Madam Speaker, Bill C-23 extends to common law, same sex relationships, the same benefits and obligations already granted to common law, opposite sex relationships under federal law.
The bill also extends to common law partners some of the remaining obligations and a few remaining benefits of more limited applications currently limited to married couples.
The debate so far this afternoon has dealt with the issue of marriage. We keep saying that Bill C-23 is not about marriage. Notwithstanding, I will address some of the concerns expressed.
It is not necessary to add a definition of marriage to each individual statute in Bill C-23. The government has already amended the bill to add an interpretive clause that accomplishes the same result. The legal definition of marriage in Canada is already clear in law. It has been successfully defended and upheld by the courts.
On March 22 the Government of Canada tabled an amendment to Bill C-23. The amendment confirms the Government of Canada's commitment to the institution of marriage by reaffirming that marriage is the lawful union of one man and one woman to the exclusion of all others. That was stated in the motion passed by the House of Commons last year. This clarification fully preserves the integrity of the bill while ensuring that it addresses the concerns of Canadians.
As we have stated before, nothing in this bill affects the definition of marriage. This bill is not about marriage. This amendment reflects this fact. This amendment will not change the law or the legal status of marriage. However, Canadians have made it clear that they want some assurance that there will be no change to the institution of marriage, and that is what we are doing through this amendment.
As we have said time and time again, Bill C-23 is about fairness. It will extend equal treatment for benefits and obligations to same sex couples on the same basis as common law, opposite sex couples.
The importance of marriage is not something derived from the law but from society itself, the men and women who make that commitment. It is clearly evident in that some 20 years after a majority of the benefits applied to marriages were extended to common law, opposite sex relationships, people are still getting married and do so in significant numbers.
It is also wrong to suggest that marriage will not continue to have a special status in law after this bill. For example, unlike common law couples, married people have a marriage certificate to prove their relationship and they are given extra protection by being considered to be in that relationship until the day it is dissolved by divorce.
To say that there is nothing left for marriage except for a divorce is clearly wrong. Several statutes and provisions retain distinctions and treatment that are directly connected to the legal difference between marriage, a de jure relationship, common law relationships and de facto relationships. These distinctions will be maintained in federal law.
The definition of marriage, as we will keep repeating, as contained in federal common law will not be modified. A married relationship has effect for benefits and obligations under federal law as of the first day that the marriage is registered. Common law relationships are established as a question of fact; that is that a reasonable period of cohabitation is required before the relationship has effect for the purposes of benefits and obligations. At the federal level this period of cohabitation is one year.
There is also a difference with regard to the legal treatment of separations. Because marriage is a legal relationship, where married spouses are separated their relationship still exists in law until the marriage is dissolved in divorce. This provided additional protection under the federal law for purposes of benefits and obligations.
Common law relationships, however, as a fact based relationship, end on separation. For example, several Treasury Board statutes related to survivors' benefits, such as the diplomatic service, the special Superannuation Act and the Lieutenant Governor's Superannuation Act, provide for the apportionment of the survivor benefits in those few cases where there may be two survivors: a legally married separated spouse and subsequent common law partner. These provisions do not apply to separated former common law partners.
The Divorce Act also contains a series of protections for married couples who separate and divorce. Similar protections for common law couples within the provincial jurisdictions are generally less favourable.
As one example, the federal Divorce Act provides for the division of marital property which is not available in any provincial legislation for common law couples who must instead apply to the courts for a judgment in equity of unjust enrichment. Similarly, provisions allowing for spousal and child support generally afford greater protection to married couples on relationship breakdown.
The government has a duty to guarantee the fundamental rights and freedoms of all Canadians. Courts have clearly found that same sex relationships of some permanency have many of the same issues of support, dependency and obligation as heterosexual couples and have indicated that it is necessary for the government to act under the Canadian Charter of Rights and Freedoms. Bill C-23 does this.