Mr. Speaker, the bill before us tonight, Bill C-447, an act to protect the institution of marriage, is a very short bill with one main provision. The provision states “Marriage is the lawful union of one man and one woman to the exclusion of all others”.
That wording should be familiar to members of the House since we had a vote on those very words less than six weeks ago in the form of an opposition day motion. The motion was defeated by a narrow margin. The bill we have before us today is just another way of attempting to bring the very same issue forward again, once more in a rushed manner and in an attempt to short-circuit what would be the responsible approach to this complex question set out by the government in July.
For that reason alone, Bill C-447 deserves to meet a quick end. However I have two further reasons that I would like to set out for my colleagues today.
First, the bill is flawed in that it is not, I suggest, intellectually honest with the House or with Canadians.
Second, the passage of the substance of the bill would have a potential impact on the rights of other minority groups in Canada.
Let me begin by explaining my remark about intellectual honesty. The fact is that the opposite sex requirement for marriage has been struck down by the unanimous decisions of the courts of appeal both in British Columbia and in Ontario. The lower court decision in Quebec also agrees that the requirement is unconstitutional. Yet the bill avoids this very fact, that essential fact that has resulted in this particular bill being ruled non-votable.
Bill C-447 is unconstitutional as Parliament cannot overrule a charter finding of discrimination, or at least not without deliberately doing so with the notwithstanding clause. That was the conclusion that we came to with respect to the opposition motion and it remains the conclusion today.
I am also quite concerned about the importance of protecting minority rights. The Liberal Party has long been known for its consideration of the rights of minorities, not the least of which is the determination to entrench the bill of rights into our Constitution in order to ensure that vulnerable minority groups have equal treatment under our laws. This means all vulnerable minority groups, both those that would be able to get their issue before the government of the day and those without the power to do so into the future.
I was and remain very proud of that philosophy, and its result in the charter. I think of it every time I read a newspaper report that expresses concern that the government is proceeding down this path to giving legal recognition to same sex unions against the will of the majority. I think about it because I, like many members, have come to support this decision on the need to legally recognize same sex unions a bit reluctantly.
I may not be entirely comfortable with the idea of changing the definition of marriage to include same sex relationships. It is still new for me, for many of my colleagues, friends and families, but I am persuaded because of the potential for impact on other Canadian minorities.
Most of us belong or know many who belong to one minority or another. As Canadians we pride ourselves on the ability of Canadian minority groups to maintain their distinct realities, be they racial, religious, linguistic or cultural. Unlike some other countries with a much greater push toward conformity, we respect the right of others to live something that we may not entirely believe in or agree with, so that they will in turn respect our right to live as we choose.
That is not to say that we are a lawless country. On the contrary. With these differences between us, we share a great many of our fundamental values. We are a nation that also prides itself on our rule of law and on our ability to live within those laws.
However, what happens when we as elected legislators ignore our responsibility to also protect those members of minority communities among us who are without voices, without representation? What happens then to the rule of law and to the values that stand behind our charter?
If one minority community can be deliberately discriminated against by law, then are not all minority communities at risk? This issue is not just about changing a definition of marriage with which all of us have grown up. It is about the essence of equality; the inclusion of all within our major social institutions.
I have heard a great deal of rhetoric on this issue lately. I understand and feel the concern that this change is happening too fast and that the majority of Canadians are being asked to see a fundamental change to a central social institution because of a very small minority group that believes they are discriminated against by being left out.
However, what happens when we do that traditional test for any equality issue? What does the issue sound like when we substitute one group for another? Black Canadians cannot marry each other or Catholic Canadians cannot marry each other. Does it not then start to sound as if we are keeping a minority group out of full participation in our society?
If marriage is as fundamental to them as it is to me, should they not also have the choice to decide to publicly demonstrate that same level of commitment to each other that I can choose to demonstrate with my spouse? I have heard some people put forward the objection that nothing is stopping gay and lesbian Canadians from marrying; they just have to marry someone from the opposite sex. That is insulting nonsense.
The medical community overwhelmingly agrees that sexual orientation, whatever its basis, is not as simple as choice. Why would anyone choose to be part of a minority that still suffers significant discrimination, as shown by the high numbers of adolescent suicides and other sad statistics?
As elected legislators, we may understandably first be concerned about those issues the majority of our constituents believe are important. However at some point we must also accept that we take on a larger responsibility beyond that to our own electors. We have responsibility to the future of Canada that is based on the strength of minority communities and their ability to fully participate in and contribute to all aspects of Canadian life, particularly those we find of most importance in our own lives.
Finally, I wish to return to my initial concern with Bill C-447. It is premature and it attempts to short-circuit the responsible approach set out by the government in July to a complex question on which many Canadians have deeply held views.
The government has proposed an approach that is both balanced and respects the important roles of both Parliament and the courts. Its draft legislation creates a balance by fully respecting two fundamental charter rights: equality based on personal characteristics such as race, language or sexual orientation; and freedom of religion.
There are only two provisions. The first defines marriage to be a lawful union of two persons to the exclusion of all others. The second states that “Nothing in this act affects the freedom of officials of religious groups to refuse to perform marriages that are not in accordance with their religious beliefs”.
To further ensure freedom of religion, the bill has been referred to the Supreme Court of Canada, along with certain specific questions. The benefit of referring this draft bill to the Supreme Court for its advice is not in any way to preclude parliamentary process. Rather, it is to clarify for members of Parliament what is possible within the framework of the charter and, in particular, whether freedom of religion remains protected.
I believe the better way to proceed is to get all the information, to come back to the House and to debate the matter fully. Parliament is the place where this matter should be settled.