Mr. Speaker, on two levels I am an enthusiastic supporter of this legislation. First, quite apart from minority rights and the charter, I believe unequivocally that gay and lesbian Canadians should have the right to civil marriage. Second, the protection of minority rights under the charter is a core responsibility of the government and a defining feature of our country. I will deal with each of these two points in turn.
I believe we should always seek to expand the rights of our fellow citizens as long as we do not thereby reduce the rights of others. We should seek to ensure that no group is denied full participation in society. As members of Parliament, we should not ask the question, why should we extend this right? Rather our question should be, why should we not extend the right? Let the burden of proof be on those who wish to limit fundamental rights.
Furthermore, in continuously seeking a better society, we must be open to changing norms and attitudes over time. There was a time when Canadians struggled with the notion of women voting and being considered equal under the law. Today, Canadians are proud that we can look to the famous five women whose statue stands here on Parliament Hill for daring to imagine a better society. Those women are Nellie McClung, Irene Parlby, Emily Murphy, Louise McKinney and Henrietta Muir Edwards.
Today, we cannot imagine Canada the way it was before these women made their contribution. I imagine that there were concerns at the time about what would happen to Canadian society or the Canadian family once women stated voting. History has shown us that these concerns were without foundation and our society was enriched.
Turning now to the subject at hand, I understand that many of my constituents will disagree with me, and I will return to that disagreement in a moment. However, for me as an individual, I ask myself a simple question: will gay marriage reduce the rights of other Canadians? Will gay marriage in any way devalue my own marriage? No, not in my opinion or that of my wife. Will churches or other religious institutions be forced to perform gay marriages against their will? Again no. The Supreme Court of Canada has been crystal clear on this point.
Will this legislation harm children who will be brought up by two mothers or two fathers? Again the answer is no. Without necessarily accepting the premise of the question, it is my understanding that gay couples already have the right to adopt and that this legislation has no bearing on that right.
Will government employees be forced to perform same sex marriages against their will? Since the administration of marriage is carried out at the municipal level, I discussed the matter with Mr. Don Cousens, the mayor of Markham. He told me that if the situation arose in Markham he would simply find someone else to carry out the marriage and there would be no problem.
I conclude that the civil marriage act extends the rights of gay Canadians without diminishing the rights of other Canadians. Accordingly I am pleased to support this bill and I would do so whether or not I was a member of cabinet.
To light a candle from another that is already burning does not diminish the light of that first candle, but rather serves to brighten the room. It is fundamental to our society that we offer basic rights to all. It is fundamental that we strive to extend our interpretation of equality as far as possible.
Let me now move away from my own personal beliefs to address some of my constituents and other Canadians who have a strong preference for the traditional definition of marriage. I believe there are two points of principle that are at stake in this debate: the principles involved in an individual's faith or belief that marriage should be limited to individuals of the opposite sex; and the principle of protecting minority rights as guaranteed by the Canadian Charter of Rights and Freedoms.
Many Canadians will want to accept both of these principles: protect the traditional definition of marriage and protect the rights of minorities. The essence of my message today is that we cannot do both. We cannot have it both ways. We must make a choice between traditional marriage and the protection of minority rights.
In terms of individual faith and beliefs, it is important to stress that we are speaking only of civil marriage—marriage conducted by the state, not marriage by churches and other religious institutions.
The Supreme Court has made it absolutely clear that no religious group will be forced to conduct same sex marriage. Moreover same sex marriage is already the law in seven provinces and more than 5,000 such marriages have taken place in Canada. The only effect of the legislation will be to apply the law uniformly across the country.
Notwithstanding these points, many Canadians still oppose same sex marriage for reasons of faith and belief. While I have already made it clear that I am not one of those Canadians, nevertheless I respect those who have a different point of view.
The second point of principle involves the protection of the rights of minorities under the charter. The courts have determined that same sex couples have the right to marry. The government, of which I am a part, believes that the protection of these minority rights is fundamental to our democracy.
One cannot pick and choose between minorities whose rights one wants to defend and minorities whose rights one chooses to oppose. If we do not protect the rights of one group, in this case gay Canadians, we set a precedent that would make it easier to abuse the rights of other Canadians down the road. We do not want to embark on that path.
Let us not forget that before Canada had the charter of rights, there were times in our history when we failed to protect the rights of minorities. Think of the internment of Japanese Canadians, the Chinese head tax, and the abuses of aboriginal people. We must never return to a situation where the tyranny of the majority overrides the rights of minorities, and by that I mean the rights of all minorities, including gay Canadians.
More than a third of my constituents are Chinese and in making this argument to my Chinese constituents, I made use of the very old Chinese parable, due to Confucius, that I will share with members today.
Over 2,000 years ago the two greatest delicacies for the Chinese were the palm of the bear and the fish. Everybody wanted to eat both of these good things. When people could not have both, they had to make a very difficult decision. They could eat the palm of the bear or they could eat the fish. They could not eat both. Today the fish is traditional marriage and the palm of the bear is the protection of minority rights. My message is that one can choose one or the other, but we cannot have both.
It is not the place of a member of Parliament to advise constituents on matters of faith. I am not telling my constituents that they must support minority rights at the expense of their faith, that they must eat the palm of the bear rather than the fish. What I am saying is that we must all choose one way or the other, and we cannot have it both ways.
Unfortunately, the Leader of the Opposition is misleading Canadians by telling them that they can have it both ways, that they can eat both the fish and the palm of the bear, and that they can enforce traditional marriage without overriding minority rights through the use of the notwithstanding clause of the charter. This is wrong. The courts in seven provinces have said it is wrong. In a letter to the Leader of the Opposition, 134 of Canada's leading legal scholars have said that it is wrong.
Some parliamentarians, such as myself, will have no problem supporting this legislation. Others, whose faith or core beliefs lead them to favour the traditional definition of marriage, must make a choice. Will it be traditional marriage or will it be the protection of minorities under the charter?
It is my hope and belief that the majority in the House will make their choice in the larger context of a free and equal society. We must remember that justice is blind. Whatever our personal views on this issue, we must ask ourselves if Canada will be enhanced or diminished by taking rights away from a group of our fellow citizens. To me, the choice is clear.