Mr. Speaker, I am pleased to participate in the debate on the motion tabled by the hon. member for Hochelaga-Maisonneuve, asking the government to take the measures necessary for the legal recognition of same sex spouses.
I listened carefully to the comments of many members who oppose the motion. I think we have to put things in their proper context. The fact is that there are same sex couples engaged in a relation which is in every way similar to that of heterosexual couples.
That is the reality. And it is a reality which we must respect, primarily because these are human beings engaged in an emotional relationship. These people also happen to be citizens who have a right to enjoy the same benefits as any other Canadian, and that includes the provisions of the Charter of Rights and Freedoms, which I will discuss later on.
It is essential to keep the notion of respect in mind, otherwise we quickly fall into stereotyping, an attitude which, for centuries, has had the effect of marginalizing and stigmatizing same sex couples. The time has come to put an end to that in Canada.
In our country, same sex relations were decriminalized in 1968. Consequently, the issue that we are discussing today does not fall under the Criminal Code. It is absolutely unfair, demagogic and unacceptable to assimilate the lives of people engaged in same sex relationships to those of people engaged in sexual deviations prohibited in the Criminal Code.
In 1968, under Prime Minister Trudeau and justice minister Turner, homosexual relations stopped being considered a crime in Canada. We are talking about relations which are accepted in our society, which are not criminal in any way, and which are experienced by Canadian citizens.
These Canadians are also entitled to the benefits of the 1982 Canadian Charter of Rights and Freedom. As you know, the charter prohibits discrimination, specifically discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. I think that sexual orientation falls into the same category as the grounds listed in section 15 of the charter.
In today's society, same sex spouses can use section 15 of the charter of rights and freedoms to put a stop to any discrimination against them. I believe that the latest decision made by the Supreme Court in this area, the Egan decision, recognized that fact. It indicated that discrimination based on sexual orientation is similar to all the other types of discrimination mentioned in section 15 of the charter.
Now, could any breach of the charter be justified? I do not think so. As you know, pursuant to some provisions in the charter, under some circumstances, some types of discrimination can be accepted, but I do not think it would apply to homosexuals, because we do not see how it could be justified.
Why could discrimination based on religion, race, colour or age be prohibited, but discrimination based on sexual orientation allowed, when homosexuality has not been illegal in Canada since 1968? Of course, there is some opposition to this motion, as we heard from some of the previous speakers, but I think some members are mixing everything up and are raising issues which have nothing to do with the motion put forward by my colleague, the hon. member for Hochelaga-Maisonneuve.
They talk about family and marriage. In the motion before the House, we are not trying to redefine family or marriage. We are only trying to put a stop to the discrimination against same sex spouses in Canada. My colleague is not asking Parliament to recognize that two individuals of the same sex who live as a couple constitute a family. He is not asking Parliament to decide if they are married or not. This issue may be debated at another time, but the object of today's motion is only to recognize that two homosexuals having a stable relationship can enjoy the same benefits the Canadian government and Canadian legislation give to legally married spouses or common law partners.
While listening to the previous speakers, I realized that the arguments they used must be the same arguments that came up during the debates over the Divorce Act or other bills granting benefits to common law spouses. They would have said that we are attacking the family and the whole concept of marriage, but that is not the case.
Obviously, the legislation concerning divorce in Canada and giving some benefits to common law spouses have in no way undermined the concept of family in Canada. I see that my time is up. I hope I will be able to complete my speech during the third hour of debate on this motion.