House of Commons Hansard #124 of the 38th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was religious.
The House resumed consideration of the motion that Bill C-38, An Act respecting certain aspects of legal capacity for marriage for civil purposes, be read the third time and passed.
Gord Brown Conservative Leeds—Grenville, ON
Mr. Speaker, I would seek unanimous consent to split my time with the member for Niagara West--Glanbrook.
Civil Marriage ActGovernment Orders
The Acting Speaker (Mr. Marcel Proulx)
The hon. member does not need unanimous consent to share his time at this time.
Gord Brown Conservative Leeds—Grenville, ON
Thank you, Mr. Speaker. I am pleased to stand in this House today and state my unequivocal opposition to Bill C-38.
I am in agreement with many of my colleagues on this issue, in that I support the traditional definition of marriage which is the union of one man and one woman to the exclusion of all others. I believe that all rights can be granted to same sex couples without the need to change this common law definition that stretches back to before Confederation and has helped define this great country for almost 138 years.
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 woman and one man to the exclusion of all others. I believe what the Conservative Party of Canada offers on this issue is a reasonable compromise.
My arguments will not concentrate on these issues. I merely wish to put it into perspective, so that we can compare it to the situation in which we currently find ourselves in this debate.
My discussions will centre on the process by which the government has been attempting to ram this legislation down the throats of Canadians by cloaking its arguments in the mantra of human rights. I want to speak today about the flaws in the process and the lack of accountability to the Canadian people and the method by which we stand here today when we should have been in our ridings having dialogue with our constituents.
There has not been a proper debate on this issue involving the people of Canada and there has not been a proper process followed to allow full debate by parliamentarians.
The government introduced this bill after insufficient public debate and rushed it through the House, and sent it to a committee that I happened to have sat on that in my view did not allow proper examination of witnesses. It was not the proper process. This was a committee that the government knew would discuss the bill quickly. It was designed to get this issue out of the way with little opportunity for debate, permitting no changes. We now find ourselves in extended sittings as we fully expected we would, and we fully expected the government to invoke closure, as it has. The government is shutting down debate. We are going to pass this piece of legislation that flies in the face of the history of our country.
Late in his mandate, the former Prime Minister sent a proposed piece of legislation to the Supreme Court of Canada for a ruling on human rights issues. The current Prime Minister added a clause to that proposed piece of legislation in an effort to hog-tie the court and Parliament. Of course, and thankfully, the court saw through that feeble attempt and made no ruling.
I have several problems with the actions of these two prime ministers. First, this is not a debate about human rights. It is a debate about politics and social policy. Therefore, it should be treated in a much different way from how it has been handled by the current and previous governments.
I and my colleagues, and indeed every person in this place, have been elected by Canadians to debate and decide issues of concern to this country and its people. Whether it is the civil marriage bill, budget bills, assistance for foreign countries, missile defence, assistance for our farmers or any number of other issues, we the elected members of Parliament have been chosen by the people of Canada to debate and ultimately decide the direction of this country.
If the party opposite believed that, it would have followed the accepted process for such issues as Bill C-38. That process would have involved some sort of public dialogue and arguments for and against. The government would have brought the issue before the House and it would never have gone to the Supreme Court of Canada first.
A proper process would have taken into consideration the decisions and wishes of a previous Parliament, a Parliament that included some of our current members, which determined that the only definition of marriage that is acceptable to Canadians is the traditional definition of marriage.
A proper process would have included statements by members of Parliament that they would do everything in their power to defend the traditional definition of marriage. It would have included statements by judges on the Supreme Court that defined and defended the traditional definition of marriage.
Let me offer some examples. In 1995 Supreme Court Justice Gérard La Forest, speaking on behalf of four judges in the majority in the Egan decision, wrote:
Marriage has from time immemorial been firmly grounded in our legal tradition, one that is itself a reflection of long-standing philosophical and religious traditions. But its ultimate raison d'être transcends all of these and is firmly anchored in the biological and social realities that heterosexual couples have the unique ability to procreate, that most children are the product of these relationships, and that they are generally cared for and nurtured by those who live in that relationship. In this sense, marriage is by nature heterosexual.
This statement remains the only commentary on the basic meaning of marriage in any Supreme Court decision and would have been included in any proper debate.
I will offer another example. This House, which at the time included the current Prime Minister, voted to uphold the traditional definition of marriage in 1999 and the amendments to Bill C-23 in 2000, with the Deputy Prime Minister, who was the then justice minister, leading the cause of the defence of marriage.
The following is what the Deputy Prime Minister said in 1999 in her eloquent defence of the traditional definition of marriage. She said:
We on this side 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 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.
We have also heard comments from our Minister of Immigration that are consistent with that.
If the bill had followed proper process, these parliamentary statements and the court decisions would have had to be factored into the formulation of any bill that upholds the rights of same sex couples.
There may have been, and rightly so, a referendum. After this type of proper debate, the government would then have presented a bill for first reading, second reading and a proper committee hearing. The proper committee for the bill would have been the justice committee, but instead of carrying out the correct process, the Liberals formed a special committee and then loaded it in their favour. They charged through committee hearings at a blistering pace that did not allow ordinary parliamentarians the time for proper research and questioning of witnesses.
The Liberal chair of the committee ruled suggested modifications by the Conservatives to be out of order and the committee swiftly sent this piece of legislation back to the House for debate and third reading.
As we witnessed last week, the government will stop at nothing and use any trick in the book to avoid proper debate and reach its own predetermined end.
As I prepared this speech I wondered if I would in fact be granted the time to present it here in this place. I wondered that because of what we witnessed last week. I and most Canadians expected the coalition government to barricade proper debate on the bill once again, as it has, and close the doors on this sad chapter in the history of this place.
We all know that if a free vote were allowed by all parties, where MPs could represent the wishes of their ridings, the legislation would fail. It is this lack of proper process and the lack of real democracy more than anything, that I am truly concerned with today. I also have a great deal of concern about the lack of protection of religious freedom and the strengthening of that protection against discrimination for religious beliefs.
At this time I would like to move an amendment. I move:
That the motion be amended by deleting all the words after the word “That” and substituting the following therefore:
Bill C-38, an act respecting certain aspects of legal capacity for marriage for civil purposes, be not now read a third time, but be referred back to the legislative committee for the purpose of reconsidering all of its clauses with the view to strengthen protection against discrimination for religious beliefs and that the legislative committee on Bill C-38 be reconstituted for the purpose of this reconsideration.
The House proceeded to the consideration of Bill S-18, an act to amend the Statistics Act, as reported (without amendment) from the committee.
Dominic LeBlanc LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Mr. Speaker, there have been consultations among all the parties. I particularly want to thank the member for Edmonton—Leduc, the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup and the member for Windsor West for their important work on this bill.
I think you would find unanimous consent for the following motion. I move:
That Bill S-18, an act to amend the Statistics Act, be deemed to have been concurred in at the report stage, read a third time and passed.
Statistics ActGovernment Orders
The Acting Speaker (Mr. Marcel Proulx)
Is it the pleasure of the House to adopt the motion?
Statistics ActGovernment Orders
Some hon. members
Agreed.
(Motion agreed to, bill concurred in, read the third time and passed)
The House resumed consideration of the motion that Bill C-38, An Act respecting certain aspects of legal capacity for marriage for civil purposes, be read the third time and passed, and of the amendment.
Paul Szabo Liberal Mississauga South, ON
Mr. Speaker, as the member knows, I also oppose Bill C-38. I believe that marriage is the legal union of one man and one woman to the exclusion of all others.
One of the important debates that took place on Bill C-38 had to do with the issue of whether this was a human rights issue on an equality basis. I wonder if the member would agree with the proposition that this is a matter of rights, but it is a matter of the rights of children and of families which have been ignored in this legislation by de-linking children from their parents.
Gord Brown Conservative Leeds—Grenville, ON
Mr. Speaker, the whole issue revolves around the rights of children. If we make marriage an adult-centred institution then we do so to the detriment of it being a children-centred institution. That is one of the many concerns I have about this legislation.
I talked about the process and I would like to go back to that for a second because it is another thing that I am greatly concerned about. In 2003, when the government had the opportunity to appeal the decision of the Ontario Supreme Court, it failed to do so. Despicable things went on in the committee. Liberal members of the committee hid in the hall, refusing to allow a quorum to address that question. It is a really sad state of affairs that our country is now in this state.
If Bill C-38 is such a great bill and such a great concept, why would we not allow proper debate, discussion and opportunity? If it were so good there would have been no need for the games and no need for this underhanded process to sneak the bill through Parliament.
Keith Martin LiberalParliamentary Secretary to the Minister of National Defence
Mr. Speaker, I listened intently to the hon. member's comments and there were really three parts to his speech. I will address two of those parts and ask him a question.
The first part has to do with the issue of democracy. If he had listened to the Minister of Justice he would have heard that the committee had 500 witnesses, visited 12 cities and received 300 submissions. Bill C-38 went through committee clause by clause. All of what he has asked for has already happened exhaustively.
My second point is with respect to the issue of religious beliefs. As the minister said very clearly, the right to religious beliefs and the protection of religious institutions to act out their beliefs is the first among all rights within this country.
The member mentioned the issue of children. Does he not think that Bill C-38 actually strengthens the rights of children because gay and lesbian couples actually have children? Bill C-38 would enable lesbian and gay couples to have a civil marriage, not a religious marriage because it is up to religious institutions to marry whomever they wish. Does he not think that Bill C-38 strengthens the rights of those children whose parents happen to be gay or lesbian?
Gord Brown Conservative Leeds—Grenville, ON
Mr. Speaker, first, let us talk about democracy. In 2003 the justice committee was shut down without the opportunity to report to Parliament. Liberal members were hiding in the hall and not allowing quorum.
I sat on the legislative committee that dealt with Bill C-38. Witnesses were bunched four and five at a time. I sit on another committee and that is not the way we do things. Witnesses were given 24 hours or less notice to appear. They were given no opportunity to have their presentations translated. In my view that was not a proper process. I know members from the other side will talk about the lengthy process with 400 witnesses but the justice committee was not dealing with this legislation.
Mario Silva Liberal Davenport, ON
Mr. Speaker, today is a significant day for many of us in the House. It is the one year anniversary for those of us who were elected last year. I want to thank the good people of Davenport for electing me a year ago.
It is also a very significant day for the tens of thousands of gays and lesbians across the country. It is a day when we say as parliamentarians and as a government that we recognize them as full citizens under the law. Equality for all, for once, prevails. It will be a very historic day in years to come when people look back on this day as being the day we started to believe in equality and put forward the civil marriage legislation.
The leader of Her Majesty's official opposition stated that the law would be less weakened today if it is passed because it has the support of the Bloc Québécois. Does the hon. member share the view of his leader?
Gord Brown Conservative Leeds—Grenville, ON
Mr. Speaker, I congratulate the member for Davenport on his election a year ago today, as was I.
The member asked whether I supported my leader's comment about the legislation having less legitimacy because it was not supported by a majority of federalist members of Parliament. I think that is key because it is important that we support our country. I think the hon. member would be concerned about separation. We talk about a unified country. It is very important we have a united country and I stand four-square for that.
Dean Allison Conservative Niagara West—Glanbrook, ON
Mr. Speaker, I rise in the House again today to speak to Bill C-38. As I have previously stated, I am fully aware of both the privilege and responsibility that I have been given as a representative of the diverse communities and residents that compose the riding of Niagara West--Glanbrook. All my hon. colleagues in the House also have the duty to reflect the values and concerns of their constituents.
Each time I have risen to speak on the bill, I have clearly said that I will be voting against the legislation that will change the definition of marriage. In my vote I have faithfully taken the direction that has been so clearly expressed by the people of Niagara West--Glanbrook.
More than any other item on the government's agenda, which has been incredibly lacking when it comes to effectively responding to real concerns of Canadians, the issue of same sex marriage has evoked an outpouring of commentary.
The same sex marriage bill has inspired tremendous debate and considerations throughout all segments of my community. To date I have received feedback for up to close to 10,000 individuals from my constituency and thousands more from coast to coast on the definition of marriage.
Overwhelmingly the residents of the communities of Niagara West--Glanbrook have indicated support for maintaining the current definition of marriage. I agree with the majority of public views I have received, that marriage is a union between one man and one woman.
During the election campaign I promised my constituents that I would vote in support of this definition and that promise I have kept with them.
I have solicited the opinion of my constituents by asking them through news letters, emails and other correspondence and I would like to share the response. Almost 90% of my constituents are against changing the meaning of marriage, 9% support changing it and the remainder has no opinion.
Contrary to the claims of the Prime Minister with regard to anyone who does not support the legislation, the residents of my riding are Canadian and so are the millions of Canadians from coast to coast who oppose the legislation. Are their voices any less important than other Canadians? In my eyes, definitely not.
However, I am not so confident that all members of the House can look their constituents in the eye and claim that they wholeheartedly represent them. How long can the Liberal government claim that its is fixing the democratic deficit when it refuses to hear the voices that oppose it?
Just last week the government tabled the report on democratic reform which it stated was at the top of its priority list. It has stated that its action plan on democratic reform is based on three pillars of democracy: ethics and integrity, restoring the representative and deliberate role of MPs and accountability.
The Liberal government has failed miserably on all three counts. In the action plan the government has stated:
Democratic Reform will re-connect Parliamentarians with Canadians by giving MPs greater freedom to voice the views and concerns of their constituents, by providing parliamentary committees with more resources to influence and shape legislation, and by requiring that Ministers are actively engaged with MPs and Committees on priorities and legislative initiatives.
What this means for individual Canadians is that the people they elect will be able to better reflect their views in the process of government. It also means increased responsibilities for individual Members of Parliament to ensure that these reforms result in real change.
That is a quote from the report. From my time I have been here in the last year, that could not be further from the truth. Many committees have made many recommendations to the House that have been totally ignored or just shelved for a later point in time.
I would like to repeat one more time that I hope all members from all parties take this to heart. The government talks about the fact that democratic reform will reconnect parliamentarians with Canadians by giving MPs greater freedom to voice the views and concerns of the constituents. What this means for individual Canadians is that people they elect will be better able to reflect the views of the process of government. It also means increased responsibilities for individual members of Parliament to ensure that these reforms result in real change. I am not exactly sure at what point in time Parliament strayed away from this democracy by honouring the wishes of Canadians, but now is the time that we need to restore democracy.
The government can produce reports, action plans and even create a minister of democratic reform, but these measures are meaningless if members of the House are to ignore the voices of Canadians on an issue that will alter one of the most fundamental institutions in our society.
The government can produce reports, action plans and even create a Minister of Democratic Reform, but these measures are meaningless if members of the House are to ignore the voices of Canadians on an issue that will alter one of the most fundamental institutions in our society. The fact is the Liberal government and, indeed, the Prime Minister, are not interested in restoring faith in democracy. They will even alienate their own beliefs along with their constituents' beliefs to ensure that they maintain whatever little power they may have left.
I am baffled that many members of the Liberal government who not so long ago spoke so fearlessly in preserving the traditional definition of marriage. Now they immediately will do as they are told and vote for the bill.
It has been quoted before, but I would like to quote the speech of the hon. Deputy Prime Minister delivered in the House on September 2003 when she was the justice minister. She stated:
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.
In free votes in 1999 and again in 2003, the hon. Deputy Prime Minister voted for maintaining the traditional definition of marriage, as did many others in government. Yet she along with her cohorts will stand in the House again today, as she did last night, and force the will of the Liberal government on the Canadian people and vote for a bill that will reverse exactly what she fought so hard to preserve on two previous occasions. Maybe “fought” is too strong a word.
My intention is not to single out the Deputy Prime Minister. She is just one of the many in cabinet who publicly opposed changing the traditional definition of marriage in the past. In fact there are currently 20 Liberal members who in 1999 freely voted to preserve the traditional definition of marriage as the union of one man and one woman to the exclusion of all others, who now vote to destroy marriage. There were 34 Liberals who have voted against the government. This also includes the current Prime Minister.
There could be many more Liberal members whose constituents oppose the legislation, but without a free vote, the voices of Canadians will be ignored and our democracy trampled on once again.
I applaud the hon. members who have put their political careers aside to truly represent what they and their constituents believe is right. They have sacrificed their aspirations for what is best for the country. Why will the Prime Minister not do the same thing?
It is rather unfortunate that the Prime Minister has given his cabinet an ultimate: Vote in favour of the government or lose your ministerial perks.
The NDP, a party which also claims it is the true voice of democracy, has also whipped its members into submission. The only member of that party who dared voice an opinion has been muted and has been told to sit on her hands during a vote on one of our society's fundamental institutions. This is just another example of the Liberal-NDP coalition forcing members to toe the party line. I will mention, though, the member did vote last night and I was encouraged to see that.
Coercion is not a tool of democracy, it is a tool of tyranny. All hon. members should resist the threats of having their political careers ended prematurely by voting against the bill. As elected representatives, we were sent to Ottawa for a specific reason: to be the voice of our constituents, to embody the wishes of the great people of this country and to protect their democracy and freedom.
The justice minister has presented the bill as a charter issue. He has said that it will give all people equality. He has stated that religious freedoms will not be affected by the passage of the bill. I would challenge him on this.
There are numerous instances that have already occurred which have put religious freedoms at risk. Scott Brockie owns a printing company called Imaging Excellence. In 1996 Mr. Brockie refused to provide printing services to the Canadian Lesbian and Gay Archives on the basis that the cause of homosexuality was offensive to his religious belief. The CLG Archives filed a human rights complaint under the Ontario Human Rights Code, alleging that Mr. Brockie discriminated against them on the basis of sexual orientation. A board of inquiry, appointed under the Ontario Human Rights Code, found that Mr. Brockie did discriminate and fined him.
Then there is the case of Mr. Kempling. Chris Kempling is a teacher and a school counsellor in Quesnel, B.C., who was disciplined by a professional body, the B.C. College of Teachers, for writing letters to the editor of a local newspaper denouncing the school's teaching on homosexuality.
The B.C. Supreme Court upheld the discipline and said that Mr. Kempling was not entitled to protection. Mr. Kempling was not even working at the time.
I could mention Bishop Fred Henry as another individual, the Knights of Columbus and the list goes on and on. Bishop Henry said:
The denial of the social and legal status of marriage to same-sex couples is not discrimination. It is not something opposed to justice; on the contrary, justice requires such an opposition.
It is the right and the responsibility of all citizens who are troubled by the proposal to reinvent the institution of marriage, to enter into the debate and, with clarity and charity, to make their voices heard by their fellow citizens and our political leaders.
It is through their elected representatives that we must let the citizens of our great country be heard. The majority of Canadians have clearly stated that they want marriage to continue to be defined as the union between one man and one woman to the exclusion of all others. When the vote is called, I would encourage all my colleagues to courageously stand and vote against Bill C-38.
Keith Martin LiberalParliamentary Secretary to the Minister of National Defence
Mr. Speaker, we tend to come back to the issue of supposedly the lack of democracy on this bill, but it has been expressed quite widely what has taken place with respect to the Constitution. I want to get back to the root of what appears to be going on here.
When so much anger is directed against a particular bill, what is the true root of that anger? If we scratch behind the scenes, what is really driving the opposition? I completely understand the views on both sides of this. I understand why many people would oppose this, particularly when it is consistent with their religious beliefs, which they have every right to protect. We must protect, acknowledge and respect the beliefs of people.
Fear is driving much of the animus that has come from members on the other side who oppose this. There is the fear of people's marriages, of their children, of their children's future relationships and of the direction of Canadian society. That has been expressed many times by the other side. Is this fear really rational? Are the concerns as expressed by many members from the Conservative Party about where the issue of marriage is going, how this will affect heterosexual marriage, whether it will dilute or destroy the institution of marriage?
Does my hon. colleague not think the bill will have absolutely zero bearing whatsoever on heterosexual civil marriage and on religious marriage? The bill has everything to do with civil marriage and nothing to do with religious marriage? Does he not see this will not affect his marriage or damage heterosexual relationships or marriages? It will broaden the concept of marriage to include those people who are in a loving, caring relationship. They can then share in that institution as other heterosexuals do.
Dean Allison Conservative Niagara West—Glanbrook, ON
Mr. Speaker, one of the bigger questions I have is this. If there is no fear or no reason why we should be concerned, if there is no basis for our concern, and in many cases the government has tried to assure us that religious freedoms will be protected, then why did the Minister of Justice say in his speech that in every case religious freedoms would be trumped by human rights?
What we see right now is if it is a human right but it is not a religious right, those things do not matter. I have given a half a dozen examples. My colleagues have given many examples where people who have been in front of the courts have been discriminated against. They are being fined and dragged into lawsuits which are quite possibly costing them their homes, given the costs to defend these cases.
Right now individuals have religious choices, but their personal beliefs are being trumped by what society wants. We are not even at the point where we have changed the name. We have broadened the definition.
If it is a question of incorporating the rights or broadening the rights, why does this group not look at a new name? Why does this group not look at establishing something of its own. Marriage has been fully entrenched in our society for thousands of years?
In 1999 and 2003, 20 government members, including the member, voted to support the traditional definition of marriage. What has changed in his mind or the minds of his constituents? Why in 1999 and in 2003 was the traditional definition of marriage important but now, as we move forward in 2005, there is a difference. What has changed?
Richard Marceau Bloc Charlesbourg, QC
Mr. Speaker, what a great day it is today for rights and freedoms in Quebec and Canada. This great day should be celebrated, not only by the minority that in the next few days will finally obtain the right to marry, anywhere in Canada, but also by all the heterosexuals who have supported the cause of equality, the cause of rights and freedoms, whether from the very beginning or only more recently. They know very well that confirming the rights and freedoms of a minority does not take anything away from the majority that previously enjoyed these rights and freedoms.
It has often been said in this debate, which has been going on now for many a long year, that marriage is an important institution in our society. That is very true. It is an institution through which society or the state recognizes the commitment that two people make to one another.Through the institution of marriage, society, the state, recognizes the importance of conjugal love.
The fact that homosexuals have fought hard and have spent time, money and energy for access to marriage—this basic institution in our society—demonstrates the enormous respect they have for it and their desire to gain access to it. Their entry into the institution of marriage will strengthen it because they are people who believe in it and have spent years fighting for access to it.
I would like to make two comments on the side. People who followed the debates in committee will know what I want to say. Marriage is not a static institution, contrary to what some people claim. I said so yesterday and it is important to repeat it. Just a few decades ago, when a woman married in Quebec she lost her adult status and became the responsibility of her husband, just as she had previously been the responsibility of her parents. But society changed, and as it changed, the various institutions and elements that make it up changed as well. Fifty years ago, women were not considered equal to men; now, they are.
Today, it is high time to give couples consisting of same sex partners access to the institution of marriage.
There is something else as well that we have heard many times in this debate, namely that marriage is supposedly—to use the expression of my friend in the Conservative Party who spoke before me—a child-centred institution. I challenge every member in this House who has gone before the altar to get married, whether once or more than once, to say whether having children was ever part, even one time, of the vows they exchanged. The answer is no.
When a couple gets married they promise fidelity, mutual support and friendship; they do not promise to have children. The purpose can vary according to what the couple wants or can do. What marriage celebrates is the recognition of conjugal love between two people.
The bill before us was improved by two amendments on the freedom of religion.
Although the bill deals specifically with civil marriage, some religious groups met with us many times to express their fears and apprehension concerning freedom of religion. It was with the utmost respect for these religious groups that my colleague from Hochelaga and I addressed the problem. We were very open to the representations made by the representatives of churches, temples, mosques and synagogues.
Mr. Speaker, you chaired this legislative committee admirably. I told you that privately today and now I am telling you that in public. Although I do not share the same views as these religious groups that oppose opening civil marriage to gays and lesbians, the other members of the committee and I listened to what they had to say. After several meetings with these religious groups and individuals, we presented an amendment, the only one to be adopted yesterday at report stage. It is an amendment that states in black and white that no religious group will lose its status as a charitable organization for refusing to celebrate marriages between same sex couples. One of these Christian groups made a suggestion for an amendment, which we presented and which was passed yesterday.
I want to say one final word on freedom of religion: it is as important and as fundamental to the Bloc as the right to equality, which, in our case law, now includes the right for same sex partners to marry. This freedom of religion is fundamental in a free and democratic society such as those in Quebec and Canada. This freedom of religion must not mean that the religion of some should become the law for others. We do not live in a Catholic, Evangelical or Protestant state or in a Jewish, Islamic or Buddhist state. We live in a secular state, where the separation between church and state is one of our civilization's finest achievements. It is an example of the fundamental principles from the age of enlightenment that have enabled us to expand the definition of marriage to include same sex partners for civil purposes.
We observe society's evolution with respect to civil marriage. However, we are in no way changing the Catholic vision of marriage as a sacrament, according to this church, which does not accept or allow divorce. This in no way changes Jewish marriage, for example, where, in order to marry, both partners must belong to the Jewish faith. This in no way changes any other religious wishes or religious definitions of marriage.
In any state with a justifiable and constitutional charter of rights and freedoms, the courts play an important role. For about the past 10 years discrimination on the basis of sexual orientation has been illegal, under section 15 of the Canadian Charter of Rights and Freedoms.
Furthermore, the highest courts in eight jurisdictions in Canada, including the appeal courts of Quebec, Ontario and B.C., which are the three most densely populated provinces in Canada, have ruled that the so-called traditional definition of marriage is unconstitutional. The Ontario and B.C. appeal courts struck down the common law definition of marriage, which dated back to 1866. The Quebec appeal court struck down the legislated definition of marriage that was passed by this Parliament in 2001.
That very clearly contradicts those, in the Conservative Party, especially, who said that Parliament had simply to reaffirm its belief in or its support for the so-called traditional definition of marriage, and the courts would follow.
First off, allow me to say that, each time someone says “all we need to do is such and such”, all too often the solution proposed is overly simplistic. The “all-we-needs”, as we might define them, are simplistic solutions for complex problems.
I have to agree as well with the 134 law professors who took the fairly unusual and exceptional step of signing a joint letter to the leader of the Conservative Party. In the letter, these eminent professors said, rightly, that the only way to make marriage between partners of the same sex illegal in Canada would be to use the notwithstanding clause.
That was my opinion before the letter. My legal analysis led me to say at the time—and these 134 professors concur—that the only way, today, for us parliamentarians to prevent partners of the same sex from marrying is to say that, notwithstanding what the courts have said, we are suspending the rights and freedoms recognized by the courts for a period of five years, five years being the maximum period the notwithstanding clause may be applied.
Never would I vote, nor would I ask my colleagues to vote, to suspend the recognized rights and freedoms afforded a minority that has been persecuted too long, not only in Quebec and Canada, but throughout the world.
The choice facing us is to support Bill C-38, which would expand the right of same sex partners to marry in the eight jurisdictions where the right already exists and in the other jurisdictions where it does not, or to state very clearly that we are prepared to use the notwithstanding clause.
I have participated in this debate for many years. I have been an MP for eight years, during which time few matters I have been involved in as a parliamentarian have made me as proud. I am proud to take part in the process that will broaden the right to equality of thousands of Quebeckers and Canadians who want to marry. Be they two men or two women, they want to be able to say publicly to society, the government and the world that they are committed to a solid relationship, they are in a relationship of equals, and they are publicly declaring their love for each other.
Having taken part in this debate, having heard the vast majority of the 472 witnesses who appeared before the committee the first time around and the 60 or so who testified before the legislative committee, having travelled across Canada, from Vancouver to the Maritimes, via Iqaluit, Montreal Toronto, and many other places, and having received wedding pictures over the past two summers of couples who told me, “Look, we got married. Thank you, thank you for your part in it”, I say that is wonderful, The pleasure is all mine.
To conclude, when I rock myself in my rocking chair, a few decades from now I hope, with my dentures in a glass on the side table, I will tell my children about what I did when I was a member of Parliament. When they ask me, “Where were you, Dad, when this debate took place? What did you do to provide these men and women with the same right as everyone else?”, I will be able to say that I was there and that, on this June 28, 2005, I voted in favour of these men and women finally having access to marriage, as opposite sex spouses have had for decades, centuries, millennia.
Françoise Boivin Liberal Gatineau, QC
Mr. Speaker, I thank the member for Charlesbourg—Haute-Saint-Charles for his excellent speech. I had the pleasure of sitting on the legislative committee on Bill C-38, and I share his opinion that you did an excellent job as committee chair, knowing the passion this subject arouses. Above all, I admired the calm and truly democratic way in which everything proceeded.
Obviously, when I was elected a year ago, I had no way of knowing how turbulent this Parliament would be. However, like my colleague from Charlesbourg—Haute-Saint-Charles, I will be able to say that I took part in what I consider a historic moment, in the sense that this vote will reaffirm the leadership role that Canada can play in terms of the right to equality.
I want to take advantage of my colleague's background in law, since we are not often able to call upon counsel for free in the House. So, I want to know what he thinks about an argument often made by our Conservative friends in committee and during the debates at the different stages of Bill C-38.
I am talking about the fourth question included in the reference to the Supreme Court of Canada on the traditional definition of marriage. Since the Supreme Court did not answer this question, our Conservative colleagues frequently use this as an excuse to claim that Parliament could simply reaffirm the traditional definition of marriage. So, I want his opinion on this.
If I may, I also want to ask his opinion about the frequent complaint that this legislation is being rushed through with no regard for the democratic process. In this context, I want—
Bradley Trost Conservative Saskatoon—Humboldt, SK
Mr. Speaker, on a point of order, I have done a head count and by my numbers there are not 20 members here. I would like to call for a quorum to ensure we have enough proper representation.
And the count having been taken:
Civil Marriage ActGovernment Orders
The Acting Speaker (Mr. Marcel Proulx)
The count confirms that there is quorum in the House.
I would therefore ask the hon. member for Gatineau to finish her question.
Françoise Boivin Liberal Gatineau, QC
Mr. Speaker, I certainly prefer to speak before a larger crowd. I am very happy, therefore, to see that everyone here is listening carefully to what I have to say.
My questions were simple and I think that my friend from Charlesbourg—Haute-Saint-Charles, with whom I sat on the legislative committee considering Bill C-38, could hear them. They were about question 4 in the reference to the Supreme Court of Canada and the lead-up to the report on Bill C-38. I would like to know whether the hon. member thinks that the whole process is going too quickly.
Richard Marceau Bloc Charlesbourg, QC
Mr. Speaker, I also enjoyed working with my colleague from Gatineau on this committee.
In regard to her first question, it was indeed quite surprising to hear the Conservative committee members saying, “The courts have not ruled. So none of that is clear”.
I would like to read two passages that I have before me. The first is from a ruling by the British Columbia Court of Appeal on the traditional definition of marriage. I am going to read it, knowing that she understands English to some extent because we have taken part in debates together in English on various subjects. So I am going to read it in the original language because I do not have the translation.
Paragraph 7 in the ruling by the British Columbia Court of Appeal says:
--I conclude that there is a common law bar to same-sex marriage; that it contravenes s. 15 of the Charter; and that it cannot be justified under s. 1 of the Charter. I would grant the declaratory relief set forth at para. 158, infra,--
And the Ontario Court of Appeal said the following in paragraph 108, and I encourage my colleagues and the people listening to us to go and see for themselves if they want:
Based on the foregoing analysis, it is our view that the dignity of persons in same-sex relationships is violated by the exclusion of same-sex couples from the institution of marriage. Accordingly, we conclude that the common-law definition of marriage as “the voluntary union for life of one man and one woman to the exclusion of all others” violates s. 15(1) of the Charter.
It is obvious, therefore, to anyone who has taken the time to read the rulings that the courts were very clear that the so-called traditional definition of marriage was unconstitutional.
Insofar as the time we are allowed is concerned—a matter that we have already discussed—I would simply like to say that I share the view expressed by the Conservative Party's favourite newspaper. Usually, they rely a lot on this paper, and I encourage them to do so again.
I think that I quoted the editorial yesterday, but it is important to read it again. It is the editorial for Friday, June 3, 2005 entitled, “The marriage debate has had its day”. I apologize for not having the translation. The paper says:
But whatever side of the issue one is on, the notion that the reforms are being rushed through without proper debate is overblown. In fact, it's hard to think of a policy issue that has been the subject of more debate in this country over the past two years. After committee hearings, endless public analysis and a 2004 election in which voters were well aware that a re-elected Liberal government intended to legalize gay marriage, the personal stance of virtually every MP in the country is already well-documented. And given the degree to which opinions on the issue are inflamed, it is highly unlikely that any of those positions will change in the foreseeable future, no matter how much more debate there is.
I could not have put it better myself.
Michael John Savage Liberal Dartmouth—Cole Harbour, NS
Mr. Speaker, I enjoyed my colleague's speech very much. I also enjoyed sitting on the civil marriage committee along with him and many others. I have to add my voice of commendation for the way that you, Mr. Speaker, chaired that committee and particularly the way you managed the relationship between the member for Provencher and the member for Hochelaga, which I thought showed great sensitivity.
I am proud to be standing here today in the House, proud that tonight we will indeed provide equality to gay and lesbian Canadians, something that they deserve and something whose time has come.
One of the issues that we heard a lot from witnesses in committee was about the changing roles of marriage and how marriage has changed. We have heard here today some concern from opposition members that marriage has not changed, that this is too dramatic a change. We all recall that not that many years ago blacks and whites did not marry, and Anglicans and Catholics did not marry. Marriage is an evolving process.
One of the concerns that people brought forward to the committee and other places was that Bill C-38 might lead to things such as polygamy. I wonder if the hon. member might be able to reassure Canadians that they do not have to worry about polygamy in the near future.