Mr. Speaker, I am very pleased to join in the debate on the matter today before the House.
The member for Fundy Royal has said that it will have a profound impact on Canada. I totally agree with him. It is remarkable that Canada is having this debate. Very few countries are having a debate of this profound nature. It relates in some ways to the way in which we see ourselves as a society and as a country, and how we try and strike individual liberties, freedoms and inclusiveness for all of us.
I am proud of the fact that we are having the debate. I am proud of the respect we have for one another for the tremendously difficult disagreements we have over this. I am proud, at least in my belief, that this will prevail in the end because it is the right thing to do and it is the right time to do it.
I am proud that the government has introduced the legislation. In my view it is in the best of the Liberal traditions, that is a commitment on behalf of government to change society in a way that individuals are protected and that they can affirm and develop themselves to the best of their possibilities in society.
I was very proud of our Prime Minister's introductory remarks, which the hon. member for Fundy Royal mentioned. We heard him discuss in a dispassionate way the nature of the legal framework within which we live. It is not only a legal framework and a charter, but more than a legal framework. It is a framework, and I will come back to this, which seeks to create an atmosphere of mutual respect, comprehension, tolerance and one in which society can progress. We heard the Prime Minister put forward a compelling case, a case founded on our charter, our law and our tradition of mutual respect for one another.
We heard the Leader of the Bloc Québécois speak. We all have to remember when he said:
—the religion of some should not become the law of others.
How long has it been in human society where the religion of the some is the law of the others? How many of us, as we sit here in the 21st century, can recall centuries before when that was the profound reason for social strife, the disruption of society, the civil wars, the terrible religious wars of Europe of the 1630s, the religious wars in France, and the civil war in England? All of this arose largely because some people felt that the moral values of the some had to be imposed by the law on others. Clearly, we have an obligation to determine what are our moral laws. We as a Parliament must consider that.
However, the bill seeks to do that within the context of a charter and I would like to come back to that. First, let us look at what the bill is and what it is not. It is a bill about civil marriage. It is a bill about the state's obligation to create a framework within which individuals can participate in society and fulfill themselves. It is about the state's role. It is not about the role of churches. It is not about the role of religion. That is, as the Supreme Court of Canada has said, for the churches to determine.
I happen to belong to the Anglican Church which is struggling with this matter in a very deep way. This is a matter which is extremely troubling. It is a matter which is causing extreme anguish as people in my church and in other faiths seek to find an answer to something that our colleagues across the way have said is of profound importance for us.
However, let us not try and use the bill. Let us not distort the nature of the bill. Let us not talk about churches. We have allowed divorce in the country for a long time. No one has ever brought a case before the court to require the Catholic Church or any other church that does not wish to recognize divorce to recognize a divorce.
I do not believe it is likely, particularly given the statement of the Supreme Court of Canada, the British Columbia Court of Appeal, the Ontario Court of Appeal and others about religious discretion and religious control, that there is any likelihood or any possibility whatsoever that such an action would be successful.
The hon. members opposite cite cases where they say it is going to be tried and people will bring lawsuits. There will be people who will bring lawsuits, but that is not to say they will be successful.
We have here the clearest statement of the highest court of the land saying that the charter protects religious liberties and religious institutions will make their own choice.
We are debating here in the House the obligation of this Canadian country of which we are so proud and so determined to make one of the greatest countries in the world. That is what we are talking about and not about individual religions which are a part of the mosaic of this state. It is the accommodation of that mosaic which is very important.
I remind members of the House that there are religious organizations, whether it is the United Church or others in this country, that do wish to give affirmation to the opportunity of people of the same sex to get married.
Therefore, let us leave to religion what is religion and let us talk about the state's role and what is the state. How did we get here? We got here because in the 1980s we made a profound decision in this country. We chose to fetter, if I may say that, to restrict, and to control our parliamentary democracy by an overguarding reach of a Constitution which would determine which were the basic rights, fundamental rights and freedoms of Canadians.
One of the basic rights contained in that document was the obligation of the state not to discriminate when it deals with its citizens. An obligation which can only be overridden by section 1, where it is the imperative necessity for the preservation of the state.
I happen to believe, and I am not like those on the other side of the House, that we are fortunate to have chosen this path. I happen to believe that we did the right thing in saying that when we created a Constitution and defined rights and liberties within that, that we gave to our courts the obligations, the duties and the privilege of interpreting that Constitution.
As they have interpreted, a society has evolved. It is a parliamentary democracy which is now part of a constitutional democracy. In that respect, I cannot accept the comment by the member for London—Fanshawe that our courts were being arrogant when they came to the conclusions they did. They have had cases that have dealt with this matter for over 15 years.
Year after year they have pronounced on the reality of the statements. Unlike my friend, the member for Fundy Royal, who says that the Supreme Court of Canada has not pronounced upon this, I totally disagree with him.
The Minister of Justice and other members of the House have said and 139 lawyers, professors and learned people in the law have written to the Leader of the Opposition to tell him specifically that the Supreme Court of Canada has pronounced itself when it affirmed the judgments of Ontario, British Columbia, Quebec, Manitoba, Nova Scotia, Saskatchewan Yukon and Newfoundland and Labrador that restricting civil marriage of opposite sex couples is unconstitutional under the equality provisions of the charter and, therefore, created a legal framework for these marriages, which has established vested chartered rights in the citizens of those provinces.
The member for Fundy Royal would not answer the question from my friend, the member for Davenport. The question remains. The Supreme Court of Canada has spoken of the vested rights of citizens who have been legally married by virtue of authority granted to the state under legal rulings of the highest courts of their provinces. What does the opposition say to us it will do with those people? Will they be thrown into limbo? Will their marriages, which are legal today, be illegal tomorrow?
The hon. member for Fundy Royal says we are not taking rights away from anyone. There are 5,000 couples in this country, and there will be more before this debate is finished, whose rights will have to be taken away if the members opposite are successful in proposing what they propose before the House today. That would be a tragedy for Canadian society.
I suggest to the House it is clear that this is a matter of law. The Supreme Court has pronounced. However, this is not just a matter about legal considerations. I believe it is a matter of fairness in society. It is also a matter, frankly, about economics.
In my own city of Toronto I have done many investigations since becoming the member of Parliament for this riding. I have spoken with people at the University of Toronto and people at many firms, some of which oppose this idea, but over time they have all given similar rights to gay and lesbian couples. The obvious reason they do it is because they want to ensure that they can hire the best people available.
The fact of the matter is that one of the benefits of being open and tolerant to people with diverse points of view and cultural backgrounds is precisely what being modern is all about. The city of Philadelphia in the United States has been seeking recently to create a sense of itself as being gay friendly. If we read the literature, it tells us that being gay friendly is not just about trying to attract a certain group of people to go to the city. It is a signal about being open, the fact that it can bring anybody into the city, somebody who will go there to work because they feel comfortable, are not discriminated against and can contribute, whether they be a computer programmer, an artist, a lawyer or anything else.
When we pass this bill, we will be sending a message to the world that Canada is open to people, Canada is tolerant, Canada is willing to say that individuals can affirm themselves to their fullest, and Canada will be saying it is ahead of where modern society is going. That will make all of us on this side of the House proud indeed and it is something which I believe is absolutely essential for us to do.
We have heard a great deal in the House about the nature of multicultural societies. I know something about multicultural societies. I happen to live in a riding which has a very rich mixture. I happen to know many of the people in that riding, many of whom have cultural hesitations about this matter, who feel that it is not part of their religious tradition, who would not wish to see it as a part of their family.
However, those same people know that they have had the privilege of coming to this country and living in a society with a constitutional protection such that while it might apply in this circumstance as something they disagree with or would not practise themselves, they know that those same rights will protect them when the time comes. That is the essence of what the charter protection is all about. It protects all equally. It will sometimes protect somebody who we disagree with, but as Voltaire once said, “I may disagree with what you haveto say, but I shall defend, to the death, your right to say it”.
The point about the charter is that it has to apply equally to all. In my experience, the multicultural communities that I have the privilege of working with in my riding, with their rich different cultural backgrounds, are uniformly of the view that they want the protection that the charter offers them and they are willing to offer that charter protection to others.
I can say something else about my riding and I am very proud of it. I recall years ago when I first was elected. We have something called Gay Pride in Toronto. I think maybe other cities and countries have pride as well. Twenty-five years ago it was a political event. People protested about being discriminated against. Today it is one of the biggest events in downtown Toronto, as I am sure my colleagues from the city of Toronto who are here today would agree.
Grandmothers and children from every race, every multicultural society, and every facet of Toronto are there participating. Why are they participating? They are participating in something that is a celebration of our common humanity, our tolerance and respect for one another, and our ability to get along. Go and ask the grandmothers who are there with their children watching Gay Pride in downtown Toronto. The members here are telling us that this is going to end society, that it is all going to come to a terrible end. Ask them what they think as they bring their children to an event which celebrates our common humanity. That is what it is all about. It is about our common humanity.
I have been in the House now for many years. I have heard the statements that society is never going to survive, but we heard the same arguments when we talked about the Criminal Code changes. We heard the same arguments about the Human Rights Act changes. We heard the same arguments about Bill C-23, giving equal status and extending pensions to common law partners. In fact, we have heard these arguments over and over again, that the institution of marriage is threatened, society will never be the same, the traditional difference, children will no longer respect their parents, and this will be the end.
We have heard it so often. We have to reflect and look back in history. The same arguments were made when we brought in divorce. The same arguments have been made every time there has been an important social change.
I would like to read something to my colleagues on the other side of the House from a former Conservative MP who is also a research professor at Wycliffe College, the University of Toronto, which is an Anglican college. His name is Reginald Stackhouse and he had this to say in an article he published in the Globe and Mail :
As a Canadian, I don't have to agree with gays and lesbians. I don't have to approve their marrying. I just have to respect their right to do it and live their lives in a peaceful, open way. Showing that respect is something I should do for the common good, not just for the rights of gay and lesbian individuals. This country is a better place to live for all of us when we acknowledge we can be different without fighting about it. Or repressing it. Or even pretending it isn't there. That's not easy for some people. Deeply held moral values can motivate their wanting to use the arm of the law to advance them. But persuasion is morally better than coercion. Anyone who doesn't think so should look around the world.
Experience also teaches us that many of the fears people hold are not justified. In my own lifetime, Canadians have learned to live with a succession of changes in lifestyle, each one feared as the first step on a slippery slope. Yet we have remained “a peaceable kingdom”, a place envied around the world by men and women eager to live where they can be free. Not so that they can wallow in sin.
Just so that they can be themselves.
But that has not made Canada a wasteland of godlessness. We have opened up Sunday. We have decriminalized contraception, abortion and homosexual activity. We have given ready access to divorce and remarriage. In six provinces and one territory, we already have same-sex marriage. But we also have a vigorous spiritual life.
If all the country's worship services are added together, they can still outdraw the total attendance at all our sports events--even when the NHL is playing. So, as a Christian citizen, I am not going to urge my MP to vote “No”. This country is the world's best place to live because we accommodate one another. The Fathers of Confederation showed it when they fashioned a Constitution that accepted differences. Our MPs can show it again.
I had an opportunity some months ago to be at Toronto City Hall. I was there with the mayor. On that occasion several hundred people of same sex had obtained marriage licences to celebrate the fact that they were able to get married. It was no different from any other day when groups of people get together and celebrate their ability to pledge allegiance to one another, to one another's future, the same emotions, the same concerns about where they are going, the same angst that one has and yet the same thrill that this commitment is being made.
Something quite remarkable happened at that event. As I stood there watching, I was asked if I would say a few words. A young American stood up on the stage. He said that he was there with 20 of his American friends, all of whom had come to Canada to get married. This young man from Boston said something quite extraordinary. I mean this in no way critical of the United States, but I am quoting him, he said, “For me the Statue of Liberty has moved from my country to Canada as we come here today to celebrate our individual and collective liberties”. Everyone in that room stood up and sang O Canada .
Mr. Speaker, you and I know that Canadians are not demonstrative as a rule, but I was proud of that group. I was proud of that moment. I will be proud when this bill is passed and we can all say the same thing: our country is a beacon for liberty; our country is a beacon for individual rights, freedoms, respect and tolerance for one another.