Mr. Speaker, Bill C-38 creates a major change in the social and cultural values of our nation. It redefines marriage. It challenges the religious and moral beliefs of our religious organizations.
As legislators, we are attempting not only to change laws, but to rewrite dictionaries. The Collins Concise Dictionary & Thesaurus , for example, describes marriage as “the state or relationship of being husband and wife”, or “the legal union or contract made by a man and a woman to live as husband and wife, or the religious or legal ceremony formalizing the union”.
The British North America Act 1867 that structured Canadian laws, states in section 91, subsection 26, that marriage and divorce are the exclusive legislative authority of the Parliament of Canada. However, section 92, subsection 12 states that each province may exclusively make laws dealing with the solemnization of marriage.
The question is who can define marriage?
In 1982 the Canadian government adopted a Charter of Rights and Freedoms. Section 15(1) states:
Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
The interpretation of this section has been a matter of contention both in the debates to place it in the charter and since 1982 in demanding rights and benefits. It should be pointed out that most of these terms describe very public and highly visible characteristics that could be the subject of discrimination.
Such is not the case with the new arguments based on sexual orientation. The architects of the British North America Act and the legislators in 1982 did not acknowledge this concept. In fact, for many years after 1867, same sex activities were perceived as unnatural and sometimes and often illegal.
Today we have a more understanding attitude toward those who favour or love people of the same sex. Nevertheless, one's sexual preferences are not necessarily a discernible characteristic and we have no justification or reason to intrude into one's private behaviour. Yet we have people of the same sex desiring to undertake legal contracts which they describe as marriage.
The case of Egan v. Canada was decided in 1995 by a very close vote of the Supreme Court, by a vote of 5 to 4. Through this decision the Supreme Court declared that spousal benefits under the old age security legislation should be extended to people of the same sex.
Since 1995, same sex relationships have benefited from this ruling. Pension benefits, compassionate leaves and health care arrangements have been extended to those who have same sex relationships.
At the same time, Egale and others have demanded a formal recognition of these relationships and nothing short of the term of marriage has been deemed acceptable by this group. Through its efforts, three judges from Toronto decided that two people of the same sex could be married. Ontario and six other provinces have supported the concept of same sex marriage.
As legislators, we must be disappointed that these three judges showed contempt for Parliament as they ignored the fact that this Parliament, through the work of the Standing Committee on Justice, was conducting extensive hearings and was preparing a report to this House on marriage and relationships. They also ignored a very important motion that was accepted by the House in 1999 that defined marriage as a relationship between a man and a woman. Many who voted to support this concept in 1999 are yet members of the House.
What is marriage? To many Canadians it is a sacrament. This bill transcends the understanding that our society and that from most corners of the globe has on marriage. It casts aside moral and social values that have existed for centuries.
Does this justification of this new definition infringe on our religious groups who have traditionally been responsible? Is our state infringing on the domain of our religious leaders? Many would reply in the affirmative.
From the volume of petitions, letters, cards, e-mails and telephone calls, we must recognize that many Canadians, probably a majority, are very upset with this legislation.
Each of us must answer very specific questions: What is marriage? What is its purpose? Who can or cannot become married?
Parliament reviewed the conditions of marriage in 1990. The parliamentary secretary referred to this when he offered scientific and genetic reasons that prohibited certain marriages between a man and his sister or a father and his daughter.
Bill C-38 explains that persons related lineally or as brother or sister should not and could not be married. Is this section of the bill reflecting scientific or moral judgments? It would appear to be the latter as there is little chance for persons of the same sex producing children from their own relationship.
On one hand, the drafters of this legislation had little concern for morality in planning for a new concept of marriage. However they had strong objections to other relationships that could be established for benefit purposes.
Marriage has been a time-honoured institution, with specific responsibilities, benefits, obligations and possible outcomes. Those who enter into this contract do so in a very legalized arrangement that demands a concern for the other's welfare and a responsibility to and for the children who could result from this physical union.
It is my belief that our Parliament should not alter the definition of marriage. If we are to redefine marriage, if we are to destroy this centuries old concept, we should adopt a form of civil union that would enable any two people, regardless of gender, with or without physical sex, to enter contractual arrangements to enable the signatories to rely on one another for responsibilities and benefits.
Bill C-38 would do little to enhance our society or to promote the values that strengthens its culture. I would urge all members to reject this bill and would encourage, also, those who are concerned with its outcome, to continue their efforts to see that they get their required result of this particular legislation.