Mr. Speaker, I stand today to speak to the motion to amend section 7 of the Canadian Charter of Rights and Freedoms.
Once again I would like to say the hon. member from the Reform side uses exceptional cases to make his point and not what is the general rule in Canada.
Section 7 of the charter says: “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of the fundamental justice”. It sets out a balance between the rights of the individual and the rights of the state.
In looking for protection under section 7, one first asks if there has been an infringement of one of the three protected interests, deprivation of life, liberty or security of the person, and then asks if such deprivation was in accordance with the principles of fundamental justice. These principles are found in the basic tenets of our legal system and are vital to our societal notion of justice.
The purpose of the member's motion is to add to section 7 the fundamental right of individuals to pursue family life free from undue interference by the state, as well as the fundamental right and responsibility of parents to direct the upbringing of their children.
On first examination, there is nothing reprehensible about this motion. One might indeed be tempted to support it, for who among us does not think that Canadians are entitled to a rich and rewarding family life free from undue interference by the state, and who would not encourage the right and, of course, the responsibility of parents to direct the upbringing of their children?
Canada takes seriously its responsibilities toward its children. For example, in December 1991 Canada ratified the United Nations Convention on the Rights of the Child, a broad ranging treaty which delineates the civil, political, economic, social and cultural rights of children.
As a leader in drafting the convention, Canada has been noted for its action on behalf of children. As a mother of two daughters, I am reassured that the government has done everything to acknowledge that children also have rights in our society and takes action to protect those rights here in Canada and throughout the world.
The family has been recognized and entrenched in the Canadian legal system in a myriad of ways. It has been supported and treated as a fundamental building block of our nation. One can look to laws concerning the validity of marriage, dissolution of marriage with its attendant need to provide for the financial interest of the parties and the continued well-being of children, and recent developments such as the government's child support guidelines initiative.
We provide support to families through a vast array of programs and policies. The Criminal Code of Canada protects children from abuse and neglect, as do child welfare agencies throughout the provinces and territories. Our tax system treats family relationships in a way that differs from individuals.
Canada in no way fails to respect families. It supports parents who look after their children's upbringing. No one is worried that Canada will introduce measures of oppression, interference or repression with respect to the family.
I therefore do not understand what the risks are to which families and children are exposed and which the motion before us seeks to eliminate.
Can the state interfere in family life in Canada today? There is no doubt that it can and, in some cases, it even has an obligation to do so. Ideally, every parent should be a loving parent, every child happy, healthy and safe from danger, and every family a refuge from the hustle and bustle of daily life, a place of warmth, security and affection.
We have only to read the newspapers, listen to the news and turn on the television, however, to realize that this is not the case, and the member has given examples to prove it.
Families in Canada today do not need more protection from state interference. Every day in this country there is enacted a delicate balancing act wherein the state uses its powers carefully, some may say too carefully, to protect vulnerable family members, women, children and the elderly, from harm. The rights of individuals are weighed and where the balance tips the state steps in to take care of its citizens.
I do not think Canadians wish to see those capabilities eroded. Our society is outraged when we read of children returned to or left in abusive families. Every day we read of that in the local newspapers. Do we really wish to further hamper the efforts of our child welfare authorities? Do we really want long charter based challenges clogging up our court systems while the vulnerable continue to be harmed?
The courts have examined section 7 of the charter and its impact on family rights. It is not my intention today to give a list of all the relevant case law. There simply would not be the time.
Our courts have concluded that the right to raise a child is part of a parent's right to liberty. They have ruled that the state should interfere only when necessary, thus confirming that the rights of parents are vital in our society. It is not a question of recognizing parents' right of ownership over children, but of recognizing parents' rights to make decisions in the interest of the child.
Our common law rules have long recognized, however, the right and the power of the state to step in to protect children at risk. That is a fundamental principle of our law.
In my opinion and in the opinion of the government we do not need this amendment to section 7 of the charter. Canadian families are protected from undue interference by the state and parents have the right to raise their children within the limits of the law. The law is there to protect those who are the most vulnerable in our society and those who are our most precious resource, our children.