Mr. Speaker, I am pleased again to speak to Bill C-38. I had an opportunity to speak on the amendment which, unfortunately, was defeated. I think the vote on that particular amendment, which was that the bill not pass a second time, showed that this House is divided. Indeed, Canadians are divided on this question.
There have been some very eloquent speeches about the issue of granting marriage. I know in my own speech I spent a fair bit of time talking about the charter and how important the charter was, and reviewing cases up to the Ontario Halpern decision in which something had changed.
Up until that time the courts had ruled that section 15 of the equality provisions of the charter were in fact being infringed, and under a section 1 analysis, which permits infringements of some of the charter provisions, it dealt with it on the basis of whether it was demonstrably justified in a free and democratic society. It was not until the Halpern decision that the courts started to focus in on marriage as an institution. Unfortunately, the panel of three looked at marriage in a very mechanical way.
The court said that marriage as an institution was a declining institution. It pointed out that marriage breakdown or divorce was very prevalent and that obviously society at large was not very much interested in the institution of marriage.
The court also went on to look at the number of people who are seeking common law relationships rather than married relationships. That again is a precise indication that marriage as an institution is a declining institution. Those numbers are continuing to rise. Indeed, Statistics Canada has projected that the number of common law relationships on the current trend line will in fact exceed married relationships within about 10 years.
As an institution marriage has come under attack. I know that many members are quite concerned about the social tendencies. The court went even further. The argument about children in marriage has been a matter which has been debated in this place substantively. The court basically said that there are situations where people can rely on reproductive technologies for instance to have children. There can be artificial insemination, in vitro fertilization and adoption. In fact, a same sex couple can indeed have a child from a previous heterosexual relationship. The existence of children within a same sex couple is not necessarily unusual.
The court literally trashed the institution of marriage as having relevance. The court basically said, under the section 1 analysis of the infringement, that it was no longer a reasonably justified infringement on the equality provisions and that the definition of marriage was indeed contrary to the charter.
Here is where we are now. There is the Ontario court decision and then there were these copycat decisions in other provincial jurisdictions. Here we are in Parliament and I have heard petitions day after day reflecting what Canadians wanted to hear from parliamentarians. It was that the definition of marriage is in fact the responsibility of the Parliament of Canada. Parliament is still the highest court in the land, even above the Supreme Court of Canada. We now have this instrument in Bill C-38.
I find Bill C-38 a very peculiar bill. It is a bill which includes a variety of whereases. As well all know, the courts have indicated that whereases have absolutely no basis in terms of law.
There also is a clause in there which makes some peculiar reference to religious freedoms being protected. If we took everything away and left that one clause in, it absolutely has no result or consequences. The responsibilities vis-à-vis solemnization of marriage are, according to the Supreme Court decision ultra vires, a responsibility of the provinces not of the federal government. To have a statement recognizing that the solemnization of marriage is going to be taken care of is not within the jurisdiction of the Government of Canada. In fact, clause 3 has absolutely no relevance whatsoever in the legislation.
Ultimately, if we take out all the whereases and we take out clause 3, which has absolutely nothing to do with anything, we are left with one line and it says that marriage is the union of two persons. Bill C-38 is all about that. If we take the definition of marriage and we reduce it down to the union of two persons, it has no distinctiveness whatsoever. It has absolutely no defining characteristics. The debate has been about this. What are the defining characteristics?
We know what it is throughout history. We know that marriage pre-existed even religions. It is an institution which historically has been viewed as an institution which fosters an environment for the fundamental responsibility of all species, and that is to survive, to procreate. Marriage is that institution which has played this role. It has given people hope. It is why young people now are flocking back to marriage, and the numbers are changing. They see this as a stable institution.
We have had so many debates in this place about problems of domestic violence, poverty and problems in other social areas. The conclusion in all of those debates and all the research have been that the basic unit of society, the family, mothers and fathers, the children with the biological mother and father is the safest place for children and for women. It is the most nurturing environment to ensure that healthy, well-adjusted children are raised in our society. This is a good thing.
When we go through this debate, how often have members who want to defend the traditional definition of marriage been characterized as being homophobic? I believe we have to remind people that one can be for something without being against something else.
There are many people here who have absolutely no problem with homosexual couples having relationships and considering other forms of it. However, to say that it has no impact, that it will not change anything, from my standpoint, the member for Mississauga South, the bill is an affront to me. It is an affront to my religious beliefs. It is an affront to the holy books of virtually every mainstream religion, of which I know, dealing with the institution of marriage. It is something that is so sacred to so many people across Canada.
With such a divisive issue, why, when we have so many people across the country who are upset about this, should we have a bill that will not be sensitive to those needs? We did not look for an opportunity to have some sort of compromise. The bill did not look at civil unions. Many people feel that is a reasonable compromise.
However, marriage is an institution which has a history. It has a tradition. It has a purpose. It is known. It is respected. What we are going to do now is take that tradition, that institution, and we are going to reduce it down to something as simple as a union of two people. How bizarre, how unfortunate and how sad for Canada.
This is not a good bill. It is a bad bill and it should be defeated.
I know most of the members in this place. I have a great deal of respect for this place and a great deal of respect for the members who have put themselves forward in public office to do the best job they can.
I do not know how all this will work out, but I want Canadians to know that all the people in this place who have fought so very hard to defend the traditional definition of marriage have done so in favour of the traditional definition of marriage and not against some other lifestyle choices. There is a high degree of respect and integrity in this place and I am very proud to be here.