Madam Speaker, I want to begin by saying that this is a very delicate matter. Bill C-23 is an issue of concern for Canadians on all sides of the political spectrum.
I have taken a number of calls and representations made by my constituents as to how they feel on both sides of this issue.
At the end of the day, in this great parliament and across this great country, it is a matter of fairness, tolerance and respect.
I object to the kinds of comments that have been made by members opposite with respect to this all important matter. I object to the myths, the falsehoods and the misinformation that people, especially members opposite, have found it necessary to use to stir up people, to try to pit people against people and group against group in Canada, which prides itself on being a tolerant, caring and compassionate society. It is important that we proceed with Bill C-23 in a manner consistent with the great values of Canada. I think that is precisely what we are doing.
I have listened to the comments of members opposite. I want to be very clear that what is at stake are both rights and obligations. The granting of same sex privileges will confer certain rights and there will be obligations which will flow from that. Let me also be clear that this bill, which has been studied at committee and is now before us once again in the House, deliberately maintains a clear legal distinction between married and common law relationships.
We know that courts have ruled on this matter. We know that we in the House are obliged to follow through with legislation. We also know that equal treatment should be afforded in the law for all Canadians, whomever they may be and wherever they may live, common law opposite sex couples or common law same sex couples. It makes no difference. We are talking about fairness, compassion and equal treatment.
It remains for the government to choose how to achieve the goal of equal treatment, and so it is that Bill C-23 represents the government's choice to provide equal treatment while also responding to the concerns of many Canadians about the need to preserve the fundamental institution of marriage. This bill strikes a balance.
First, the bill uses clear language to maintain the term spouse for married couples and to introduce a new term, common law partner, for unmarried, committed relationships.
Second, under clause 1.1 it is now stated clearly that nothing in this bill would, in any way, shape or form, alter or affect marriage as we know it.
Another issue that has been raised is the question of whether individuals will have to go to court to find out if they qualify as a common law partner because of the use of the term conjugal. Quite frankly, this defies common sense.
Common law relationships are not new. The word conjugal has been used in federal law for some 40 years to describe common law opposite sex couples. There is absolutely no reason that there should suddenly be a problem in this area where there has not been one before. Let us put that to rest once and for all.
Common law partners, both opposite sex and same sex, will apply for benefits and be held responsible for obligations in the same way that already occurs for common law opposite sex couples.
The members across the floor raise a concern about those who might try to take advantage of the system, either by declaring a relationship that does not exist or by failing to declare one that does. They raise all kinds of outrageous scenarios, which is beneath them to do so.
This is not a new situation either in law or in the administration of federal law. Declaring a relationship that does not exist or failing to declare one that does would be fraud and would be dealt with under existing provisions that apply to married couples and common law opposite sex partners. Let us put that issue to rest as well.
Members opposite have also repeatedly claimed that there is no public support for this bill. On the contrary, this is simply not true. In a survey conducted in October 1998, 67% of Canadians agreed that same sex couples should have the same legal rights and obligations as a man and a woman living together as a common law partnership or couple.
I, like a number of colleagues, have heard from many Canadians on both sides of this issue, as I said at the outset. Some are concerned about preserving marriage, for example, but just as many are concerned about the bill being fair, equitable, tolerant and compassionate. Equal treatment for all is what I have heard.
The bill will not result in increased taxes for Canadians or increased costs for employers because the bill responsibly ensures that both benefits and obligations will be extended at the same time. The Department of Finance estimates that the fiscal cost will be balanced by the fiscal obligations which will rightly ensue. This is not a cost issue for the government.
Similarly, I should note that over 200 private sector Canadian employers already extend benefits to same sex partners in their employ as a business decision.
I think it indicates that a business decision taken in this all important area makes sense, not only from a competitive point of view but also from a compassionate and human point of view. We in the government are doing the same by bringing forward Bill C-23.
I need not remind members that the Supreme Court of Canada made it clear last May in the ruling of M. v H. that restricting government benefits or obligations to common law opposite sex couples is simply not consistent with the charter. Canadians respect the charter. Canadians have a great love for the charter. Why is that? Because the charter defines us as a people.
I hear the member opposite laughing, and well he should laugh because it is not we on this side of the House who always want to denigrate one of the great institutions of Canada, the charter as we know it.
Not so long ago Mr. Stockwell Day was in Ontario. I forget how the chant went, but I think it went like this “Stockwell Day, go away, anti-choice and anti-gay; Stockwell Day, make my day, right wing bigot, go away”.
Those are not my words; those are the words of Ontarians who see through the code words used by members opposite, who see through the bitterness, extremism and underlying hatred of various groups. Quite frankly, we reject that, as do all good thinking, caring, compassionate Canadians.
If the hon. member does not laugh at me again I will go back to what I was saying, which is that the great charter of ours guarantees equality for all Canadians, regardless of age, race, ethnicity, religion, gender or sexual orientation. Those guarantees exist for all, and they exist in a manner consistent with the fundamental underlying values of this great country.
It is important that we proceed with Bill C-23 to ensure that people, no matter where they live in Canada, are given the kind of fundamental respect that Canadians of all stripes not only require, need and deserve, but want, because that is after all who we are. We are a nation of greatness built on the very foundation of tolerance and compassion, caring and acceptance for everyone.
Why is that? Because our forefathers and foremothers forged this land along with native Canadians consistent with the underlying belief that we treat each other as we would be treated. Why do we do that? Because it is the Canadian thing to do.
I urge all members of the House to do the right thing and vote for Bill C-23.