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

This bill is from the 42nd Parliament, 1st Session, which ended in September 2019.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends 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 by repealing its short title.

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 13, 2018 Passed Concurrence at report stage of 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
April 18, 2018 Passed 2nd reading of 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

Immigration and Refugee Protection ActPrivate Members' Business

June 18th, 2018 / 11:05 a.m.

Liberal

John Aldag Liberal Cloverdale—Langley City, BC

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 third time and passed.

Mr. Speaker, it is my pleasure to rise today to speak to 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. The legislation seeks to modernize Canada's statutes and remove the short title “Zero Tolerance for Barbaric Cultural Practices Act” from the legislation.

Bill S-210 was introduced by Senator Mobina Jaffer in the Senate and has reached third reading here in the House of Commons. I am proud that the legislation passed unanimously, without amendment, at the Standing Committee on Justice and Human Rights. Language matters, and the fact that the bill has reached its final stage of the legislative process is a proud reflection of that.

The language we use in the laws we pass matters. It reflects the intentions and desired outcomes of our statutes, as well as the type of society we want to build. When phraseology like “barbaric cultural practices” is used in law-making, it becomes apparent that the intention is to divide and fearmonger. Let me be clear. The politics of fear and division have no place in Canada, and no place in Canada's statutes. That is why Bill S-210 is before us today.

Bill S-210 amends Bill S-7 from the previous Parliament by removing its short title. It does not in any way affect the measures put in place by the bill. While Bill S-7 was aimed at strengthening protections for women and girls, the reference to “barbaric cultural practices” in the title creates divisions, promotes harmful stereotypes, and fuels intolerance by targeting specific communities. It is being perceived as offensive by certain communities and stakeholder groups that serve immigrants, as it targets a cultural group as whole, rather than the individuals who commit specific acts.

As Senator Jaffer put it at the justice committee:

I have objected to pairing the words “barbaric” and “cultural”. That's not a Canadian value. When we put the two ideas together, we take responsibility for horrific actions away from the person who committed them. It's not a community that commits those acts; it's a person. Instead, we associate the crime with a culture and a community, and we imply that such horrible practices are part of a culture or a community.

Hate crimes against certain minority populations are on the rise in Canada. When we falsely equate barbaric practices with cultures, we open the door to racist and intolerant attitudes that often drown out constructive dialogue on promoting diversity and inclusion. By recognizing the impacts that our words have on the tone and tenor of public discourse, policy-making, and law-making, we can be more deliberate and thoughtful in the words we choose. We abandon the dog whistle politics of barbaric cultural practices and commit ourselves to advancing values beyond mere tolerance, acceptance, and inclusion.

The Prime Minister captured the importance of these values and those of diversity in his address to New York University. He said:

Whether it's race, gender, language, sexual orientation, or religious or ethnic origin, or our beliefs and values themselves, diversity doesn't have to be a weakness. It can be our greatest strength.

Now often people talk about striving for tolerance. Now don't get me wrong. There are places in this world where a little more tolerance would go a long way. But if we're being honest, right here, right now, I think we can aim a little higher than mere tolerance. Think about it. Saying, “I tolerate you” actually means something like, “okay, I grudgingly admit that you have a right to exist, just don't get in my face about it....

There is not a religion in the world that asks you to “tolerate thy neighbour”. So let's try for something a little more like acceptance, respect, friendship, and yes, even love.

And why does this matter? Because in our aspiration to relevance, in our love for our families, in our desire to contribute to make this world a better place, despite our differences, we are all the same.

Words are important, and so are the values we put forward. Equally important, if not more so, are the actions we take in defence of those values. That is why our government has taken meaningful action to further embrace multiculturalism and promote diversity.

We have a Prime Minister who proudly represents Canada on the world stage as an open and welcoming nation. Indeed, Canada is a nation built in no small part through the contributions of immigrants.

Our government understands this. That is why we promote safe and accessible immigration. We have prioritized family reunification by bringing families together more quickly. We doubled the number of parent and grandparent sponsorship applications accepted per year, from 5,000 to 10,000. We know that when families are reunited and offered the opportunity to succeed, all of Canada succeeds.

Our government is committed to an immigration system that strengthens Canada's middle class, helps grow our economy, supports diversity, brings families together, and helps build vibrant, dynamic, and inclusive communities.

The story of Canadian immigration is inseparable from the story of Canada itself, as we are committed to aiding and accepting people from all cultural backgrounds. Success stories abound when newcomers are offered the opportunity to succeed.

Let us take Peace by Chocolate as an example. The company, based in Antigonish, Nova Scotia, was founded by the Hadhad family. The Hadhads ran a successful chocolate factory in Syria, but they were forced to flee the civil war violence. After three years in a Lebanese refugee camp, they were offered the chance to immigrate to Canada. They started Peace by Chocolate, working to rebuild the business they had lost in war-torn Syria. Their story of success is a proud example of the opportunity that Canada offers to those who immigrate here, regardless of nationality.

The policies we are putting in place will allow more immigrants to find a home in Canada, contributing to our growing economy. These newcomers will drive innovation and help employers meet labour market needs. Supporting companies that bring high-skilled workers improves business opportunities for all Canadians. These are just a few examples of measures that our government has taken to further promote multiculturalism and ensure that our immigration system is efficient and accessible.

Our actions to promote diversity do not stop there. The Minister of Canadian Heritage recently unveiled the new federal action plan for official languages. This plan will invest nearly $500 million over five years and focus on strengthening our communities, strengthening access to service, and promoting a bilingual Canada.

Through targets that aim to restore and maintain the proportion of francophones living in linguistic minority communities at 4% of the general population by 2036, provinces such as British Columbia will receive the support they need to continue promoting our linguistic diversity and bilingualism.

In support of multiculturalism, we are investing $23 million over two years through budget 2018 in the federal multiculturalism program. Budget 2018 states:

This funding would support cross-country consultations on a new national anti-racism approach, would bring together experts, community organizations, citizens and interfaith leaders to find new ways to collaborate and combat discrimination, and would dedicate increased funds to address racism and discrimination targeted against Indigenous Peoples and women and girls.

In our pursuit of a more caring and inclusive country, we must also commit to doing better in the journey of reconciliation. As a multicultural country, Canada grapples not only with the intersections of a broad range of newcomer cultures, but with multiple generations of Canadians and indigenous peoples. Reconciliation must be part of the conversation as we discuss diversity and inclusion in a 21st century Canada. Recognizing and making reparations for the historical abuse and mistreatment of indigenous peoples is a fundamental part of building a more inclusive society and promoting the diversity of Canada.

As members in this place, we have the privilege of introducing bills or motions that will affect and hopefully benefit our constituents, and all Canadians. I have had the privilege of sponsoring two private member's bills: Bill S-210, which is before us here today, and Bill C-374, which is now before the Senate.

If passed by the Senate, Bill C-374 would seek to advance reconciliation by adding much-needed indigenous representation to the Historic Sites and Monuments Board of Canada, implementing call to action 79(i) of the Truth and Reconciliation Commission's calls to action. The legislation would provide first nations, Métis, and Inuit representation on the Historic Sites and Monuments Board of Canada. Without indigenous representation, the board conducts its affairs without a fulsome understanding of Canadian heritage and history. The inclusion of indigenous perspectives on the Historic Sites and Monuments Board of Canada would allow us to more fully commemorate Canada's historical peoples, places, and events, and offer a more authentic perspective on our heritage.

Canada is a pluralistic society, and our approach to fostering a more inclusive society is multi-faceted. It requires diligence and thoughtfulness on the part of legislators. By advancing legislation such as Bill S-210, we commit to recognizing the implications of the words we use, with the understanding that action is equally important. Abandoning terms such as “barbaric cultural practices” is an important step in modernizing our statutes and reflecting back on the type of society we want to build as Canadians.

I would like to thank my colleagues for their participation in this debate today. I am hopeful that members will join me today in supporting Bill S-210.

Immigration and Refugee Protection ActPrivate Members' Business

June 18th, 2018 / 11:10 a.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I was a member of the opposition when we had this debate about the short title and just how important it is. My colleague and friend made reference to Canada's diversity. It is often referred to by our Prime Minister as one of Canada's greatest strengths, as is the importance of multiculturalism to us as a society. I wonder if my friend could provide his personal thoughts with respect to Canada being a multicultural country and how we have benefited from that both economically and socially. Ultimately, I would suggest that we are envied by countries around the world because of our great diversity. I wonder if my colleague might want to add some thoughts to that, and why he felt so compelled with respect to this legislation.

Immigration and Refugee Protection ActPrivate Members' Business

June 18th, 2018 / 11:10 a.m.

Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Madam Speaker, last weekend, when I was in my riding, Cloverdale—Langley City, I had the honour, in one single day, of having a taste of the diversity represented in our community. I was able to go to a South Asian wedding at one of the gurdwaras in my riding, and from there I went to Ramadan prayers with the Muslim community. That afternoon, I joined the Buddhist community for a graduation ceremony and handed out certificates at the ceremony. To me that represents, in one single day, the diversity that we have in Canada, and how that is the strength of our community and our country.

As the Prime Minister has said, it is important to celebrate the diversity in our society, because it really is Canada's strength. It helps us with world trade, and it is a way of showing that faiths and communities from around the world can live together in one country, the one we proudly call Canada. That is why Bill S-210 is so important. We need to show that anyone is welcome in Canada and that we can make a proud and strong country.

Immigration and Refugee Protection ActPrivate Members' Business

June 18th, 2018 / 11:15 a.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Madam Speaker, I want to applaud the member for adding indigenous representation to the Historic Sites and Monuments Board of Canada, and I would ask him to talk more about the importance of that to Canada's history. There is only one group of people who have been here for millennia, so I think it is a tremendous initiative.

Immigration and Refugee Protection ActPrivate Members' Business

June 18th, 2018 / 11:15 a.m.

Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Madam Speaker, the member is referring to Bill C-374, which is before the Senate right now. It is a very important bill, again going along with the theme of diversity being our strength. That particular bill references the need to have indigenous representation on the Historic Sites and Monuments Board of Canada. The Senate is currently debating the bill.

Today, we are having a debate on Bill S-210, which is another step we can take to show that Canada actually values diversity. It is an important opportunity for us to weigh in on the discussion about what kind of culture and community we want to build.

As my colleague from the New Democrats pointed out, words are so important, and Bill S-210 really challenges us as legislators to get the wording right to build an inclusive and supportive Canada. That is why I am very proud to be sponsoring Bill S-210 in the House of Commons today.

Immigration and Refugee Protection ActPrivate Members' Business

June 18th, 2018 / 11:15 a.m.

NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Madam Speaker, after a nice quiet weekend in my riding, I want to take this opportunity to thank all the pages and all of the parliamentary precinct security folks who looked after us during our all-night voting on Thursday night.

I also want to say a special thanks to my riding staff, because I miss them, Lauren Semple, Hilary Eastmure, and Michael Snoddon, and all the people at home who have been holding down the fort while we have been here since the end of January.

I am really grateful to everybody who is keeping the community work going, NGOs, local governments, everybody who is working hard to support the work we are doing here in Parliament.

We really hope that this is our last week, and I cannot wait to be home. Because we are close to the end, I have to say I am a little impatient about giving this speech. Bill S-210 proposes to amend the title of a Harper-era piece of legislation, the Zero Tolerance for Barbaric Cultural Practices Act.

It seems like a long time ago when that piece of legislation was passed. It was passed in what I would call a dark decade of parliamentary rule. The unveiling of that quite racist legislation was one of the low points in the Harper era. It was dog-whistle politics at its worst. It was racist and inflammatory. Ministers stood and said we need to eradicate barbaric cultural practices, when all they needed to say was that we are going to rule against female genital mutilation. We are all for that, but it does not need to be put in the frame of alienating anybody who is not white and born and raised in Canada. Canada is a diverse country. We all practice our culture in different ways. There are acts that should be criminalized, especially acts that are damaging to young girls.

The Conservatives campaigned on that Harper-framed legislation, and I like to think that was part of their downfall, because the citizens of this country said no to it.

I also want to give special thanks to This Hour Has 22 Minutes, which acted like a second official opposition alongside New Democrats in the previous Parliament. I still chuckle about the show's parody on the barbaric cultural practices act. It named things like wearing socks with sandals as a cultural barbaric practice, and kissing the cod in the wrong way. They had fun with it, but it was not funny.

Given all the damage that was done in 10 years of Conservative rule, the Liberal government received a strong mandate from the Canadian public.

However, here we are today with legislation before us which would simply amend the title of the legislation. It would do nothing else. I am going to vote in favour of Bill S-210, because who would not vote in favour of it? Language matters, but actions also matters. There is so much work to do. Here we are, two and a half years into this term, and we still are not getting it done.

Some time this week, we will be tabling a report on what the Liberal government could do to end the atrocious rate of incarceration of indigenous women in Canadian jails and how badly they are treated. The report also talks about the barriers they face in the justice system that results in them being imprisoned at a higher rate.

Another Conservative law repealed the mandatory minium sentencing. It removed judicial discretion. The Liberal Party campaigned in 2015 that it would repeal mandatory minimum sentencing, but it has not done it.

Of all the things that would make a difference in people's lives, I wish that this legislation had more oomph behind it. Of course, language matters, but attendant action is so important. Voting yes to the bill, which I will be doing, will not change anyone's life. There is still a lot of legislative damage that has yet to be undone, and I do not believe that Bill S-210 would have been at the top of anybody's list.

I also have a bit of a bad attitude about this because of my private member's bill on abandoned vessels, Bill C-352. I worked on my bill with local government partners for about eight years before coming to this place. I tabled it in February 2016, and I updated it in April 2017.

Three days after it went on the Order Paper in October of this year, the government introduced its own bill, which I had wanted to see. I had hoped the government would have plagiarized and incorporated my private member's bill into it. However, then it used a couple of almost never used parliamentary manoeuvres to prevent my bill from being heard or voted on at all.

Obviously, it was a great disappointment. It was a piece of legislation, whether one agreed with it or not, that had some substance and some heft. It would have made a difference on the ground. It would have changed legislation that would have prevented oil spills and marine plastics and pollution on our beaches in the form of fibreglass boats. That is a long-standing problem that local governments have been calling the alarm on. However, that was killed, and here we are taking the time to debate legislation that is only going to amend a legislative title.

I urge all my colleagues to hunker down and get the real work done that would actually change lives on the ground. We have tremendous privilege being in this place. We have tremendous power. We have a huge mandate, and we have a lot of work to do. Let us do the hard work that really matters and get on with the work that Canadians sent us to do here in this place.

Immigration and Refugee Protection ActPrivate Members' Business

June 18th, 2018 / 11:20 a.m.

Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Madam Speaker, it has truly been a privilege to bring forward 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.

I would like to first thank my colleagues for their support in this legislation, and contributions in debate. I would also like to take the opportunity to thank Senator Mobina Jaffer for introducing this legislation in the Senate, and for her work in advancing this bill.

As I mentioned in my opening remarks, I have had the unique opportunity to bring forward two pieces of legislation. I took great care in considering what issues I wanted to advance, and I am proud to have supported Bill S-210.

I would also like to take a moment to provide comments to my colleague from the New Democratic Party for the thoughts she just offered. First of all, I would like to thank her for the pledge to support this legislation today. However, I also believe that this bill actually does have the impacts we are seeking in society. She said it does nothing for Canadians, yet I believe that reflecting inclusive language in legislation is the most important thing we as legislators can do.

As was noted, we have a remnant of the Harper Conservatives on the books that was very inflammatory, very divisive, and it used the lowest grade of politics in trying to divide Canadians. This would remove that. I think that is a great use of legislative time. I am proud to have dedicated my efforts in sponsoring Bill S-210 in the House of Commons to further this discussion.

Bill S-210 is a reflection on the importance of the language we use in crafting and drafting our legislation, and the ways in which we wish to shape our society. As our Prime Minister likes to say, “Canada is strong not in spite of our differences, but because of them.”

Through this legislation, we have the opportunity to reject phraseology, and the unnecessary and inappropriate conflation of culture with barbaric practices. Through this legislation, we have the opportunity to reject the politics of fear and division in favour of diversity and inclusion. I am hopeful that all members will join me in supporting Bill S-210 and advancing these important efforts.

Immigration and Refugee Protection ActPrivate Members' Business

June 18th, 2018 / 11:25 a.m.

The Assistant Deputy Speaker Carol Hughes

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

Immigration and Refugee Protection ActPrivate Members' Business

June 18th, 2018 / 11:25 a.m.

Some hon. members

Agreed.

Immigration and Refugee Protection ActPrivate Members' Business

June 18th, 2018 / 11:25 a.m.

The Assistant Deputy Speaker Carol Hughes

(Motion agreed to, bill read the third time and passed)

Suspension of SittingImmigration and Refugee Protection ActPrivate Members' Business

June 18th, 2018 / 11:25 a.m.

The Assistant Deputy Speaker Carol Hughes

The House is now suspended until 12:00 p.m.

(The sitting of the House was suspended at 11:27 a.m.)

(The House resumed at 12 p.m.)

The House resumed from June 13 consideration of the motion in relation to the amendments made by the Senate to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts.