Mr. Speaker, I am pleased to take part in this debate today on Bill C-38, the civil marriage act.
This is clearly an issue of equality of minority rights under the charter. I have been very clear and consistent with my constituents on this issue. It is an issue that was around prior to the last election. In the course of that campaign, at all candidate meetings and other meetings that I specifically arranged, such as with the Knights of Columbus in my home town of Penetanguishene, I made sure I explained to them, prior to casting their votes, that I would be supporting any legislation that came forward after the Supreme Court reference dealing with this issue and treating it strictly as an equality issue and minority rights issue in defence of our charter.
First, I would like to go over a bit of the history of the charter and how it came to pass. We often hear concern that the courts are governing the country through judicial activism. In fact, the courts are only exercising the authority given to them by Parliament to interpret certain provisions of the charter. We have to remember that and consider it as a basic exercise in democratic will when the Parliament of Canada passes a charter and then puts in a strong independent judiciary to protect basic freedoms and rights from the whims of partisan politics.
As time passes, parties come and go with different perspectives, but our basic fundamental rights and freedoms remain. They need to be protected in an independent fashion and that was the thinking of Parliament at the time the charter was passed.
We now have a manifestation of the implementation of the charter. It states that every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination. On the issue of same sex marriages from the civil perspective, that is what this legislation is intending to do.
The reference to the Supreme Court that I mentioned previously also had a question dealing with another provision of the charter, that being freedom of religion. The reference, in the opinion of the Supreme Court, does in fact confirm that the churches will remain and retain the right to marry couples that are in conformity with their religious beliefs and would not be compelled in a religious ceremony to marry couples that they feel is not appropriate for religious purposes.
We hear concerns being expressed from time to time about the sanctity of marriage being put in issue by having a law that civilly recognizes same sex marriages. I suggest that it is very clear that the sanctity of marriage is that which comes from the religious ceremony and religious perspective and the churches are being fully protected in making those decisions.
We hear concern about the fact that churches will not be protected, that they will be obliged to perform ceremonies with which they disagree. All I can do is refer to my church, the Roman Catholic church, which had and still has the policy of non-ordination of women. We know that women have been declared equal in every facet of our society. The equality provisions of the charter apply fully to women, yet no one has ever brought a court application to compel the Roman Catholic church or any other church that does not ordain women because of section 2 of the charter which says that under the freedom of religion provisions it is in the domain of churches to make the decision as to who they ordain and who they do not.
That was an example of the assurances people should have. The courts will recognize the freedom of religion provisions in the charter and ensure they can function in conformity with their religious beliefs.
The civil side is another matter. The charter and the courts have interpreted that to mean that our society must allow complete equality and not a separate category of civil union.
When I speak with my constituents I frequently refer to the civil remedy of divorce. If we are concerned about the institution of marriage, then we should be concerned about the real threat to marriage, which is the civil remedy of divorce, which has existed for quite some time. It is recognized by some churches but not by others. Some churches will remarry divorced people and other churches will not and yet society has found a way to function. People have the opportunity to belong to the church that conforms with their personal view vis-à-vis the civil remedy of divorce. I equate that to civil marriage as opposed to religious marriage. It is up to the individual to seek the type of marriage, whether it is a civil marriage or a religious marriage, in accordance with their personal beliefs.
Some people have proposed that the notwithstanding clause be used to overturn the court decisions that have found it unconstitutional or against the charter to deny civil marriage to same sex couples. The notwithstanding clause is there to protect rights. I agree with the Prime Minister when he said that the notwithstanding clause was something that he would consider using to protect the churches' right to refuse to marry same sex couples if ever the courts were to determine that they should be forced to marry them but that it should never be used to remove the rights of same sex couples to have access to our civil institutions like everyone else.
I have another concern.
I am a member of the franco-Ontarian linguistic minority. If we can successfully make the argument to set aside the charter on the issue of civil marriage because it is a moral rather than a legal question then, in the case of minority language rights, we could suggest dropping official languages policies in this country because they are too expensive. It is a question of savings. That is the risk.
I believe it is very important always to defend the charter since it is there to defend everyone in our society. That is the issue.
One of the reasons I ran for Parliament was that I could see the challenges to the charter coming. During the vote on the opposition day motion in 1999, I was one of the 55 members of Parliament who voted against the preservation of the traditional definition of marriage. I saw it then and I see it now as an attack on the charter.
For those reasons I am pleased to say that I will be supporting Bill C-38.