Madam Speaker, I rise today to take part in the historic debate on Bill C-38, an issue that, to a certain degree, has polarized our nation.
Bill C-38, an act respecting certain aspects of legal capacity for marriage for civil purposes, has evoked many emotions. I understand the sensitivity and complexity of the issue. Therefore, I will base my position in such a fashion that it will be respectful to all the parties involved.
However, let me be crystal clear that I support Bill C-38 based on the premise that it is a charter issue; an issue that protects freedom of religion and also extends civil liberties under the equality provision of the charter.
Let me begin by addressing the role of religion in this debate. We live in a secular society where the state and religious institutions are separated. What makes Canada unique and the envy of the world is that we recognize the importance and the significance of religion that is reflected in our charter and is codified in section 2(a). The Supreme Court has declared unanimously:
The guarantee of religious freedom in section 2(a) of the Charter is broad enough to protect religious officials from being compelled by the state to perform civil or religious same sex marriages that are contrary to their religious beliefs.
I want to take this opportunity to talk about my personal experiences with religion, specifically the Sikh faith.
As a proud Canadian born in Toronto and raised in Mississauga—Brampton South, I grew up in an environment where I never fit the status quo. At a young age I decided to keep my hair and recall the moral support provided by my school teachers. I remember playing soccer and feeling mortified because I was the only one with a turban. I thought my turban was going to fall off when I headed the soccer ball, but the coach always went out of her way to make me feel part of the team.
I remember the first time I wore my distar, also known as the turban, to high school and recall the compliments I received from my classmates. I also remember taking amrit in university, and being praised by my professors and the student body for making an outward commitment to practise my faith.
I share these experiences because it tells a story of a Canadian growing up in Canada during a time period when the charter was part of the Constitution. It is this charter that enabled me and so many others to follow our faith, and form an identity that today I can say with a great deal of pride is a strong part of the Canadian mosaic and fabric.
One would ask what the charter has to do with me practising my faith. Let me share one small example. I remember I was in high school and Mr. Dhillon was going through much undue hardship for wearing a turban and wanting to join the RCMP. I recall that Sikhs at that time came together and looked to the charter to protect their identity and, may I add, an identity that did not conform to traditional norms.
I also recall when the courts decided that Mr. Dhillon was allowed to wear his turban as an RCMP officer. At that moment, I was not only proud to be a Sikh but I was proud to be a Canadian, and live in a country where I was treated as an equal member of society, knowing full well that if my beliefs were ever challenged, I would have the charter to protect my rights.
Therefore, based on my experiences and historical decisions by the courts, I have full faith that the charter has demonstrated time and time again the importance of protecting religious freedoms.
The second component of the bill examines the enforcement of subsection 15(1), which indicates that everyone is equal before the law. The issue of equality under the law in Canada has been a constant struggle ever since Confederation. There are many examples of individuals and minority groups that have been regarded as citizens not fully worthy of equality under the law.
For example, women's groups had to fight relentlessly for the right to vote ever since they were excluded from voting at the time of Confederation. The first province to allow women to vote was Manitoba in 1916. It took two more years before women had the same right as men to vote in a federal election. Just imagine a society where women were not viewed as equal under the law. I cannot.
Aboriginal people were also excluded from the right to vote without condition until 1960. Technically they had the right to vote but only if they gave up their treaty rights and Indian status through a process that was defined as the Indian Act.
Today some have suggested the government extend gay and lesbian rights to civil unions. This would give some same sex couples many of the rights of a wedded couple, but their relationships would not legally be considered marriage. In other words, they would be equal but not as equal as the rest of us Canadians.
The courts have clearly and consistently ruled that this option would offend the equality provisions of the charter. For instance, the British Columbia Court of Appeal stated:
Marriage is the only road to true equality for same sex couples. Any other form of recognition of same sex relationships fall short of true equality.
We have three options here today: we could conduct a national referendum, we could use the notwithstanding clause, or we can uphold the Charter of Rights and Freedoms. The Liberal Party, including myself, has been clear that we will not let the majority decide the right of minorities. We will not take away their rights, but we will extend civil liberties.
The issue today is not of civil marriage. The debate here today is not whether to change the definition of marriage. It is being changed in seven provinces and one territory. The issue is something much greater than that, the charter. I am a byproduct of the charter and live in a country where everyone is treated the same and where individual freedom is the cornerstone of our society.
I am reminded of a former Prime Minister who stated:
The Liberal philosophy places a highest value on the freedom of the individual, and the first consequence of freedom is change. A Liberal can seldom be part of the status quo.
It was the Right Hon. Pierre Elliott Trudeau who made this statement over 30 years ago. I understand today, in the 21st century, we are confronted with a major consequence of freedom, change. As the former Prime Minister indicated, a Liberal can seldom be part of the status quo. Therefore, I stand here today to fight for freedom and respect change.
In closing, based on the fact that the issue today is to defend the charter, make no mistake about it. I will do everything in my capacity as an elected official to uphold the principles and the values laid out in the Charter of Rights and Freedoms.