My colleague from Regina—Qu'Appelle reminds me he was also in the House at that time.
It was the leader of the Liberal Party, today's Prime Minister, who celebrated the coming into force of the Charter of Rights and pointed out:
In a global sense we are all part of a minority, and thus subject to the tyranny of the majority. If we are not protected by the rule of the law which is embedded in the rock of our Constitution, what is left?
We celebrated that day the coming into force of the Charter, and I think we should be very clear that the effect of the passage of this motion today would be to fundamentally and profoundly reject that Charter of Rights. It would be to override that Charter of Rights to deny the basic equality of gay and lesbian people in Canada.
I want to appeal particularly to Liberal members to reject that suggestion that we use the notwithstanding clause. Someone said that there would be an amendment and that they would take out any reference to all possible measures. The reality is that in law with the courts having ruled there is only one possible way to overturn those decisions and that is by using the notwithstanding clause. That is what this debate is fundamentally about today.
“Why are they doing this”, Robbie asked. “What is the threat?”
My colleague from Brandon—Souris spoke eloquently about his marriage of 31 years. A couple of weeks ago there was a demonstration of about 200 people outside my office and I know outside many offices of members of Parliament. I spoke to those folks who had deeply held views, deeply religious views. I asked those who were married to put up their hands and many of them did. I asked those who raised their hands to tell me if their marriages would be any less strong, any less committed, any less loving, if I were able to celebrate the joy and the love of my partnership with my partner Max through marriage. I asked if it would it weaken their marriages? I would ask my friend from Saint John if her marriage with her husband Richard of so many years would be in any way diminished by allowing me to celebrate my relationship with my partner Max. I said, “Put up your hands if you believe that” and no one did. We know that it would not happen.
For us, as gay and lesbian people, this debate is not just a political debate. It is an intensely personal debate as well because we are talking about our lives, about my life, about my partner and about my ability as a citizen of this country to enjoy equal status. That goes to the core of the values which I believe we should be fighting for as Canadians.
Our relationship of a little over nine years is just as strong, just as loving, just as committed as any other relationship. In fact it was a life-sustaining relationship for me, following a near fatal accident. It kept me alive. If Max and I should choose to celebrate our love through marriage, why should that be denied us, or any other gay and lesbian couple in Canada today?
I have had the privilege of witnessing a number of marriages since they became legal in Canada and it is a very moving thing for me. In Toronto two men who had been together for 31 years, the same number of years as my friend from Brandon, said after the celebration of their marriage in front of their families and their friends that it was the first time in their 31 years that they felt truly equal in their own country. I celebrate that and I honour them.
As New Democrats we say that this is an issue of fundamental human rights. I want to particularly pay tribute to my colleagues, members like the member for Vancouver East who spoke out so courageously during the debate on my private member's bill in October of 2001, the member for Regina--Qu'Appelle who seconded my motion in 1981 to include sexual orientation in the Charter of Rights, the member for Palliser who spoke out with passion, with conviction and with courage at a demonstration outside his office for equality and dignity and yes, my leader Jack Layton who has said that for him this is a fundamental issue of justice and human rights, who at his own marriage to his partner, his wife, Olivia Chow, lamented the fact that his gay and lesbian friends were not able to celebrate their marriages, and who has talked of witnessing the tremendous love and bonds of gay men in the epidemic of AIDS.
It was only in 1967 in the United States that laws prohibiting interracial marriage were struck down. When some Canadians say that marriage is immutable, that it has not changed, I would remind them that in fact there have been significant changes.
Yes, of course we protect and we honour religious freedom. One of the essential elements of the government's draft legislation is to ensure that no one is required in any way to solemnize a marriage that does not respect their religious values. Indeed the Ontario Court of Appeals has said that freedom of religion ensures that religious groups have the option of refusing to solemnize same sex marriages. The equality guarantee, however, ensures that the beliefs and practices of various religious groups are not imposed upon persons who do not share those views.
Equality for gay and lesbian couples and respect for religious freedom is what this is about. The motion before the House today would override those fundamental principles, and I call on members of the House to reject the motion.