Mr. Speaker, I welcome the opportunity to speak today to the matter off Bill C-38. I have made it clear in the course of debate that I personally support the traditional definition of marriage as being one man and one woman to the exclusion of all others.
Heterosexual marriage has a unique social purpose that other relationships simply do not share. This statement is based on information that the justice committee heard last year, describing the functions of marriage as a heterosexual institution in various contexts, legal, economic, social anthropological and historical. To fundamentally alter the nature and the function of heterosexual marriage is something that is simply not supported by the evidence.
We can all agree that the societal shifts that will results from the statutory recognition of marriage between two people of the same sex are potentially enormous. Even the most strident proponents of same sex marriage have acknowledged as much. As McGill scholar, Dr. Daniel Cere said in his committee testimony:
The proposal to delete heterosexuality from the definition of marriage will change the internal meaning of this institution...will inevitably affect the identity of those who are shaped and sustained by this institution.
Dr. Cere cautioned the committee in proceeding with the legislation for several reasons, but as an academic, Dr. Cere made the following point:
It seems odd for jurists to be forging ahead with legal reconfigurations of marriage at such an early stage of debate. In the academy there has been little in the way of substantive response to this new body of argumentation and advocacy. Critical evaluation will eventually come, but perhaps too late as courts and legislatures are pushed to move.
Recent polling numbers from multiple national polling firms suggest that two-thirds of Canadians do not support redefining traditional marriage. The same Canadians however do, for the most part, support the legal recognition of same sex unions. This is precisely the reasonable compromise position that the Leader of the Opposition and the Conservative Party have taken. Yet the Prime Minister continues to attack our leader and our party, suggesting that somehow our refusal to endorse the government position is un-Canadian.
The current Liberal argument that this is purely a matter of human rights is, at best, one side of a legal opinion and, at worst, a cynical attempt to intimidate Canadians into supporting the government's legislation. For some to imply that those who believe otherwise are somehow not worthy of participating in the debate is an insult to Canadians and to Canadian values.
By refusing to appeal the lower court decisions on same sex marriage, the Liberal government irresponsibly set up the stage for the domino effect of the subsequent lower court rulings and the patchwork of laws currently in place across the country.
The strategy of the Prime Minister was clear. His strategy was simply to get the marriage question off the agenda during last year's election. However, his secondary strategy of asking the appointed judiciary to determine the future of marriage in Canada and therefore allow the Liberal Party to escape political responsibility for their policy choice in this respect was a decided failure.
Last December, the issue of marriage was unceremoniously dumped back into the lap of the government. The Supreme Court of Canada refused to be played for a political fool on this issue and refused to declare the traditional definition of marriage unconstitutional. While Liberal MPs continue to perpetuate the myth that the Supreme Court has ruled on the constitutionality of traditional marriage, it quite clearly has done no such thing.
Because the Supreme Court of Canada has not ruled that the traditional definition of marriage is unconstitutional, there is no need to use the notwithstanding clause to override any such decision. Therefore, the Conservative Party intends to legislate, for the first time, the traditional definition of marriage and, at the same time, move to provide legal recognition for those in same sex unions. This will be done on the basis of a free vote, unlike the broken promise of the Prime Minister.
However, what if there is a majority of members in the House who mistakenly vote to change the definition of marriage? We in the Conservative Party are committed to bringing forward amendments to protect religious freedom insofar as it is possible from the perspective of federal legislation.
One issue that must be addressed is the fact that the Minister of Justice has simply recycled an unconstitutional provision to protect religious freedom. Let me be perfectly clear. There are absolutely no legal protections in the bill for freedom of religion or freedom of conscience. Whether this provision was intended to be simply declaratory or not, the one thing that the Supreme Court of Canada has been absolutely clear about in the reference is that the provision that the Liberals are putting into the bill is unconstitutional beyond the jurisdiction of the federal government to enact.
The Prime Minister continues to promise that he will invoke the notwithstanding clause to protect religious freedom for clergy. The notwithstanding clause cannot be used to give the federal government authority to legislate in provincial matters where it has no such authority. Again, another empty promise by the Prime Minister.
On three counts, the government has sought to mislead Canadian citizens. First, that the Supreme Court of Canada has in fact determined the definition of marriage when it has done no such thing. Second, it has also misled Canadians on the fact that the provision on religious freedom protects religious freedoms. Third, the Prime Minister has misled Canadians in saying that he will use the notwithstanding clause to protect religious freedoms when he in fact knows that it is beyond his jurisdiction to do that.
This is all in the context of the Deputy Prime Minister along with the Prime Minister, the former prime minister, the former minister of justice who initiated this legislation and the majority of the Liberal caucus all voted in 1999 in favour of taking all necessary steps to retain the traditional definition of marriage. Yet they did not even take the minimum steps necessary to appeal the decision. They have broken their word to Canadians in the past and there is no reason to believe on their past record that they will take any steps to protect religious freedom in this country.
As I have stated before on previous occasions, while there are individual exceptions, there has been a consistent pattern of equality rights prevailing over the rights of religious freedom and conscience, both in charter cases and cases brought before human rights tribunals. Furthermore, this proposed change is continuing to have a chilling effect on the exercise of religious freedom in the country.
Last month I received an e-mail from a person who conducts a marriage class as part of a church organization. This person was frightened to put the course on because if she advertised the course in the community as a course on marriage, given that the church's position was in support of the traditional definition of marriage, she feared the church would be brought in front of the Human Rights Commission if the course did not admit a homosexual couple. Given the current human rights decisions in this country, she is absolutely right in her concern.
Provided that the exercise of religious freedom remains within the four corners of the church and its immediate membership, then we could have religious freedom in the country, that is if we remain in a religious ghetto. However, if there is a broader appeal to the community, then we are in danger of running afoul of our human rights laws.
For the government to suggest that somehow, as its ministers have done, that those with religious beliefs or that religious organizations have no place in social policy debates, reflects a disturbing trend that is not dissimilar from the totalitarian regimes that many Canadians and their families fled in coming to this country.
I recall specifically the statement of the Minister of Foreign Affairs who basically said that there was no place for the church and religious organizations in the public debate on same sex marriage. This is simply unacceptable. The concept of the separation of church and state is to protect religion, not to allow the state to coerce religious organizations.
I ask members to think very clearly and carefully about this bill that poses so many dangers and risks to the real practice of freedom and real human rights in this country.