Madam Speaker, I will be sharing my time with the member for Scarborough East.
I am delighted to have this opportunity to speak in favour of Bill C-23, the modernization of benefits and obligations act. I begin by commending the Minister of Justice, the Minister of Finance, the President of the Treasury Board, the Minister of Human Resources Development and the Minister of Citizenship and Immigration for their joint efforts, co-operation and collaboration in enabling the government to table this omnibus legislation.
The purpose of this legislation is straightforward. The bill will amend legislation to recognize the principle of equal treatment for all common law relationships. Same sex partners will be included in the new definition of common law partners. They will be granted the same benefits and obligations as opposite sex common law partners. Same sex spouses who have lived together for at least one year will qualify for benefits, the same length of time as common law spouses.
Bill C-23 will amend 68 federal statutes, affecting 20 federal departments and agencies. The legislation affected covers a wide range of subject matter, from the Bank Act to the Canadian Wheat Board Act, to the criminal code and the Firearms Act, the Indian Act, the Public Service Employment Act, the Trade Unions Act and the War Veterans Allowances Act, just to name a few statutes.
The proposed changes are about fairness. The changes are not about granting special rights; they are about equality before the law. The changes are about fairness, tolerance and non-discrimination. These changes are a reminder to us all that it is not acceptable to discriminate against any person at any time or at any place.
The proposed changes will ensure that our laws reflect the values of Canadians, and Canadian values, values that are enshrined in our Canadian Charter of Rights and Freedoms.
When we speak about the values of Canadians it is not surprising to find that the majority of Canadians believe, as I do, that same sex couples should receive equal treatment. According to an Angus Reid poll taken in September 1999, 67% of Canadians agreed that same sex couples should have the same legal rights and obligations as a man and woman living together as common law partners. Regional support was broken down as follows: in my province of Ontario, 66% of Canadians were in support; in B.C. support was at 68%; and in Atlantic Canada support was at a high of 75%.
While I would like to applaud the federal government for taking bold leadership on this issue, unfortunately I cannot do so. On the day the bill was introduced in the House of Commons the Minister of Justice stated: “Canadians are probably way ahead of legislators on this issue”.
These changes come almost a year after a Supreme Court of Canada decision ruled that same sex common law couples are entitled to the same benefits under family law as heterosexual couples. On Friday the Minister of Justice confirmed that the court gave the government the direction in which it needed to go.
Both federally and provincially there have been many challenges before courts and human rights tribunals regarding the benefits of same sex couples. In its May 1999 ruling in M. v H. the Supreme Court of Canada made it clear that government cannot limit benefits or obligations by discriminating against same sex common law relationships. Denying equal treatment before the law to same sex common law partners is contrary to the principles of equality enshrined in the Canadian Charter of Rights and Freedoms as well as the Canadian Human Rights Act.
Several provinces have already begun to amend their legislation. Since 1997 B.C. has amended numerous statutes, including six core statutes, to add same sex couples. In June 1999 Quebec amended 28 statutes and 11 regulations to grant same sex couples the same benefits and obligations that are available to opposite sex common law spouses. In October 1999 in Ontario, to comply with the supreme court decision in M. v H., the Harris government passed omnibus legislation to bring 67 statutes into compliance with the ruling.
However, this is not the first time the federal government has passed legislation to extend benefits to same sex partners. In fact parliament passed Bill C-78, which extended survivor's pension benefits to same sex partners of federal public service employees. All three territories and a number of other provinces have also passed similar legislation. These provinces include Manitoba, Quebec, Saskatchewan, British Columbia, Ontario, New Brunswick and Nova Scotia.
It should also be noted that Bill C-23 will not have an impact on the private sector. However, it is equally worthy to note that over 200 private sector employers have already extended work related benefits, such as dental care and pension benefits, to same sex partners for their employees, as do most municipalities, hospitals, libraries and community and social service institutions across Canada.
It is incumbent upon the federal government to act now. While some of the provinces have amended their statutes, Canadians must remember that under the Constitution Act, 1867 legislative jurisdiction is divided between the Parliament of Canada and the provincial legislatures. For example, Ontario amended 67 provincial laws that were the exclusive responsibility of the province, most notably the Family Law Act. This omnibus bill tabled by the government will amend only federal statutes.
Let me give some specific examples. Under the Income Tax Act a married person or a common law opposite sex partner may claim a tax credit for a dependent spouse or partner. The changes would provide that a same sex partner may also now claim the tax credit for a dependent partner.
Under the Old Age Security Act a married person or a common law opposite sex partner may claim an income supplement depending on the combined income of both partners. The changes that were tabled today would provide an income supplement claim for a same sex partner, but it would also be based on combined income.
We can see from the two examples I have used that the bill strikes a balance by extending both benefits and obligations to committed same sex couples.
I would like to give another example to illustrate the point I have just made about this balance. A household's income is one of the criteria used to determine a common law couple's eligibility for the GST or the HST tax credit. Because our laws do not presently recognize committed same sex relationships, individuals in such relationships can claim eligibility for these tax credits based on their personal income. Under the proposed legislation their eligibility would be calculated based on combined income, representing, in total, some savings for the government. On the other hand, we estimate that awarding survivor's benefits to surviving partners of committed same sex partners will represent a modest cost to the CPP. However, overall we estimate that the fiscal impact of these amendments will be minimal, if at all.
Recent court rulings have confirmed for legislatures the need to address the constitutionality of certain laws that discriminate against same sex couples.
As parliamentarians it is our responsibility to amend these statutes to ensure they conform with the charter. In the absence of legislative action the courts will continue to address cases in a piecemeal fashion. The status quo is not an option. It promises confusion, unfairness, and continuing and costly litigation. Equally important, it risks making the courts the arbiters of social policy.
Our proposed bill affirms parliament's primary responsibility for social policy. It provides a responsible, balanced and legally sound framework within which to address recent court decisions and, most importantly, to ensure that same sex couples receive fair and equal treatment under the law.