Madam Speaker, thank you for the opportunity to speak to Bill C-38. There have been a number of very important interventions by colleagues from all sides of the House. I wish to state right from the outset that I will not be supporting Bill C-38. I emphatically oppose a notion which in my view is not based on good legislation, let alone judicial interpretation, to change something which I believe is at the foundation of society as we understand it today.
The decision to bring about the legislation today, defined as a change in the common law definition of marriage, took place over the years and, I would suspect, is as a result of several various challenges which have taken place under the charter. Certainly this is setting aside some pretty important fundamental principles about who we are as a people and how we have come here as a people.
The institution of marriage in my view is not something on which one can make a claimed right. It is unique and is deserving of respect and dignity, dignity because it is not designed to be offensive. No more than I could ask to receive veterans benefits because I have not participated or donned a soldier's uniform for this country, could I make a claim of opposite sex to enter into that relationship.
It is very clear to us over the years that what we have seen in terms of decisions by various courts at a lower level may have been arrived at obviously by someone finding a right. In 1981 I sat here in the galleries working for Liberal cabinet ministers. I recall very well the debate which led to the ratification of the Constitution. It became very clear that the authors and architects of that Constitution, of our Charter of Rights and Freedoms, never intended to have the kind of effect that we see today.
In some debates I have heard some suggest that the previous prime minister, the right hon. Jean Chrétien, referred to it as the living tree, our charter and Constitution. In fact it had nothing to do with the charter. That was a commentary that was made during the 1932 aeronautics decision by Lord Sankey. He was referring in one way or another to the Persons case. The Persons case had to be tried at the judicial privy council in England in order to get resolution.
I am very concerned that we have seen an evolution of belief in the country that somehow a claim for rights suddenly means the expunging, expelling or diminution of other rights. The rights of others who have and who hold true according to their faith and belief, which is not necessarily always religious, is something that is extremely important and one which cannot be diminished and in my view cannot be negated.
I have seen several decisions in which Canada, as was suggested by the member for Scarborough Southwest earlier this month, has become the first nation to recognize marriage and the claim to marriage of opposite sexes as being a right. This is without precedent around the world. It fundamentally erodes what has been for millennia a definition which most people in the world understand universally today. It was not by accident when cultures and various peoples came together and discovered each other, that of all the things that may have been different about them, the affirmation of marriage through a ritual of a right was common in almost every single interchange between societies.
There are those who hold true to the marriage issue as being simply religious. While that is true, and it is certainly true for me as a practising Roman Catholic, it is not necessarily and uniquely a matter that is strictly a religious practice. It has sociological and anthropological implications. I recall that the former editor of Xtra magazine was very clear as to what her views were on marriage. She believed that the community should not be pushing this. I believe her name is Eleanor Brown. She wrote in 2002 after the first decisions:
I would prefer that gay men and lesbians not get married because it's a heterosexual institution. We have our own culture and we need to keep it strong and healthy in this day of increasing assimilation.
There is something very important about the evolution that I have seen as a member of Parliament in the last 11 or 12 years. This is the same time, Madam Speaker, that you and I have been members of Parliament.
There has been the decision to bring in the controversial words “sexual orientation” which led to the change to the Canadian Human Rights Act, notwithstanding the fact that guarantees would be given that it would not take place. We then saw from Bill C-41 to Bill C-33 changes in terms of the modernization of benefits. We heard from the justice minister in 1999 that notwithstanding those changes, which were promised never to happen, there would at least be the protection of marriage.
It became very clear to me that despite the guarantees that are given on paper and by this House as to what the next level of protection is going to be, frankly, it is not worth the paper it is written on. A court down the road cannot be precluded by this Parliament from making decisions that will ultimately affect for all intents and purposes and for the reasons suggested by the member for Scarborough—Guildwood, the hon. Parliamentary Secretary to the Minister of Finance, and will not even guarantee, as it cannot guarantee, the practice of those who are prelates and who seek religious protection.
We know that is a charter matter. It is a matter that can certainly be discussed by Parliament, but it is a decision nevertheless that takes all considerations to be put aside. We need to ensure that there is above all a modicum of understanding and respect, and that issues of tolerance and pluralism are not based on issues of moral relativism.
We must ensure that this Parliament remain ever true to the rights and protections and notions of all Canadians. It means that wading into this debate of suggesting that we are going to somehow right a wrong may in itself be the wrong direction and wrong-headed.
I ask Parliament to look at issues based on common sense and the virtue and value of this very fragile institution. Though there is new wisdom from the Ontario court and from new courts as to what a human right may constitute, new wisdom that upends tens of thousands of years of practice and right, regardless of religion, I think we have an obligation to be sincere, direct, open and honest about what the institution of marriage and its capacity is.
It is a capacity that cannot be replicated in any other form. That is not discrimination. That is reality. No more that I could wish that the sun rose in the west and settled in the east, or that I would want the earth to be flat, I cannot accept for a moment that the institution of marriage is changeable to someone's demand for a right.
I believe very strongly in the issues that are of concern to our world, whether it is my work in terms of challenging my own government on hepatitis C when it was very unpopular to do so, or when I was one of the first members of Parliament to bring together the need for anti-retroviral drugs for AIDS to remedy the situation in Africa. On this issue, I believe as far as marriage is concerned that we must be prepared to say there cannot be a one size fits all. Despite those who believe that the charter is a living document that can change rights at will, I would respectfully submit from time to time that the tree needs to be pruned.
In this case, rights do have with them responsibilities and obligations to the truth and to ensure that above all we present legislation that is important, that addresses the true needs in this country, for instance, the needs of the aboriginal people. There are issues such as poverty and housing. There is the problem of racism. Those are issues where we need to work together as a model for Canada.
The institution of marriage is one that deserves dignity and respect. For all those who have been married in the past, we must accept the consequences of now seeing the potential through this Parliament of changing our ideas.
What is it in the past five years, what new wisdom is there today to suggest that what this Parliament decided by a five to one margin should now be suddenly different?
It seems to me that while there may be a willingness to be generous and to accommodate and to have an opportunity to bring in everyone, we may be doing so at the risk of offending not just people, but that we are also affecting the truth. The institution of marriage guarantees society. It is the main vehicle by which we will continue in the future, by which this Parliament is relevant.
I am one who champions the issues of rights. I fundamentally believe this is not an issue of rights. Regardless of why a superior court judge or an appeal court judge in Ontario, appointed by the previous prime minister, would suddenly decide otherwise is beyond me. However, I would also suggest that it is Parliament's opportunity to say no to what I believe is bad legislation and to send a message that we do have indeed, as the justice minister suggested, a constitutional democracy. It is time to put democracy, common sense and truth back into that equation.