Mr. Speaker, I am very pleased to enter into this debate, but before I start, I think it is important that we put this into context. The member for Wellington—Halton Hills made some comments that I think deserve a response. He talked about the proud tradition of Conservative governments.
There has been a proud tradition of Progressive Conservative governments, governments that still exist on the provincial front, but not in the House of Commons. As Danny Williams, the premier of Newfoundland and Labrador, said, he sees himself as “a progressive Conservative” and the Prime Minister of this country as a “regressive Conservative”.
It is important to talk about that. The present government is not the party of the bill of rights of John Diefenbaker. The present government is a neo-conservative government, ideologically driven, based in the religious right, and it has done everything in its power to divide Canadians, to attack minorities, and to attack disadvantaged groups.
I am going to give the House an example so that we can understand that the court challenges program was much more than some debate that does not have an impact on ordinary Canadians. As the House knows, right now we are involved in a debate in the citizenship and immigration committee, and we have been for quite a number of years, and that debate deals with the whole issue of citizenship rights.
Very recently it became public that upward of 400,000 Canadians who thought they were Canadians are losing their citizenship rights and their citizenship for various reasons. I am going to focus my comments on one particular group, that of war brides and their offspring, because there are tens of thousands of people who fall into this category.
I am going to cite the case of Mr. Joseph Taylor because this particular case is very relevant to the discussion that we are having here today. It shows the very human nature of what we are talking about when we are talking about the fight for rights.
As we all know, we have had a lot of debates in this House on how we honour our veterans, the men and women who served to keep this country safe in the past and who did a great service for us in the world wars and other conflicts abroad. I am going to take the case of Mr. Joseph Taylor because he happens to be the son of a Canadian veteran. His father, Joe Taylor Sr., fought for this country during the second world war.
Joe Taylor Sr. went to England, where he was stationed, and, like thousands of Canadians who were in similar situations, many of them single, became involved with a woman from Britain. He met his English Rose and they fell in love. They found out that she was pregnant. Mr. Taylor told his commanding officer that he wanted to get married so the child would be considered legitimate versus being born out of wedlock. The commanding officer informed Mr. Taylor Sr. that Canada was not in the business of producing widows and orphans and essentially said they could not get married.
Mr. Joe Taylor Sr. went off to France to fight. Fortunately for his wife and child he survived the war in France. He went back to England, at which point he married his wife. He was very happy to be reunited with his new wife and son.
Canada had a program related to war brides and their children. The program was that those war brides and their children were allowed to come to Canada and as soon as they landed in Canada they all would become Canadian citizens.
Mr. Joe Taylor Sr. and his family set up house in British Columbia. Unfortunately, the marriage did not work out, so subsequently his wife and son went back to England. Mr. Joe Taylor, upon turning 18 years of age, decided that he would try to find his father, a veteran of the second world war. Mr. Taylor Jr. was told back then that he was no longer a citizen and would not get Canadian assistance in finding his father.
Back in the 1990s, Mr. Taylor once again decided he would come to Canada to try to find his father. Unfortunately for Mr. Joe Taylor Jr., he found out that his father had died. He is buried in a cemetery in Port Alberni.
Mr. Joe Taylor Jr. also found out that he had seven half-siblings living in British Columbia, with whom he reunited. He decided that he would retire in Canada, seeing that he has more family in Canada than he has in England. He bought himself a condominium in Victoria and comes back on vacations. He now is semi-retired in Britain and comes to Canada for his vacations. He spends time in Victoria.
Mr. Joe Taylor once again tried to get his Canadian citizenship. Once again the Department of Citizenship and Immigration refused him his citizenship. Mr. Taylor went to Federal Court over that decision.
The government, in denying Mr. Joe Taylor his citizenship, his rightful inheritance from his father, who fought for this country in the second world war, opposed his citizenship on two grounds. One was because Mr. Joseph Taylor was born out of wedlock. Second, the government opposed his citizenship on the grounds that in the 1947 act there is an obscure piece in the legislation which states that if people leave the country for any prolonged period of time they have to apply to keep their citizenship. Mr. Joe Taylor was not aware of that so he could not do so.
He took his case to the Federal Court. The Federal Court justice, Judge Luc Martineau, released his decision on September 1, 2006. In his decision, Mr. Justice Luc Martineau found that to discriminate against a person because he or she was born in or out of wedlock violated the equality section of the Charter of Rights and Freedoms, which says that we cannot discriminate against people because they are born in or out of wedlock.
On the question of not reapplying to keep that citizenship, Justice Luc Martineau ruled that this infringed section 7 of the charter, which talks about basic legal rights. Two sections are very important for this discussion. Section 7 of the charter states:
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof, except in accordance with the principles of fundamental justice.
Section 15 of the charter deals with the equality section and states:
Every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disabilities.
It is very clear that nobody, no government would want to have legislation that violated that section of the charter, but what do we have? This decision came down September 1. I asked the then minister of citizenship and immigration a question as to why the government would want to appeal that decision.
The government opposite appealed the decision after it got rid of the court challenges program. It is incomprehensible to me that anybody, that any party and certainly the Government of Canada, would so dishonour the sacrifices made by our veterans as to fight against the rightful citizenship of their offspring.
In the case of Mr. Joe Taylor, he is not a rich man. He has a comfortable life, but he is not rich. For him to take on the government and pursue his case before the court to fight for his rights, and rights that affect thousands of other offspring of veterans whose rightful citizenship is being denied, it costs money and in the case of having gone to Federal Court, that cost Mr. Joe Taylor $30,000 and even though the judge ordered costs against the government, Mr. Joe Taylor recovered only $10,000.
The government made the decision, after it got rid of the court challenges program, to appeal Mr. Taylor's victory in the Federal Court. When it applied to the Federal Court of Appeal, it also informed the Federal Court that if it lost in the Federal Court, it would take the case to the Supreme Court.
How meanspirited can the neocons get when the government says to Mr. Joe Taylor, and people like him, that if he wants to fight for his fundamental rights, which a justice of the Federal Court has ruled to be unconstitutional for infringing the legal section and the equality section of the Charter of Rights, an individual, the son of a Canadian veteran, and there are thousands like him, that he might be right, but if he wants to fight for his rights, he will need lots of money, while the government will use the taxpayer money to fight him to the end.
For Mr. Joe Taylor to get his hearing before the Supreme Court, if it goes there, it would cost upwards of a half million to a million dollars. What the government has done is so very shameful.
Let me read a letter that Mr. Joe Taylor received from the court challenges program on October 31, 2006. It deserves to go in the record.
Case Funding Application E-1885.
We are writing in response to your application received in our office on October 16, 2006, in which you applied for Case Funding from the Court Challenges Program with respect to opposing the Minister of Citizenship and Immigration's appeal from the Order of Mr. Justice Martineau.
We regret to advise you that the Court Challenges Program of Canada is no longer in a position to consider your application for funding. The Federal Government of Canada announced on Monday, September 25, 2006 that it would cut funding available under the existing Court Challenges Program effective immediately. Consequently, there are no longer any funds available for new applications under this Program.
We understand and appreciate how this decision will negatively affect your ability to bring your equality rights case forward, and we wish you all the best in your efforts to advance your equality rights.
If you have any questions, please do not hesitate to contact me...
It is signed by the legal policy analyst.
It is an incredible disgrace for members of the Conservative Party to stand and say they support their military, the men and women in uniform, and then treat their offspring as shabbily as they have by cutting the court challenges program, appealing the decision and saying that they will appeal it to the Supreme Court. It is a disgrace and something for which they should hide their heads in shame. As more Canadians learn about this, the more outraged they will become.
I mentioned earlier that hundreds of thousands of people fall into this category of citizenship rights. For the government to eliminate a $6 million line item in a $200 billion budget is a total disgrace. However, this regressive Conservative Party, as the Premier of Newfoundland called it, has a long history on this. Therefore, this is nothing new and we should not be surprised.
In 1995 we had the hate crime legislation and Reformers, the predecessors to the Conservatives, were totally in opposition to it. They did not believe that gays should be protected, along with other groups, against hate crimes. That party is the government now. Those members fought against anything to do with gay rights, just as they fought against same sex marriage, and used it shamelessly for perceived political advantage.
That party had a family issues critic say that he believed it was a mistake to have legalized it, referring to homosexuality. That party has consistently made harmful statements about minority groups.
When we talk about the ideological perspective of that party, as I mentioned earlier, it is tied into religious rights and it has shamelessly used religious rights. Nothing better reflects it than its support from the Real Women of Canada. That group hated the court challenges program. It does not believe in same sex marriage, rights for homosexuals or that anybody who has a right should be able to challenge government.
That party calls minority groups special interest groups, but it embraces the gun lobby, the worst special interest in the country. It embraces the oil barons. That party does not call them special interest groups.
You were in the chair, Mr. Speaker, and you have seen the evolution of the Reform ideology. The Conservatives have been hiding it, but every once in a while it comes to the fore. There is no better example than when we bring up the court challenges program.
The Liberal Party is the party of the Charter of Rights and Freedoms, something the Conservatives hate. What are the Conservative roots that they refer to back in 1985 to 1993? What did we have? Eighteen members of Parliament and cabinet were charged and convicted of breach of trust. We saw none of that under the previous government.
I want to make it very clear, and everybody except the Conservatives in the House agrees, that they do not have a right to compare themselves to other Conservative parties in the country. As Premier Williams said, “I am a Progressive Conservative; they are regressive Conservatives”. And once again, by removing funding from the court challenges program, they have proven it.