House of Commons Hansard #123 of the 38th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was religious.

Topics

Civil Marriage ActGovernment Orders

10:55 p.m.

The Speaker

I am sure the hon. member is getting back to the topic, but I must say that in the debate tonight we have heard a lot about other bills and the application of time allocation on them. While I am sure the hon. parliamentary secretary has his mind on Bill C-38, he has wandered off briefly to describe something else and I know he will be back to the topic before the end of his remarks in one minute's time.

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10:55 p.m.

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Thank you for your generosity, Mr. Speaker. I only have a minute left so I will encapsulate. At the end of the day, as a loving, compassionate, kind society where tolerance is the signature of Canadians, I think that on this bill, as difficult as it is for some people to embrace, perhaps they ought to embrace it as a way to spread the notion of love, commitment and caring and the expression of love, understanding and tolerance.

I think that at the end of the day the members who oppose this will find 10 years down the line that this has not been a threat to their families or their relationships. They will find that this has not been a threat to their children. They will find that in fact the bill will actually have improved our society and strengthened it in ways that they probably cannot begin to imagine.

I hope that at the end of the day they will look forward to a loving, more caring and tolerant society, one that I am sure we would all support. I think we would agree that it is the signature of our beautiful country, one that we all should be doing more to accomplish.

Civil Marriage ActGovernment Orders

10:55 p.m.

Conservative

Randy White Conservative Abbotsford, BC

Mr. Speaker, most people on this side in particular understand clearly that this is a political issue and not a charter or constitutional issue.

I would like to ask the member opposite what organization he thinks has the prime jurisdiction over legislation in this country. Is it the House of Commons or the lower or the supreme courts? If it is the House of Commons, I wonder if he would comment on the reasonableness of the Liberals in particular or the NDP basically telling their members how to vote, particularly Liberal cabinet members and so on.

If this is truly a democratic issue, is it reasonable, then, on such an important issue to tell members how to vote rather than have those members speaking up for their own organizations and constituents?

First, in the member's mind, who has that jurisdiction? Is it the courts or Parliament? If it is Parliament, should not everyone on an issue such as this have the right to a free vote? Could he address that fact?

Civil Marriage ActGovernment Orders

10:55 p.m.

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Mr. Speaker, there are actually two issues that the hon. member mentioned. One is the issue of which group in our society actually makes the laws. Of course it is Parliament, the institution we are sitting in today.

However, courts do make decisions. As the member knows full well, there is a way for Parliament to actually overturn them, that is, with the use of the notwithstanding clause.

For those who oppose this bill, which basically means the Conservative Party members in this House, it is their right to do so, but if they truly want to oppose this, if they mean it, they have to stand up in the House today and say that they are going to use the notwithstanding clause if they are in government.

That, by law, is the only way in which this issue can be changed in the manner they want, but have we heard them offer this up as a solution? No, we have not. If this is a political issue on the part of the members of the Conservative Party, if they truly want to do this, I challenge them to say that they are going to use the notwithstanding clause. That is the law.

On the issue of the three line whip structure, when the current Prime Minister came into power, part of the democratization of the House he wanted was to change the way in which voting took place. For the first time in the history of the House, a three line whip structure, such as that which Prime Minister Blair has started in the United Kingdom, was adopted in this House, at least on this side. That is a far cry from what existed in previous decades, where such a three line whip structure did not occur. My colleagues from this side of the House and behind do indeed have a true free vote, because this is a two line whip structure and they can vote for or against the bill. In fact, we have seen this exercised at second reading.

The members from the other side know full well that members of the government have voted for and against the bill by virtue of their conscience and by virtue of what their constituents wanted them to do.

Again, I challenge the member from the other side. If the members of the Conservative Party want to oppose the bill, then let them stand and say that they are going to use the notwithstanding clause. If not, they should vote for it and go home.

Civil Marriage ActGovernment Orders

11 p.m.

The Speaker

A brief question from the hon. member for Calgary Northeast.

Civil Marriage ActGovernment Orders

11 p.m.

Conservative

Art Hanger Conservative Calgary Northeast, AB

Mr. Speaker, most of us on this side know this member quite well. He spent about 10 years as a Conservative.

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11 p.m.

An hon. member

Then he saw the light.

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11 p.m.

Conservative

Art Hanger Conservative Calgary Northeast, AB

He saw some light, but I do not know what the light was. I am still trying to figure out what it was. He seems to be much more comfortable over on that side. He seems to be able to live with the inconsistencies that only a Liberal can have. I am going to give an example of one and then I would like a comment from the member.

These words are from a statement made by the Deputy Prime Minister back in 1999:

I am aware, as are other members, that the recent court decisions and the resulting media coverage have raised concerns around the issue of same sex partners. It appears that the hon. member believes 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.

I fundamentally do not believe--

Civil Marriage ActGovernment Orders

11 p.m.

The Speaker

I think the hon. member for Calgary Northeast has posed his question. We are running out of time. We will have a very brief response from the parliamentary secretary.

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11 p.m.

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Mr. Speaker, I want to correct the member very clearly. The Government of Canada did not legalize same sex marriage in Canada. It is already legal in eight provinces and one territory, and if this bill does not pass, the next day it will still be legal in eight provinces and one territory. Those members must wake up: this is the reality.

If the members on the other side want to oppose this, they have to stand up and use the notwithstanding clause. Unless they are willing to do that, then they have to say the Government of Canada is doing the right thing by ensuring that we have some sense of homogeneity in this country and that marriage for same sex couples will be legal and--

Civil Marriage ActGovernment Orders

11 p.m.

The Speaker

Resuming debate, the hon. member for Winnipeg Centre.

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11:05 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, thank you for recognizing me in these final moments of this stage of the debate on Bill C-38. I was watching the debate from the comfort of my office and noticed by the tone and the content of some of the comments being made by the members opposite that they might benefit from one simple point of view. I rushed over here to share that with them.

The message to them is simply this. If they do not support same sex marriage, they should not marry somebody of the same sex. They should marry somebody of the opposite sex. Then everyone would be happy and they would have less to be so cantankerous about. That is my simple advice. If they do not support same sex marriage, they should not marry somebody of the same sex. It really is quite simple.

There is another point that I wanted to share. It just came over the wire recently while I was in my office. It is a press release from the United Church of Canada. It was released today. The heading states, “United Church of Canada urges Parliament to vote in favour of same-sex marriage”. It reads:

In a statement released today, The United Church has called on the Canadian government to move in a timely way to end the debate on Bill C-38 and to vote in favour of same-sex marriage legislation.

“Marriage will be enhanced, not diminished, religious freedom will be protected, not threatened, and Canadian society will be strengthened, not weakened, as a result of this legislation”...

That was said by the chair of the justice, global and ecumenical relations unit of the United Church of Canada.

I ask my colleagues, whose points have been raised in at least a quasi-religious context, to please take note of this message from the United Church of Canada today.

The church goes on to say that:

further rancorous debate over this issue will only serve to polarize positions rather than contribute to building a strong civil society based on the values of inclusion, diversity, mutual respect and fairness.

These are strong sentiments coming from the leaders of the United Church of Canada, who have been watching, I can imagine, with the same sort of dismay that we all share when we see some of the points made today.

I think there is benefit in reading for members this viewpoint from the United Church. The chair of the justice, global and ecumenical relations unit said:

“Religious marriage is not and cannot be affected by this proposed legislation”...He says all religious communities in Canada, whatever their views on same-sex marriage, have the absolute right to determine for themselves who will be eligible for religious marriage within their communities.

Perhaps that gives some comfort to my colleagues, who are clearly upset about the advent of Bill C-38. The United Church also believes that:

the protection for conscientious objection to performing same-sex marriages, which is provided by the Charter and affirmed in the proposed legislation, does not conflict with the right of same sex-couples to marry.

“The enactment of the proposed legislation means that same-sex couples will be able to obtain civil marriage,” explains [the chair of the committee]. He adds that while same-sex couples may not be able to obtain religious marriage, depending on the views of a particular faith community, that is also the case for many other couples such as interfaith couples.

In the case of my own parents, the Catholic church would not marry my parents in the Catholic church because my father was about to marry a heathen Protestant, and the Catholic church would not have it at the time. It was not a charter issue. It was matter of religious freedom. They got married elsewhere.

I wanted to raise this matter tonight. I was not going to enter into the debate, but when this came across my fax machine just one hour ago I felt it necessary to share this because I thought it might bring some comfort to my colleagues, who are clearly not comfortable yet with what is going on today.

The closing line of the press release is particularly powerful. It states:

Freedom of religion does not trump equality, nor does equality trump freedom of religion; the rights must co-exist.

That is the balance we seek today. That is what we strive to achieve: to balance these competing interests. I do not view them as competing interests, but some do. One does not trump the other. They can and do and will co-exist and make our society stronger, not weaker.

Nothing about allowing same sex couples to marry diminishes in any way my heterosexual marriage. Equality is not some finite pie, that if we give more to one group, the other group has to do with less. In fact, my rights grow as they are extended to others. Freedom is only privilege extended until it is enjoyed by everyone. These are the basic fundamental concepts we are dealing with tonight.

I note that people have mobilized around the country on this issue. I wish they would mobilize about issues such as child poverty or global warming with the same degree of passion that they bring to this debate. However, from my point of view, I do not feel threatened when loving couples want to have their commitment to each other ratified and confirmed by an institution like the state of marriage. Others should not feel threatened by that either.

We should take some guidance from the United Church when it says also that it believes the protection for conscientious objection it guarantees, which is provided by the charter and affirmed by the proposed legislation, will not conflict with the right of same sex couples to marry.

These are important principles. I hope that this has some calming influence on my colleagues. Maybe they will sleep better tonight when they know that one of the major religious institutions of the country is urging Parliament to vote in favour of same sex marriage. It is calling upon the Canadian government to move in a timely fashion to end the debate on Bill C-38, which is what we did only an hour earlier when we voted to limit the amount of time we commit to this, and urging again for all members of Parliament to vote in favour of the same sex marriage legislation.

If that is useful to my colleagues, I offer that as providing some comfort to them. If they have any questions, I would be happy to expand on it. I will reiterate one last time that those who do not support same sex marriage should not marry somebody of the same sex, and then perhaps they will not be so conflicted with what is going on today. They should marry somebody of the opposite sex.

Civil Marriage ActGovernment Orders

11:10 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

Mr. Speaker, I appreciate the member's reading a fax, but I do not base my decision on how I should vote on one fax. By all means, the no democratic party probably should do that.

Very quickly, I would like to offer, since we have been challenged by the minister of misinformation, that the entire concept of the notwithstanding clause is completely irrelevant simply because there is no reason to discuss the notwithstanding clause.

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11:10 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, on a point of order, there is no minister of misinformation.

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11:10 p.m.

The Speaker

The hon. member for Cambridge may want to clarify the point. I was not sure who it was. I thought it was some fictitious character.

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11:10 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

I apologize, Mr. Speaker. The fact is that there is simply no reason to discuss the use of the notwithstanding clause in the absence of a Supreme Court decision which indicates that the traditional definition of marriage is unconstitutional, and the Supreme Court has not done that. I will repeat it very slowly, it has not done that.

Let us say that it did, because it did make rulings. For example, the Supreme Court decision in the Daviault case, which allowed extreme intoxication to be used as a defence, was reversed by Parliament. It was reversed in 1995 under the Liberal government, I might add. In 1996 it also--

Civil Marriage ActGovernment Orders

11:10 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, as we are running out of time in the debate, my only concern is that the question the member seems to be asking seems to be directed to the previous speaker and not to me. I would very much like the opportunity to answer any questions he may have about the speech that I made.

Civil Marriage ActGovernment Orders

11:10 p.m.

The Speaker

The hon. member is absolutely right, and I am afraid we have run out of time now.

It being 11:14 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the report stage of the bill now before the House.

The first question is on Motion No. 1. Is it the pleasure of the House to adopt the motion?

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11:10 p.m.

Some hon. members

Agreed.

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11:10 p.m.

Some hon. members

No.

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11:10 p.m.

The Speaker

All those in favour of the motion will please say yea.

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11:10 p.m.

Some hon. members

Yea.

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11:10 p.m.

The Speaker

All those opposed will please say nay.

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11:10 p.m.

Some hon. members

Nay.

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11:10 p.m.

The Speaker

In my opinion the nays have it.

And more than five members having risen: