Madam Speaker, I congratulate my colleague and all members on their remarks, for I think the tone of this debate has been one of respect and tolerance, which is extremely important. This is a debate that has generated and continues to generate deeply held feelings on both sides of the issue. It is a debate that needs to be approached first and foremost with that tolerance and respect I spoke of, for there is an incredible diversity of opinion on the matter.
I want to begin my remarks by stating categorically that I am not in favour of changing the definition of marriage. I have been clear and consistent in my statements in the past, and the record will reflect that position. I believe that marriage should remain the union of one man and one woman to the exclusion of all others, and that word should reflect that definition. Marriage is of course and never has been exclusively a form of relationship, or the critical ingredient, I should say, in describing what is a family relationship. Yet I also note that this is my view and it is a view that is not held by all people close to me. Colleagues, friends and loved ones may disagree, yet this debate has been reasoned and, I would suggest, at times dispassionate and on point.
In my view, we in the Conservative Party have done an admirable job in keeping that approach. We will be the only national party having a free vote. I celebrate the fact that our party has been so inclusive, tolerant and respectful. I believe that this is a symbol of professionalism, diversity, discipline and maturity within our caucus.
The key word in this debate, as I have said, is tolerance. While we accept that many may disagree when it comes to the definition of marriage, we must also be cognizant of the fact that we are talking about the lives of families, friends, neighbours and people in our communities. We must express respect for everyone's perspective even if that is a differently held view and one that we may adamantly oppose. Relationships are personal, complex and sacred and the basis upon which we interact. Naturally there will be diversity of opinion on the subject.
I can see both sides of the debate, one side that is based on equality in particular, with legal rights, privileges, responsibilities, benefits and obligations. We believe that they must be extended to all couples. Same sex couples of course must be included. On the other side, there is a deeply held belief that marriage is a fundamental social institution, not only recognized by law but sanctified by religious faith, and that any compromise in allowing same sex couples equal rights and benefits is in some way taking from that. I do not accept that argument, but I do certainly acknowledge that some feel that way.
I also very strongly believe that the real issue, and the issue that I believe we should focus on, is one of practical and meaningful equality under the law, not the semantics or the rhetoric or the inflammatory accusations that come to pass, but treating people the same under the law, with rights, responsibilities, privileges and protection, a level playing field under the law. I believe that most Canadians are looking for that position. They looking for a compromise and looking to Parliament to reflect that in its view.
This is not the first time that we have had this debate in the House of Commons. In fact, I remind members of a supply day motion brought forward by the official opposition on Tuesday, June 8, 1999. That motion read:
That, in the opinion of this House, it is necessary, in light of public debate around recent court decisions, to state that marriage is and should remain the union of one man and one woman to the exclusion of all others, and that Parliament will take all necessary steps to preserve this definition of marriage in Canada.
I would also simply like to reflect some of the comments made by a previous speaker at that time and in that debate, a current member of the House. I believe they are relevant today, just as they were some few years ago. The comments are as follows:
We on this side [of the House] agree that the institution of marriage is a central and important institution in the lives of many Canadians. It plays an important part in all societies worldwide, second only to the fundamental importance of family to all of us.
The institution of marriage is of great importance to large numbers of Canadians, and the definition of marriage as found in the hon. member's motion is clear in law.
As stated in the motion, the definition of marriage is already clear in law. It is not found in a statute, but then not all law exists in statutes, and the law is no less binding and no less the law because it is found in the common law instead of in a statute.
The definition of marriage, which has been consistently applied in Canada, comes from an 1866 British case which holds that marriage is “the union of one man and one woman to the exclusion of all others”. That case and that definition are considered clear law by ordinary Canadians, by academics and by the courts. The courts have upheld the constitutionality of that definition.
The Ontario court, general division, recently upheld in Layland and Beaulne the definition of marriage. In that decision a majority of the court stated the following:
--unions of persons of the same sex are not “marriages”, because of the definition of marriage. The applicants are, in effect, seeking to use section 15 of the Charter to bring about a change in the definition of marriage. I do not think the Charter has that effect.
One may then ask why are we here today and why we are using the already limited time of the House to debate a motion, on which, I suspect, there will be no fundamental disagreement inside or outside the House.
I am aware, as are other ministers, that recent court decisions and resulting media coverage have raised concern around the issue of same sex partners. It appears that the hon. member believes that the motion is both necessary and effective as a means to keep the Government of Canada from suddenly legislating the legalization of same sex marriages. That kind of misunderstanding of the intention of the government should be corrected.
Let me state again for the record that the government has no intention of changing the definition of marriage or of legislating same sex marriages. No jurisdiction worldwide defines a legal marriage as existing between same sex partners. Even those few European countries such as Denmark, Norway and Holland, which have recently passed legislation giving recognition to same sex relationships and extending some of the same benefits and responsibilities as available to married spouses, maintain a clear distinction in the law between marriage and same sex registered partnerships.
Norway's ministry published a statement in 1994 that makes this distinction clear. Although a same sex relationship may have many of the same needs, the Norwegian government clarified that it, the same sex partnership, can --never be the same as marriage, neither socially nor from a religious point of view. (Registered partnership) does not replace or compete with heterosexual marriage--(and the) opportunity for homosexuals to register their partnerships will not lead to more people opting for homosexual relationships rather than marriage.
I fundamentally do not believe that it is necessary to change the definition of marriage in order to accommodate the equality issues around same sex partners which now face us as Canadians. The courts have ruled that some recognition must be given to the realities of unmarried cohabitation in terms of both opposite sex and same sex partners.
I strongly believe that the message to the government and to all Canadian governments from the Canadian public is a message of tolerance, fairness and respect for others.
For those who remain concerned, I would point out that recent surveys of young people indicate that marriage has not gone out of style inn Canada. The majority of young people still expect to marry. The marriage rate is still similar to that of the 1920s, although a rising number are re-marriages, and that Canadian marriages still on average last longer than those in the United States.
The motion speaks of taking all necessary steps to preserve the definition of marriage in Canada. While I and the government support the motion, I feel strongly that marriage is already very clear in Canadian minds and in Canadian law, and that there is little that the House must do as a necessary step to in any way add to the clarity of the law.
Marriage has fundamental value and importance to Canadians and we do not believe on this side of the House that importance and value is in any way threatened or undermined by others seeking to have their long term relationships recognized. I support the motion for maintaining the clear legal definition of marriage in Canada as the union of one man and one woman to the exclusion of all others.
As I noted, this particular speech given on Tuesday, June 8, 1999, was given to the House by a person none other than the Deputy Prime Minister of Canada, the hon. member for Edmonton Centre.
I want to note that in my constituency of Central Nova there are many who have strong and reasoned attachment to the institution of marriage. Communities like Antigonish, Pictou, Sheet Harbour and throughout the region and province feel very strongly and have expressed that to me. I must admit that I have received on occasion another opinion. I would state that up until now the courts have been interpreting a common law definition of marriage, not a definition based on statutes reflecting the democratic will of Parliament.
Once again, the question of parliamentary supremacy comes to the forefront. This dry and sanitized forum does not always reflect the true feelings of a nation. No public opinion poll or press release can capture those deeply held sentiments.
The Supreme Court refused to answer directly the constitutionality of the common law definition as posed by the Prime Minister in question four. That has been left for Parliament, and by extension the people of Canada, to decide.
Recently Canadians have become concerned about the appearance that courts encroach on the supremacy of Parliament and read into the law.
It is our belief that if Parliament brings forth a statute defining marriage as the union of one man and one woman to the exclusion of others, which extends equal rights and benefits to couples living in other forms of union and which also protects the freedom of religion, that the Supreme Court would honour and respect Parliament's determination.
In conclusion, I am sure that those rights will be challenged, as they always are before our courts, but I take comfort knowing that there has been a general tone of respect from all parliamentarians and I am at ease with my decision. Parliament is a better place when we conduct ourselves in that vein.