Mr. Speaker, I rise today to speak in opposition to Bill C-254 as chair of the Reform Party's task force on the family. I am pleased to do so.
The purpose of the bill is to amend the Interpretation Act to provide that every act of Parliament shall be construed and applied as not to abrogate, abridge or infringe any of the rights recognized in the convention on the rights of the child.
I would like to devote the majority of my time in reviewing the significance of the convention on the rights of the child to Canada and its families.
In May 1990 the Mulroney government signed the convention that was ratified by the House of Commons in December 1991. It officially came into force in January 1992. The intent of the convention is to provide a set of standards that confirms the respect our society gives to its youngest and most vulnerable members.
The convention is nobly phrased and seems well intended in attempting to address the needs of children from all corners of the globe. But does it or is it even wise to attempt such a task? There are some very real inherent problems with the convention that I wish to address today. First, the convention creates a new international bureaucracy, the committee on the rights of the child.
Under the convention each signatory state is required to submit reports to this committee through the UN Secretary-General every five years and it is: "to provide that Canadians become better informed of the obligations undertaken by Canada, to apprise them of measures taken by the various levels of government and to enlist their support and co-operation in efforts being made to promote the rights of the child".
The committee is made up of 10 experts elected for a four-year term from nationals of the signatory governments. It reviews the reports, makes suggestions and recommendations to the signatory governments and the Secretary-General as to what they think should be done. These reports and suggestions are passed through our internal guardian of family affairs-it has been known as the children's bureau-that then wields its interpretation on Canadian families.
The process of representation is at best flawed. Who represents Canada at international conferences? Or for that matter, how can we know whose agenda is being put forward? How do they know whether grassroots Canadians agree to the principles that they endorse? Who are the elite that interpret the ongoing directives that come back?
The record shows that Canada automatically signs many international conventions and treaties without really allowing for input or even the time to consider the long term implications
of the agreements. Then too, I would guess that our representatives are likely the very special interest groups or experts that determine our often flawed domestic policy direction.
Children in this country face numerous problems. We have heard a few from members already; abuse, poverty and others. The solutions implemented, let us face it, have been an abysmal failure. Now this UN convention seeks to expand those very same solutions on even a grander scale.
Presently a very real conflict is forming between international obligations and domestic policy as supported by Canadians. I would like to address this for a moment.
Section 43 of the Criminal Code provides legal protection for parents and teachers who use reasonable physical discipline of children. The current justice minister has stated that the government is reviewing this section of the Criminal Code "to determine that it meets the international obligations to which we now subscribe". He refers, as have other vocal groups, to Canada's obligation under article 19.1 of the UN convention of the rights of the child.
This is the agenda being pursued by the government, even though an overwhelming majority of Canadians support the use of reasonable physical force by parents in disciplining and correcting their children's behaviour. In March 1994, as reported in the Toronto Star , 70 per cent of those surveyed supported this view.
Canadian parents are being threatened by a movement to repeal section 43. For example, a triple amputee Calgary mother has recently been charged with assault for spanking her 11-year old daughter. Today an American visitor to our country is in court answering charges for disciplining his five-year old.
I support section 43 of the Criminal Code along with a majority of Canadians. I believe that parents and teachers should have legal protection to physically discipline children if they deem it necessary. A distinction has to be made between reasonable physical force in disciplining children and physical violence that constitutes abuse. In no way do I condone abuse against children. But if this section were to be repealed, parents and teachers would be powerless to impose authority by way of physical discipline on children even if circumstances warranted it.
The bill being debated today advocates that every act of Parliament be interpreted within the context of the UN convention on the rights of the child. As with section 43, my main concern is the impact that these externally imposed duties and responsibilities of a foreign UN convention would have on parental responsibilities now and in the future.
Article 3 of the convention would empower: "public or private social welfare institutions, courts of law, administrative authorities or legislative bodies" the responsibility to safeguard "the best interest of the child". No mention is made of parents or families safeguarding the best interests of the child. All of these bodies will be able to interfere in family matters, driving a deepening wedge between parents and children. In this way parental authority is undermined and usurped by government and bureaucrats. Excessive and unjustified government interference already is at the source of many problems and difficulties Canadian families face.
Let me conclude with an anecdote. Last week I had the opportunity to meet with some of my constituents. They came from all walks of life and wanted me to hear them out and carry their concerns to Ottawa. One request relates to our discussion today.
Two parents came to meet me with four of their seven children. The oldest of the seven is nine. While they shared with me their concern about this very issue their four boys waited patiently at the next table. Those boys' politeness and good behaviour were a testimony to the millions of families that do know better than the government or any bureaucrat will ever know how best to care for the best interests of their children.
I believe the duties and responsibilities for the rearing and safeguarding of children rests within the family unit, specifically the parents, the mother and father and extended family members if that is the case. It not the responsibility of an international committee of experts to suggest or recommend what our governments, families and parents should be doing to assist or protect children. Parents can do that independently without the interference of an international organization or committee of experts.
Government authorities should only be recognized when there is absence or real abuse of that parental authority. When will the government recognize it is our families that should be at the heart of every public policy debate? The best interests of our children are met by those healthy families.
Governments must not replace families. Disaster is at the end of that path. Governments must strengthen families so that they can do what they do best: nurture future generations that will build a strong Canada.