Mr. Speaker, it is an honour for me to speak on this subject.
On February 1 the government tabled the civil marriage act in the House of Commons to extend the right to civil marriage to same sex couples and reaffirm the independence of religious institutions.
We began this process by acknowledging that this is a difficult issue for many Canadians, one involving personal beliefs and religious convictions. Canadians have responded overwhelmingly to the legislation, both in support and in opposition. They have asked many important questions that will inform the debate and I commend them for joining in the dialogue, for contributing their opinions and, of course, their concerns.
While I am personally predisposed to support a bill that provides equal access to civil marriage for all Canadians, I cannot do it if it fails to uphold religious freedom. We must ensure that the rights of the church are protected and, as I have said in the past, I will not extend my unequivocal support to a piece of legislation without first hearing the concerns of my constituents and participating in a constructive debate to address these concerns.
I trust that this process will allow us to discuss the bill's provisions for upholding religious freedom. I want to assure my constituents that the government has done all it can to protect and uphold these rights, and I am confident to move forward on this important issue.
One of the greatest challenges of being a member of Parliament is facilitating an agreement between groups with seemingly opposing points of view, all of which are fighting for the best interests of those concerned. This is the essence of democracy and the beauty of the Canadian way. We are a country that is defined by a plurality of cultures, beliefs and ideas, a country that has entrenched the principle of equality in our constitution and a country that is guided by these values.
It is my responsibility to uphold the Charter of Rights and Freedoms in my work on behalf of the people of West Nova and all Canadians.
The charter states explicitly, “every individual is equal before and under the law”. Each and every Canadian, regardless of sexual orientation, has the right to equal protection and equal benefit of the law. The legislation would respect and defend the rights of all Canadians. We cannot be indiscriminate in our use of the law, choosing to protect the rights of some groups and failing to protect the rights of others.
Furthermore, we must abide by the charter to protect the rights of minority groups. One example that has been cited by my colleagues effectively demonstrates the progress that has been made to advance equality in the country. Until 1929, women were not considered persons under the law and were denied the right to vote. The Persons case is an example of the efforts of Canadians to achieve equality and justice for a group that was not formally recognized under the law. Times have changed, our beliefs have evolved and our laws must reflect significant changes in Canadian society, otherwise we undermine the values of our entire system.
Bill C-38 is based on draft legislation that was referred to the Supreme Court of Canada on July 17, 2003. In December the court expressed that the matter of fundamental equality under the Charter of Rights of Freedoms, same sex couples have the same right to civil marriage as do opposite sex couples.
The reference to the court reflects the government's view that we must allow for the broadest discussion possible, especially since we are talking about a proposed change to a significant social institution. Ultimately, Parliament has the final say on the issue, but the ruling of the court has determined the legal parameters by which our discussions must be guided and has ultimately allowed for a fully informed debate in the House.
We must agree, understand and express to Canadians that the only way we can do it in a meaningful way is to use the notwithstanding clause, if that is what we choose to do.
In my opinion, it is not a matter of using the notwithstanding clause to take away or diminish the rights of any individual but rather to uphold rights.
Many Canadians argue that we should, instead, pursue the option of civil union. However the Supreme Court recognized same sex civil marriage as constitutional and declared “civil unions are relationships short of marriage”. While civil unions would allow same sex couples many of the rights of a wedded couple, it is not marriage and is therefore less than equal. Only equal access to civil marriage will fully comply with charter equality guarantees.
The Supreme Court's ruling mirrored court decisions in Ontario, British Columbia, Quebec, Manitoba, Nova Scotia, Saskatchewan and Yukon. In these provinces and territories, the highest courts ruled that restricting civil marriage to opposite sex couples was unconstitutional under the equality provisions of the charter.
Therefore, Bill C-38 would make universal across Canada a right that is already accepted as law in eight jurisdictions, including Nova Scotia.
On September 24, 2003, Justice Heather Robertson of the Supreme Court of Nova Scotia ruled that the current law governing marriage in the province was unconstitutional and changed the common law definition of marriage to the lawful union of two persons to the exclusion of all others. This ruling has not been challenged. It has been 18 months and Nova Scotia has had no social upheaval , no change to the family and men are not becoming pregnant.
As a result of the court's ruling, the government moved forward and introduced the civil marriage act in the House. A non-marriage option, such as a civil union, would eventually be overturned by the court. Where we stand, we can either proceed with what we believe to be just and equitable or we can overrule the courts by using the notwithstanding clause and continue to do this every five years.
The Prime Minister has clearly stated that he will not use the notwithstanding clause. He will not deny Canadians their charter rights because we have worked too hard to build a modern, progressive nation that is respected around the world. We will never achieve a tolerant, inclusive society if we fall back on our values. This government believes in the charter and we will do all we can to defend it.
As I mentioned in my opening statement, my work as a member of Parliament is guided by our Constitution, of which the Charter of Rights is an integral part. I believe in the equality rights of Canadians and I want to ensure that this legislation fully protects the rights and freedoms of our religious institutions.
Of those who oppose Bill C-38, many do so in accordance with their religious beliefs and are fearful that the new bill may trump the rights of religious officials and institutions. I respect the opinion of those who oppose this legislation for religious reasons. We hold diversity in the highest regard and respect and tolerance are the glue that binds Canadian society. Out of respect for my constituents and for the position that I hold, I want to be certain that this legislation will uphold religious freedom.
In its response to the government, the Supreme Court declared “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”. The government has stated, explicitly, that Bill C-38 respects the charter.
The Government of Canada is guided by the Constitution and the charter, and the church is guided by beliefs in tradition. The government's proposed legislation is about civil marriage as a legal institution and not religious marriage. To reiterate, the bill provides for equal access to civil marriage and preserves the rights of churches to decide who has access to religious marriage.
Therefore we have a guarantee that the bill would not affect religious freedoms and that no church, synagogue, mosque or temple can be forced to perform a marriage that goes against its religious beliefs. However we cannot stop there. We need to look beyond the guarantees and to consider the practical implications of this legislation.
Canadians want assurances that religious freedom will be protected. There is the concern that religious groups will be forced to rent spaces for the celebration of same sex marriages. Currently there is a case before the B.C. human rights tribunal in which a lesbian couple is claiming discrimination against a Catholic organization over its refusal to rent out the hall for a marriage reception. Some religious groups fear that if Bill C-28 passes there will be many more such cases.
The government has acknowledged that most situations involving religious freedoms would fall within provincial or territorial human rights legislation. As such, the outcome would depend on the specifics of the case. However the Supreme Court was clear that religious freedom is fully protected by the charter and that human rights tribunals must also consider how to protect fundamental freedoms.
The Supreme Court has stated that this ruling applies to other concerns of religious groups, such as being forced to rent sacred spaces for the celebration of same marriages and religious officials being forced to celebrate civil marriages.
In conclusion, I must say that, as both an Acadian and a francophone, when I am asked to use the notwithstanding clause to take rights away, I cannot. I would do so if it was to preserve the rights of our religious institutions.
I encourage all members of this House to support this bill, if only to refer it to the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness, which will hear testimony from the general public.