.
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NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, before I begin, I would like to let you know that I will be sharing my time with the member for Vancouver Kingsway.

I would also like to acknowledge the work done by my colleague from Pierrefonds—Dollard. She is our party's critic for citizenship and immigration. She did excellent work consulting with organizations for abused women and with experts on the ground regarding violence against women and more specifically immigrant women. She was sensitive to these groups' needs. I also want to acknowledge all the work that she has done on this bill both in the House and in committee.

The NDP recognizes that it is absolutely necessary to address the problem of violence against women. I am talking here about all forms of violence. That is why we insist that it is necessary to have a national action plan to combat violence against women. Violence is truly devastating for all women, whether they are newcomers to Canada, aboriginal women, women with disabilities or young women. It is unacceptable for any Canadian woman to be in a vulnerable position just because she is a woman. As any women's organization in Canada can attest, we really need a national action plan to address violence against women and put an end to this problem.

The Canadian Network of Women's Shelters and Transition Houses has worked with many women's groups that advocate for and work with women in all kinds of situations across Canada to come up with an action plan and develop a strategy to end violence against women. I would like to share what Lise Martin, executive director of the Canadian Network of Women's Shelters and Transition Houses, said:

Canada needs a coherent, coordinated, well-resourced National Action Plan on Violence Against Women. The Canadian Network of Women’s Shelters has led a collaborative process with over 20 partners in the violence against women sector which has resulted in a blueprint for Canada’s National Action Plan on Violence Against Women and Girls. The Blueprint provides a roadmap of where we need to go and how to get there. M-444 is an important step in this direction.

Motion No. 444 was moved by my colleague from Churchill. The goal was to create a national action plan. The Conservatives voted against the motion. The Conservative Party is obviously not the party that is doing the most for women. Rather, it is the party that is halting progress in the fight to end violence against women.

It is not just the Canadian Network of Women's Shelters & Transition Houses, with all the work it has done, that is saying that the problem of violence against women needs to be addressed through a pan-Canadian strategy. I would like to quote Deepa Mattoo, who is a staff lawyer with the South Asian Legal Clinic of Ontario and an expert on early and forced marriages. She said the following:

Violence against women happens to women irrespective of their age, religion, background, education and class. It is important that we do not tackle the issues of violence in silos and have a broader inclusive strategy to tackle all forms of violence against women. It is also important that we remember that men and families need to be engaged in our strategies to tackle violence against women moving forward.

She also supported Motion No. 444 by my colleague from Churchill, which the Conservatives voted against, I must point out again.

Violence against women has reached shocking levels in Canada, especially among indigenous and racialized women, women with disabilities and women in the LGBT community. The call for a national action plan is coming from all major feminist organizations in Canada as well as the United Nations, which is calling on all countries to quickly adopt a national action plan.

However, Bill S-7 is a dangerous bill that could not only fail to protect vulnerable women and girls, but also make them even more vulnerable and more at risk of violence or negative consequences. Women who are victims of systemic, overt racism are often at higher risk for experiencing both poverty and violence. As well, racialized and majoritarian women have a hard time finding culturally appropriate anti-violence services, emergency assistance and housing. Immigrant women are often isolated from services to combat violence against women, and they are more exposed to violence than other women.

The NDP opposed Bill S-7 at second reading in the House of Commons and it moved a motion to change the focus of the bill. This motion called on the government and the House to:

(a) strongly condemn the practice [of violence against women and forced marriages]; (b) increase funding to organizations working with potential or actual victims; (c) consult with women, communities, organizations, and experts to form a true picture of the issue and to identify the best ways to address it; (d) allow women with conditional permanent resident status to remain in Canada if their partners are deported due to polygamy or forced marriage; (e) invest in information programs tailored to immigrant women; (f) develop culturally appropriate training programs for service providers dealing with immigrant women such as the police and social workers, as well as officers of the Canada Border Service Agency and the Department of Citizenship and Immigration; (g) restore funding to Status of Women Canada; and (h) implement the NDP's national plan for a strategy to address violence against women.

This motion was moved by my colleague, the hon. member for Pierrefonds—Dollard and it is essentially the NDP's position and strategy for addressing forced marriage and the violence committed against these women.

The studies by the Senate and the Standing Committee on Citizenship and Immigration brought to light several concerns about Bill S-7 in particular. The NDP tried to amend the bill to change the offensive short title, as my colleague mentioned this morning in her speech. It also wanted to ensure that victims would not be penalized by some of the measures in Bill S-7. Unfortunately all the amendments were rejected by the Conservative majority on the committee.

As I said, the first amendment would have deleted the short title, the zero tolerance for barbaric cultural practices act. The NDP really wanted to change it. Unfortunately, the amendment was rejected. Violence against women is clearly barbaric, but is it cultural? No, violence affects all women, as my colleague explained so well this morning.

Second, we proposed deleting the clause that would allow an immigration officer to refuse entry to Canada to people seeking to live here or visit Canada or to deport people if they are suspected of practising polygamy in the past or present or planning to practise it in the future. In committee, lawyer Chantal Desloges really stressed that there is currently no definition of polygamy. That is clearly a huge flaw in the bill.

Third, we called for the removal of the provision criminalizing an individual who attended a forced marriage. It is not hard to understand why. The purpose is to protect victims. This measure would increase social pressure and stigmatization, discouraging witnesses and victims from reporting forced marriages out of fear that their friends and family would end up with a criminal record.

Many experts working on the ground believe that Bill S-7, like other poorly thought-out bills from this government, risks making the victims we say we want to protect even more vulnerable. I do not understand why the government does not heed these warnings and why it is going ahead with a bill that, clearly, instead of helping women, is making their situation even worse. As my colleague mentioned this morning, we approved of parts of the bill. We absolute agree that there is a problem of forced marriages and women who are victims of sexual violence.

It is a problem we have to address, but unfortunately this wrong-headed bill is only going to expose these women to further violence.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 1:05 p.m.
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Conservative

Wai Young Conservative Vancouver South, BC

Mr. Speaker, I want the member to know that I am an immigrant myself. I have worked with immigrant settlement agencies across Canada. I have worked with immigrant women and children across Canada for over 30 years.

I want the member to know that it is our government that has stood up for women and children and taken action on this. We have doubled funding for women's programs across Canada. We brought forward Bill S-2. We are bringing forward Bill S-7.

I would like to ask the member why his party, instead of using rhetoric, is not standing and voting for Bill S-7, because this is what would protect women and children in Canada.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 1 p.m.
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NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, we have Parliament. We have committees. Bill S-7 comes from the Senate. Why all this work?

The NDP requested a couple of changes, amendments, and the Conservatives said, “No, no, no. It's our bill and it's not touchable.”

Why are they not open to some changes and amendments to really have the support of the whole House on the bill?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 12:50 p.m.
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Conservative

Wai Young Conservative Vancouver South, BC

Mr. Speaker, I am very pleased to rise today in support of Bill S-7, the zero tolerance for barbaric cultural practices act. I would like to take this opportunity to respond to some of the arguments that have been raised in opposition to Bill S-7.

Members of the opposition have claimed that Bill S-7 is unnecessary because the criminal law already covers early and forced marriages, and is sufficient to respond to these heinous forms of violence. They also claim that these proposed amendments will have unintended consequences on victims because the proposals will criminalize early and forced marriage.

We have heard many members in the House condemn these forms of gender-based violence as serious violations of the human rights of women and girl. We have heard about the serious harms inflicted upon women and girls forced to marry against their will. Our government will not sit back when we know that women and girls in Canada are being forced into marriage or being taken abroad, sometimes under false pretenses of attending someone else's wedding, only to find that they are the ones getting married despite their lack of consent.

These are completely unacceptable practices. They are an affront to the values of our country, to the freedom of choice, to the right to be protected from violence and to the principle of gender equality. It is our government that is standing up for the victims of these horrific forms of violence by ensuring that these victims and law enforcement have all of the tools they need to prevent these marriages from happening in the first place.

Yes, there are already criminal offences to address aspects of early and forced marriage, but there are also some significant gaps in the law. This bill is about filling those gaps to ensure that our strong justice system is enabled with responses that are even more robust. In addition, the bill provides a range of responses to these forms of violence that are specifically designed to prevent them from even occurring.

I will now take some time to address some gaps in our current laws.

First, there is currently no criminal offence that addresses child or early marriage where force or threat of force was not used prior to this marriage. Some claim that the current criminal provisions relating to the age of consent for sexual activity is enough to address early marriage. That is simply inaccurate.

The current Criminal Code provision that sets out the minimum age for sexual activity, section 150.1, is 16 years of age, with exceptions for those who are close in age and have explicit exemptions for married persons. In other words, right now a person under the age of 16 who is married to someone considerably older is not covered by this protective provision.

Permit me to also explain why this exemption for marriage currently exists. It exists because there is no national minimum age for marriage below which marriages are automatically illegal. Apart from the federal minimum age of 16 for marriages in Quebec, there is currently no federal legislation setting out the minimum age for marriage in the rest of Canada.

As many of my colleagues have pointed out, this leaves the old federal common law to fill the void, which is unclear, but appears to set the minimum age at 14 for boys and 12 for girls. It is therefore possible that a child under the age of 16 can currently be married in Canada, except in Quebec. It is also possible, on the basis of private international law rules, that a Canadian child under the age of 16 can be taken out of the country and married in a country where such child marriages are legally solemnized, and upon that child's return to Canada, the marriage is currently recognized as legally valid, except in Quebec. This is because there is no federal legislation that renders a child legally incapable of consenting to the marriage. This bill would address that gap.

By introducing a national minimum age of 16, below which no child can legally consent to marriage, the bill would not only prohibit those underage marriages from taking place in Canada, but it would also have the effect of rendering underage marriages of Canadian children abroad invalid because a child lacked the legal capacity to marry.

When Ms. Kathryn Marshall, a lawyer and equity activist, spoke at committee, she clarified:

We can't simply rely on the common law. The common law is something that's very much open to interpretation; that's the nature of it. It should be codified. It's extremely important to do so.

She explained that codifying the national minimum age of marriage is an important step in ensuring that no young woman or girl is forced into marriage.

The current gaps in the law related to early marriage are significant and warrant remedial legislative reform. Right now, the actual underage or forced marriage ceremony itself does not currently constitute a criminal offence and the provision in question does not refer to underage or forced marriage. Under the existing provisions, the authorities would need to be able to prove that a sexual or violent offence was intended to be committed abroad.

As a result, we need to have anchoring offences in the Criminal Code that are founded on the harms associated with underage and forced marriages themselves, as distinct from the harm of physical or sexual violence. That is why the bill would amend the Criminal Code to make it clear that anyone who actively participates in a marriage ceremony with full knowledge that one or both of the participants is under the age of 16 or is marrying against their will may be criminally liable.

These two new offences would act as the touchstone for amendments to the provision related to the removal of a child from Canada so that the authorities would have the tools to stop someone from taking a child out of the country for an underage or enforced marriage.

These two new offences would also act as the basis for the creation of a new peace bond designed to prevent underage and forced marriages from taking place without having to lay a criminal charge.

This speaks to the second gap in the current laws to address forced marriage, what I would refer to as the prevention gap.

This government is aware that many victims of forced marriage are reluctant to see their family members criminally prosecuted. This is something we see in all forms of family violence, be it intimate partner violence, child abuse, or elder abuse. Victims need more tools to prevent these forms of violence from happening in the first place. That is exactly what the bill would do.

These two new anchoring offences of underage and forced marriage were specifically designed so that victims could use the peace bonds to prevent these marriages from happening and so that the authorities could stop someone from removing a child from the country to commit these crimes. These are necessary tools to fill the gaps in the current law.

The bill would make it clear to perpetrators that we will not tolerate abuse, such as so-called honour killings, early or forced marriages, or any other type of gender-based violence. We are taking steps to strengthen our laws to help ensure that no young girl or woman in Canada becomes a victim to early or forced marriage.

Instead of voting for this important legislation and actually taking action to protect young women and girls, the opposition continues to play politics. It is time for the games to end and for us all in this House to stand up for women and children.

I urge that all my colleagues join with me in supporting this important bill at third reading.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 12:50 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I thank my colleague for her very important input into Bill C-36. I quite enjoy the heart she shows for victims. However, I totally reject the premise of her comment that Bill S-7 would criminalize victims. It would protect women.

That young girl, after talking to her sister who she was close to, jumped off a bridge as a result of a forced marriage. Her sister told me that there had to be a bill put in place that would protect her against having to succumb to a forced marriage.

This bill would protect women. Therefore, I strongly disagree with the premise of the question that the hon. member across the way put forward a minute ago. The bill would protect the victims from terrible abuse, intimidation and a lifetime of horrendous brutal experiences.

Bill S-7 would open the door for these women, and it is high time we did this in our country.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 12:50 p.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I very much appreciated my colleague’s speech. I know that women’s rights are very important to her. We worked together on Bill C-36 concerning prostitution. There was a provision in that bill that unfortunately criminalized the victims, the women. The government proposed an amendment precisely because criminalizing victims as an objective will never put an end to any criminal activity. In fact, she supported that amendment.

However, what struck me is that Bill S-7 does exactly the same thing. It criminalizes these women, who are themselves victims of an unacceptable practice. I would like to know why the government was not prepared to reverse the trend, in this bill, and remove the provisions that criminalize the victims.

We know it, and my colleague knows it: criminalizing victims does not prevent offences from being committed.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 12:35 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I will be splitting my time with the member for Vancouver South.

I am pleased to have the opportunity to speak to Bill S-7, the zero tolerance for barbaric cultural practices act. It is very important to take a strong stance to ensure that no woman or girl in Canada becomes a victim of any violent practice that violates basic human rights. These practices are not acceptable in Canadian society, and Bill S-7 would send this clear message to all Canadians and also to those people coming into Canada.

We had the benefit of hearing from a number of experts in the field during the citizenship and immigration committee hearings. Some criticized the bill; others were in full support. All, however, agree that combatting violence against women and girls is an important and laudable goal.

I would like to quote one of the witnesses before the committee, Ms. Salma Siddiqui from the Coalition of Progressive Canadian Muslim Organizations. She said, “The Government of Canada's decision to table a bill for zero tolerance of barbaric cultural practices is the right move and should be welcomed”.

Within Canada, there is no room for a culture of violence against women and girls. I believe that where there are gaps in legislation that have allowed perpetrators to abuse those very people who count on them for protection or that have prevented victims from getting help, it is our responsibility as a government to ensure that these gaps are closed. Among other things, this bill proposes to fill gaps that have been identified with regard to early and forced marriage. There are deplorable practices that principally victimize young women and are often carried out by their own parents or other family members.

I would paraphrase from another witness before committee, Ms. Lee Marsh, a victim herself of forced marriage. She testified that if she had known that what her mother was doing was against the law, she might have felt better equipped to refuse the marriage. Ms. Marsh also told the committee that this bill in isolation is not enough to combat these practices. In my own riding of Kildonan—St. Paul, a young girl who was in a forced marriage had nowhere to turn. She jumped off the Chief Peguis bridge because she was so desperate to get out of that marriage and away from that abuse. This bill would help victims who feel that way to know that they have a way out of an abusive situation.

This bill would provide solid ground to give tools to law enforcement and front-line service providers to bring perpetrators to justice and to protect victims.

In addition to the legislation, people need to be aware of Canadian laws and values. We are not ignoring the importance of raising awareness or training and resources, nor are we overlooking the importance of working together with our provincial and territorial counterparts and community partners in the field. Our government has been working diligently for years with many different stakeholders on these very issues.

Just to give a few examples, Justice Canada and Status of Women Canada have provided funding to a number of non-governmental organizations, NGOs, to conduct awareness raising and training on honour-based violence and forced marriages. Justice Canada contributed funding for the development of a high school curriculum that would teach students about human rights, including about early and forced marriages. I know of instances where young girls were taken out of school and did not graduate because the parents found someone that they wanted their daughter to marry.

Over the years, Justice Canada has organized workshops with front-line workers across the country, including child protection workers, shelter workers, community-based workers, police officers and crown prosecutors to share expertise, create networks and discuss risk assessments and appropriate services for victims of these horrendous acts.

Justice Canada and Status of Women Canada co-chair an interdepartmental working group on early and forced marriage, honour-based violence and female genital mutilation. This working group is creating a federal-provincial-territorial working group on these same issues.

Justice Canada has published public legal education and information materials on family violence that include information on early and forced marriage, honour-based violence and female genital mutilation.

Justice Canada and the RCMP have also created training materials for police officers on these issues as part of their domestic violence training. This training would be upgraded to reflect the changes in Bill S-7.

As I have demonstrated, there are many layers to the Government of Canada's approach to tackling these issues. The bill is but one aspect of the ongoing and collaborative efforts being taken by the government to address these disturbing issues. It is an integral and necessary part of the government's multifaceted approach to tackling these types of issues, which include prevention, denunciation, awareness training, consultation and collaboration.

At the Citizenship and Immigration committee, members had the opportunity to hear from victims of forced marriage and other so-called honour-based violence. Ms. Arooj Shahida, a victim herself and now an advocate had this to say:

—I am hopeful this bill is the beginning of a direction towards significant change in not only how we deal with those who believe they can trample the rights of others, but in how we can successfully reach out and provide hope to those who have none.

Canada has always been a leader in protecting basic human rights and freedoms. I applaud our representatives for again taking the lead on these issues. I hope the hon. members will look to making this legislation an effective, practical law that will support the women and youth who live in this reality every day of their lives.

It is clear that our government is taking the right steps to protect young women and girls, and all victims of so-called honour-based violence. I am proud that the government is sending a strong message to Canadian society and to the world that Canada will not tolerate violence against women.

Today in the House I heard many different members put their points of view across, which is fine. However, outside of these hallowed walls are real people. When one is on the ground and talking to young girls who have been forced into a marriage, generally marrying someone much older, it affects their whole family. Usually, the motivation behind the forced marriage is financial, or a friend of a friend. I have had many cases where an older man has convinced a father that he wants to marry his friend's daughter. After having said that, if they move or whatever, often the young girl is abused and forced to be a so-called wife without the diligent respect and equality that is so prevalent in many Canadian families. Why should we ever tolerate anything that has something to do with violence against women?

I encourage all members to give Bill S-7 their full support. Our country is a beautiful country with much diversity and it is a basic human right of every woman and girl to live without fear or violence, to be educated, to grow, prosper and be respected. That is called the dignity of life. That is what the true north strong and free stands for.

People will listen to these speeches in Parliament, especially going into an election. They will listen to what their representatives say about violence against women.

I highly recommend Bill S-7. It is a real tipping point in Canada to talk about this and actually take action to stop violence against these women.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 12:20 p.m.
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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I am very pleased to speak today to Bill S-7. Indeed, there are a number of problems with this bill. We can start with the easiest and most obvious point: the title. We rarely want to spend time talking about the title of a bill, but it must be said that a number of witnesses, stakeholders and elected members talked about this at committee. Criticism was voiced about the fact that the title refers to barbaric cultural practices. The reason for raising this point is that since it was elected, this government has used short titles, which simplify what are sometimes overly long titles, as political tools to pander to a particular base, and sometimes even to sow division. An example is the omnibus crime bill entitled safe streets and communities act. By using titles like these, the government is able to pursue its demagoguery, the aim being to portray the opposition as opposed to putting a halt to these practices, or opposed to safe and protected communities. I think this is a problem in the bill, but it is also a way of dividing people and playing them off against one another. This bill talks about barbaric cultural practices; it associates cultural practices with barbaric acts. That is problematic.

With this in mind, it is important to point out, as several of my colleagues have done, including the member for Pierrefonds—Dollard, our critic in this area who made an excellent speech earlier today, that no one in the House, including the NDP, is in favour of violence against women. On the contrary, we denounce these horrifying acts. We ourselves are making proposals to put an end to these acts. For example, we have proposed that there be an inquiry into missing and murdered aboriginal women. My colleague from Churchill moved a motion to adopt a strategy to end violence against women, one of many other measures we have proposed. All of this demonstrates that everyone in the House agrees that these horrible acts should be stopped. The problem is the approach taken, the tool used to achieve that objective. The title of the bill is a very bad start, because it is divisive. The consultation process was also problematic.

These are obviously very complex issues. Why? I have listened to several members talk about stories they have heard from people in other countries. The various things we hear about polygamy and forced marriages sometimes sound strange to people in Quebec and Canada. They are things we are less familiar with. As a result, it is difficult for us, as legislators, to enact good legislation on this subject when we have no experience with it. It is therefore important that we listen to the testimony in committee. With that in mind, and given the complexity and the unfamiliarity to some members in the House, we really need to stress the importance of consultation.

From the outset, even before the bill was introduced, there were flaws in the consultation carried out both before and during the drafting of the bill. Of course we are talking about consultations held behind closed doors, only by invitation of the minister. As a result, some people who would have wanted to participate and voice an opinion may not have been invited. That would have meant that all the different voices and views on this issue could have been heard. When a consultation is by invitation of the minister, it may fall into the trap of partisanship, of wanting to pander to a particular clientele and engaging in vote buying, and even of playing politics.

I believe that is not the only problem with the process. Not only did the committee not adopt any amendments, but the minister rejected the idea of the committee making any amendments, right from the start, before we even had a chance to debate this bill. That is a serious problem, because we all agree that we must find ways to end violence against women, especially since we want all cultural communities and people we have accepted into Canada to feel safe and welcome here and know that we will protect their rights.

From that perspective, it is a serious problem to see such closed-mindedness on the part of the minister and the Conservative government, because we simply want to try to find constructive solutions.

We should agree to work on all the issues on which we can all agree. There are always certain issues, however, that stand out in the crowd. Those would be, for example, matters of security such as Bill C-51, and the issue of the Truth and Reconciliation Commission.

One would think that we could reach unanimous agreement on these issues, just once. We want to see certain concerns rise above partisanship, and I think those include the issue of violence against women. The fact that the minister had such a closed mind even before we had a chance to debate this issue is very disturbing. It should also worry the Canadians we are trying to protect.

The government is always saying it wants to protect victims. However, it does not want to listen to them. That is a problem and we wonder how good the protective measures can be when it will not listen to the people it is trying to protect.

While we are talking about closed minds, let us also mention time allocation motions, sometimes known as closure. Right now we are trying to debate a bill but are subject to time allocation.

Last week the government set a regrettable record, when it imposed time allocation for the one-hundredth time, reaching 100 motions of closure. This record shows that the government, unfortunately, seeks neither consensus nor productive and constructive ways to serve the community, Canadians, or our constituents who sent us here to Ottawa. The government is only interested in playing politics and this bill is yet another example.

Another point is that this bill originated in the Senate. Even though the minister is the bill's sponsor here in the House, he did not have the courage to introduce it here himself. He made an announcement a very long way from Ottawa, rather than coming into the House and announcing his intention to introduce such a bill. It was done at an event that resembled an election campaign, in the greater Toronto area.

That is another indication that this bill was introduced with partisan and political motives, rather than with a constructive desire to protect the victims of these horrible acts of violence, primarily women and children, of course.

Therefore, we say that the process has a number of shortcomings, which is sufficient reason to oppose the bill, even though we support its intent, as both the hon. member for Pierrefonds—Dollard and I have said.

Let us consider the bill's substance. The government is trying to frighten us by talking about the violence that is committed, including murders and so-called “honour crimes”. We should note, however, that the courts have already determined that cultural practices do not constitute an adequate or sufficient defence under the Criminal Code.

In other words, if someone appears in court charged with murder, he will not have an adequate defence if his only defence is that he committed a crime of honour because of cultural practices. Such a person must face the existing laws, which already protect people from such crimes.

We also want to end polygamy and forced marriage. The government is right to urge action on these matters. The problem is that it is making the wrong moves.

The government stubbornly insists that it simply wants to deport all these people. However, forced marriages take place in secrecy. We are taking a risk that they will become an even deeper secret. If people are afraid to expose such marriages, it is because we are not providing them with the tools to do so, especially since in exposing such situations they might cause their whole family to be deported.

As my colleague from Pierrefonds—Dollard put it so well, polygamy is not just a case of a man imposing his will on several women. The women are victims, and deporting the women is not a solution to polygamy. Clearly, we are going to punish them further and put them in an even more vulnerable situation.

Although we are opposed to violence against women and want to do everything possible to end this scourge, this bill is not the answer. It does not provide the right tools to do so. We therefore must oppose it.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 12:05 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, I will be sharing my time with the member for Chambly—Borduas.

I truly regret that the time for this debate has been limited by the current government. This Parliament has been stifled in its ability to enter into full debate on issues crucial to the well-being of Canadians, people who depend on conscientious, considered legislation from their government. In fact, the government has limited debate 100 times in an effort to push through an agenda that has nothing to do with democracy and everything to do with heavy-handed agendas that quite deliberately ignore the advice of any expert counsel who do not share the government's ideology.

This bill is part of the Conservative government's pattern of introducing politicized measures that can actually cause harm. At the very least, we in the NDP caucus are very concerned about the unintended consequences of Bill S-7, and we are certainly not alone in our opposition to those consequences.

I want to be very clear that we do not support forced or underage marriages. However, we are convinced that this bill does not constitute an appropriate response to the significant problem of gender-based violence by treating it as a cultural problem. In fact, Bill S-7 could very well aggravate existing problems.

We need to be concerned about violence against all people, but most certainly against all women. That said, I want to emphasize some of the testimony heard in the citizenship and immigration committee.

According to the Canadian Women's Foundation, half of all women in Canada have experienced at least one incident of physical or sexual violence by age 16, and 67% of Canadians say they personally know at least one woman who has been sexually or physically assaulted.

A woman in Canada is killed by her intimate partner every six days on average.

On any given day in Canada, more than 3,300 women, along with 3,000 children, are forced to sleep in an emergency shelter to escape domestic violence.

In a 2009 national survey, Canadian women reported 460,000 incidents of sexual assault in one year alone. Only about 10% of all sexual assaults are reported to police.

When it comes to sexual assault, women are frequently not believed. They are blamed for being assaulted or subjected to callous or insensitive treatment when police fail to take evidence, when friends fail to believe them, or when their cases are arbitrarily dropped.

More than one in ten Canadian women say they have been stalked by someone in a way that made them fear for their lives.

In short, violence affects all women in Canada, whether they were born here or elsewhere. Women victims of domestic violence are citizens, immigrants, and refugees. Some have been sponsored to Canada, while others have sponsored their own spouses. Regardless of status or religion, no woman should be subjected to gender-based violence, including the practices of forced or underage marriage.

As I indicated previously, this bill may also have serious and unintended consequences, including criminalization of the victims of polygamy, criminalization and deportation of children, and separation of families.

Instead of presenting a sensationalized bill that does not get to the root of the problem, the minister should commit to widespread and meaningful consultations with community groups and experts so that the real issue of gender-based violence is addressed in a meaningful and effective manner. The Conservatives conducted a sham of a consultation.

The government must also increase investments to organizations that provide such services as safe and affordable housing, counselling, and assistance in navigating the very complicated and often traumatizing family, criminal, and immigration legal systems. Clearly this approach is of very little interest to the government, which has no interest in actively promoting the kinds of programs and policies that would truly support women and their children.

We do not have a national program for safe, affordable housing. We did at one time, but it was de-funded by the Conservatives in 1993 and ended by the Liberals in 1996. This is a national shame that an NDP government will most certainly correct.

It was also made clear by witnesses at the citizenship and immigration committee that affordable, regulated child care would also help women facing violence. Despite decades of promises, Canada is still without a national child care program. Fortunately, the NDP has, with the support of our leader, created a plan for $15-a-day child care accessible to all Canadian families. Our plan would be implemented in partnership with the provinces and would fund 370,000 child care spaces. We are only one election away from safe, regulated, and affordable child care. Every child deserves to be cared for and every family, every woman, needs to know that our children are safe.

None of that vision is apparent is Bill S-7. Stakeholders and expert witnesses testified before the Senate committee on human rights that this legislation makes no provisions to allow women who are conditional permanent residents to remain in Canada if their polygamous partner is deported. This legislation would not allow for the reunification of families in instances where a man immigrates with one of his wives and all of his children, leaving other wives behind, effectively separating mothers from their children, from their own offspring.

UNICEF has also expressed concerns that the bill would impose criminal sanctions against minors who attend, celebrate, or help organize a forced marriage, effectively impacting their future with a criminal record. Because the penalties include criminalization, some women and children will not want to come forward to report forced marriages and risk seeing their parents or spouse end up with a criminal record.

There are other measures in the bill that would not achieve anything. They simply duplicate existing laws. Changing the Civil Marriage Act to make free and enlightened consent a legal requirement for a marriage is already part of the civil code of Quebec and common law in other provinces. Canadian criminal law already provides recourse relevant in most cases involving forced marriage prior to and after the marriage, as well as in the case of travelling with a minor with the intent to force that minor into marriage, including uttering threats, assault causing bodily harm, assault with a weapon, aggravated sexual assault, kidnapping, forcible confinement, abduction of a young person, procuring feigned marriage, removal of a child from Canada with intent to commit acts outside Canada that would be offences if committed here, sexual offences against children and youth, failure to provide the necessities of life, and abandoning a child.

As I said, there have been many critics of this legislation. The Canadian Bar Association was unequivocal. The bar's advice was simple and succinct: scrap the bill.

It is clear that we have to stand back from the government's rhetoric to get some perspective on what actually makes sense. If we are truly concerned with the welfare of those who have come to make Canada their home, then we must. There are positive measures that we should enact.

The conditional permanent residence or CPR introduced by the Conservatives in 2012 made permanent residency for sponsored spouses conditional on living together and maintaining a conjugal relationship for two years in cases where the couple has been together for less than two years and does not have children. At a number of committee hearings, witness after witness stressed how this increases the vulnerability of women in our immigration system. It was noted that the obligation to cohabit with a sponsor in order to avoid deportation exposes women to all kinds of abuse, such as isolation, manipulation, and threats. There are remedies. The wives of that individual who is deported should be allowed to stay and become part of Canadian society

In terms of forced marriages and underage marriages, we need to consult with the stakeholders, front-line workers, and experts about what the best programs and measures are for preventing and responding to gender-based violence and how to best implement them and how to commit to implementing our proposed national action plan addressing violence against women. These are important. Above all, let us have full and honest debate so that the best of ideas and policies can become part of Canadian law.

It is time to end the Conservative three-ring circus of division, fearmongering, and scapegoating. It is time to restore sensibility to this House. It is time to stop hiding in camera. Let us throw open the doors and truly listen to Canadians, to the experts, and make good and careful legislation.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

June 16th, 2015 / 11:40 a.m.
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Richmond Hill Ontario

Conservative

Costas Menegakis ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, thank you once again for permitting me to take part in this important debate on Bill S-7, the zero tolerance for barbaric cultural practices act.

The most recent Speech from the Throne referenced the millions of women and girls worldwide who continue to suffer from abuse and violence, including forced and early marriage, polygamy, and so-called honour-based violence. Since the throne speech, we have repeatedly affirmed the government's commitment to ensuring that barbaric cultural practices do not take place on Canadian soil.

Bill S-7 would amend the Immigration and Refugee Protection Act, the Civil Marriage Act, and the Criminal Code to provide more protection and support for vulnerable individuals, primarily women and children. Its measures would render permanent and temporary residents inadmissible if they practise polygamy in Canada. It would strengthen Canadian marriage laws by establishing a new national minimum age for marriage of 16 and by codifying the existing legal requirements for free and enlightened consent for marriage and for ending an existing marriage prior to entering another one. It would criminalize certain conduct related to underage and forced marriage ceremonies, including the act of removing a child from Canada for the purpose of such marriages. It would help protect potential victims of underage or forced marriages by creating a new specific court-ordered peace bond where there are grounds to fear that someone would commit an offence in this area. It would ensure that the defence of provocation would not apply to so-called honour killings and many spousal homicides.

Together, these measures would help immigrant women and girls exercise their own free will and seek the opportunities and success in Canada they deserve.

It is essential to our democracy and our society that all women and girls be allowed to participate to the fullest extent. To help them do so, our government wants to ensure that immigrant women and girls are protected and are no longer subjected to abuse and violence. The bill sets out a multi-pronged approach to do just that.

Women who seek a better life for themselves and their families in Canada should never be subject to constant fear and the threat of violence or death. They need to feel safe, welcome, and protected.

The fact is that barbaric cultural practices are occurring on Canadian soil, with the potential for severe and sometimes fatal consequences for the victims of these very violent acts.

In the words of Salma Siddiqui, the president of the Coalition of Progressive Canadian Muslim Organizations, during a recent appearance before the Standing Committee on Citizenship and Immigration:

Who in their right mind can support coercion and honour killings? Bill S-7 does contain a number of sensible elements that all Canadians should embrace. The explicit outlawing of forced marriages and bringing precision to the general provincial practice that 16 is a minimum age for marriage is very reasonable. The provisions that will make it illegal to transport a child under 16 abroad for the purpose of marriage will certainly go a long way in preventing the trafficking of helpless young women.

In a November op-ed, in the National Post, this is what Aruna Papp stated:

Over the last 30 years, I have founded agencies in Toronto that assist immigrant women; I have met hundreds of women who are victims of forced marriages and domestic violence. The government's “Zero Tolerance for Barbaric Cultural Practices Act” recognizes the plight of these women. In presenting this bill, the government of Canada has said, in effect, “As a Canadian citizen, you, too, deserve to live a life free of violence and coercion”. For this I am grateful.

That is exactly what the bill would do. It would acknowledge and address the plight of women facing abuse and violence in the very communities in which we live. It would create an environment in which they can feel safe to seek help and protection and where they can thrive, making their own choices for their futures. As Ms. Papp expressed so well, all Canadians deserve to live a life free of violence and coercion.

As well, we know that immigrant and newcomer women and girls face additional barriers in protecting themselves and in seeking assistance compared to women born in Canada. The Government of Canada is committed to helping break down these additional barriers. For example, these newcomers may not be familiar with our laws, or they may not know that certain harmful practices are illegal, inappropriate, or indeed a form of violence. These practices also have a negative and lasting impact on the families and on society in general. We all suffer as long as we allow these practices to continue unchecked.

Our government is working on a number of ways, with concrete steps, to support these women in every way we can. Both the Canada citizenship study guide “Discover Canada” and the “Welcome to Canada” orientation guide were recently updated to reflect the fact that Canada's openness and generosity do not extend to harmful practices such as forced marriage or other forms of gender-based family violence.

Since its introduction, the guide has proven to be popular not only with newcomers to Canada but indeed with many Canadians interested in learning about the rights and responsibilities that come with being a citizen of our great country. One of the points made explicit to all readers of “Discover Canada” is that men and women are equal under Canadian law. The guide states:

Canada’s openness and generosity do not extend to barbaric cultural practices that tolerate spousal abuse, “honour killings,” female genital mutilation, forced marriage or other gender-based violence

Who can argue with that? Certainly no reasonably minded Canadian living in this wonderful multicultural mosaic of tolerance, acceptance, love, and respect for one another would argue with that comment. While the equality of men and women under the law is a fundamental Canadian value, barbaric cultural practices still exist as a reality for many Canadian women and girls.

Another measure we have taken is Status of Women Canada's investment of $2.8 million for community-based projects that address harmful cultural practices, such as so-called honour-based violence and forced marriage. Further, since 2009, Justice Canada has held six sector-specific workshops on forced marriage and so-called honour-based violence with police, crowns, victims services, child protection officials, and shelter workers to assist in their front-line capacity building. As well, Justice Canada and Status of Women Canada co-chair an interdepartmental working group on early and forced marriage, so-called honour-based violence, and female genital mutilation.

Our government also created regulations that make it much harder for people convicted of crimes that result in bodily harm against members of their family, or other particularly violent offences, to sponsor any family class member to come to Canada. Family violence is not tolerated in Canada under any circumstances, and individuals who do not respect Canadian law and commit serious crimes, regardless of the victim, should not benefit from the privilege of sponsorship. The regulatory changes now in force fixed a pre-existing gap and helped in the protection of sponsored individuals from family violence.

Our government has also brought in new measures in recent years to deter foreign nationals from entering into marriages of convenience to gain permanent resident status in Canada. This includes two-year conditional permanent resident status for certain sponsored spouses. However, because of concerns that conditional status could increase the vulnerability of sponsored spouses who are in abusive relationships, who may be reluctant to seek help out of fear that it will negatively impact their status in Canada, the government put in an exception to this measure in instances where there is evidence of any abuse of a physical, sexual, psychological, or financial nature. This exception would include those who are victims of forced marriage. The exception also applies to situations where there is neglect, such as a failure to provide the necessities of life. This protects Canadians from marriages of convenience while ensuring that women are never put in unsafe situations because of regulations laid out in their own immigration system.

We have also put in place training and better resources to help front-line officers in processing requests for exceptions based on abuse or neglect and in handling sensitive information related to abusive situations.

Citizenship and Immigration Canada's settlement program provides funding to a variety of organizations offering programs and services that respond to the specific needs of permanent residents, including immigrant women and their families, who may find themselves in vulnerable situations. These settlement services are flexible and are designed to meet the diverse needs of newcomers, including women, by providing them with a range of practical supports, such as language training and child care, to help them integrate successfully in Canada.

While overseas, newcomers can access programs that help them understand their rights and responsibilities in Canada and that provide detailed labour market information so they can make informed decisions prior to their arrival.

Once in Canada, women also have access to a range of employment-related supports to help them build their skills to enter the workforce and/or to advance their careers. These are resources and supports that are critical in helping them reach their full potential in Canada.

While the government has done much so far, we know that even more needs to be done to protect these women in our immigration system. That is why it is critical that the measures in Bill S-7 are enacted expeditiously.

Over the past year, government officials, including the Minister of Citizenship and Immigration and I, met with victims and advocates across the country to get insight into how to stop violence and abuse from occurring in our communities.

Before Bill S-7 was introduced, the minister spent a considerable amount of time meeting with representatives of organizations that provide services to immigrant women and with victims of abuse at a number of round table discussions across our great nation. These important discussions focused on domestic violence, polygamy, forced marriage, the immigration process, and how we can strengthen the protection of vulnerable women and girls. Through these discussions, the government learned many ways it can help address the problems stemming from barbaric cultural practices.

These discussions led to the introduction of Bill S-7, which we are debating today. If passed, its measures would strengthen our laws to protect Canadians and newcomers to Canada from barbaric cultural practices. The bill sends a clear message to anyone coming to Canada that such practices are unacceptable. Canada will promote the equality of men and women and will afford them equal protection and opportunity.

In the words of Tahir Gora, director general of the Canadian Thinkers' Forum:

Critics criticized the name of the bill, calling it a pretty loaded one.

However, our group believes in calling a spade a spade. Violence against women is an absolutely barbaric act. It must be addressed strongly. Forced marriages, polygamy, and honour killings happen every day around the globe under the guise of cultural practices. Should those cultural practices not be condemned? Calling a spade a spade should not be a political issue in a country like Canada where human rights guarantee equal rights to men and women.

Bill S-7 says, in no uncertain terms, to those in this country and those who wish to come here that we will not tolerate cultural traditions in Canada that deprive individuals of their human rights. Through the bill, we are standing up for immigrant women and girls who have come to Canada for a better life and are reinforcing Canada's values of human rights, democracy, justice, and the rule of law.

In Canada, all individuals, all women and girls, should be able to live a life free from intimidation, abuse, and violence. There is absolutely no circumstance that justifies abuse and violence against women and children.

The bill makes clear to anyone who may doubt how seriously Canada takes this issue that Canadians do not, under any circumstance, accept or allow the propagation, support, or enactment of barbaric cultural practices on Canadian soil.

As legislators, we must stand up for all victims of violence and abuse and take necessary action to prevent these practices from happening on Canadian soil. By ensuring the passage into law of the zero tolerance for barbaric cultural practices act, we will be fulfilling this obligation. I strongly encourage all my hon. colleagues on all sides of the House to join me in enthusiastically supporting Bill S-7.