Mr. Speaker, I rise today to speak to Bill S-7, the zero tolerance for barbaric cultural practices act. This bill targets several practices that the Liberals fundamentally disagree with, including early or forced marriage, polygamy, and domestic violence. Although we have been accused otherwise, we agree that these practices are barbaric and will be supporting the bill for further study at committee.
I want to state off the top that we do not agree with linking violence against women to culture, as the Conservatives have tried to do. Violence against women is a phenomenon that exists in every culture, and we are saddened that the government is trying to score cheap political points with respect to this serious matter. Violence against women is not an issue of culture; it is an issue of ethics. It is not an issue tied to place of origin, language, wealth, or ethnic nationality. Wherever we find it, violence against women is an issue of right and wrong.
Equality and justice are universal values. Kindness and respect are universal values. They are not linked to any particular culture any more than misogyny is linked to a particular culture. Barbarism is barbarism wherever we find it, and we should not judge any cultural group by the worst practices of some of its members.
My point is that for the Conservatives to look outwardly and point out how other cultures treat women is to ignore the misogyny that transcends culture. As great philosophers and religious intellectuals have demonstrated, ethics are rational, and people everywhere can reason about right and wrong, so I say again that misogyny is not a cultural problem; rather, it is an ethical one. I would say the same of discrimination or violence based on race, religion, sexual orientation, or mental or physical disability.
Let us not denigrate entire cultures. Instead, when talking about barbaric practices, let us talk about ethics. Let us talk about universal values instead of suggesting that entire cultures are somehow in conflict.
Canada's multicultural success story insists the exact opposite. Many cultures have come together and flourished here on the basis of universal values, the values enshrined in the Charter of Rights and Freedoms. Our charter is an ethical document, not a cultural one. It gives legal force to rational, moral principles based on the best arguments, not cultural principles based on history or tradition. Therefore, let us agree to language that unites, not language that divides. Let us build consensus on what is right and wrong rather than drawing lines between cultures and shouting back and forth. For that reason, I repeat that barbaric practices are unethical actions, not cultural actions.
That is how this conversation should be framed, and language makes a huge difference. People are more likely to accept a valid moral argument if we do not make it while insulting their entire culture. For that reason, the Liberals will move an amendment to remove the word “cultural” from the short title of this bill and change it to “zero tolerance for barbaric practices”. After all, if we listen to how it sounds, it has a nice ring to it. It is something everyone in the House can get behind.
Therefore, why not cut one word from this bill? Heaven knows that the current government has cut everything else. In Prince Edward Island, we know that better than most.
With respect to the content of this bill, I say at the outset that there are some good ideas here. What would the bill do? On early and forced marriages, Bill S-7 would establish a national minimum age for marriage of 16 years of age. Previously, only Quebec has had a legislated minimum age, while other provinces relied on common law definitions. The bill also proposed to codify the requirement for free and enlightened consent for marriage or divorce.
Bill S-7 also creates a new Criminal Code offence for knowingly officiating at a forced or early marriage, for knowingly and actively participating in a forced or early marriage, or for removing a child from Canada for the purpose of an early or forced marriage. These measures are similar to current laws in the Criminal Code that relate to bigamy.
In addition, Bill S-7 would create a peace bond regime with regard to early or forced marriages that would allow a person to petition a court for a peace bond to prevent an early or forced marriage. Violating the requirements of this peace bond would be an offence. The peace bond provision would create an opportunity for someone from outside the affected family, such as a community member or a teacher, to petition the court if they became aware of an issue.
As to polygamy, that practice is already illegal in Canada. The B.C. Supreme Court has upheld that limit on freedom of religion because of the harm the practice causes to women, children, and the institution of monogamous marriage. Bill S-7 further addresses polygamy by amending Canada's immigration rule to make those planning to practice polygamy in Canada inadmissible to the country. It also clarifies that those seeking permanent residence in Canada must stop practising polygamy and will be permitted to immigrate with only one monogamous spouse.
Colleagues, though I agree that we do not want to see polygamy coming into Canada, I would flag to the committee that there could be some practical legal problems flowing from this chain. For example, what happens to additional spouses that an immigrant to Canada leaves behind? Would their property claims against their absconding husband be enforceable in Canada if we do not recognize the marriage? If somehow an additional spouse also gets into Canada—independently, for example—could they obtain a divorce from their husband? Also, what happens to the children of additional spouses? Could they come to Canada, but only if they leave their mother behind?
I do not know the answers to these practical legal problems, but I expect the committee to take a good, hard look at them before changing the law. The last thing we want to do is exacerbate the harms of polygamy and hurt vulnerable women and children who have done nothing wrong.
Finally, we come to the issue of domestic violence, and in particular crimes that are often called honour killings. Stories of such atrocities have shocked Canadians, particularly the Shafia family quadruple murder in Kingston in 2009. In an attempt to address this issue, Bill S-7 would place restrictions on the long-standing provocation defence, which can reduce culpable homicide from murder to manslaughter.
As it currently stands, provocation reduces murder to manslaughter if the accused acted in the heat of passion and immediately following a sudden provocation. The provocation must be an act or insult by the victim that would be sufficient to deprive an ordinary person of the power of self-control. Further, that act or insult cannot be something that the victim was incited to do by the accused to gain an excuse.
First, it is worth noting that this defence has never succeeded in an honour killing. Second, the proposed change would require the victim to have committed a criminal act against the accused for the defence to be available. Notably, this amendment would mean that insults are no longer provocation, including insults using racial epithets and so forth.
I am not sure this change is a good one, since some insults are actually more provocative than some assaults or threats. I trust the committee will look closely at this issue.
I will leave my concerns at that for the time being. I will say that when this bill goes to committee, Liberals will expect the government to act responsibly, to consider legal expertise, and to maintain the coherence and logic of Canada's Criminal Code.
In conclusion, this bill targets several practices with which Liberals fundamentally disagree. However, at this stage we have three concerns with Bill S-7. The first is the use of the term “cultural” in the title. The second concern relates to practical legal problems arising from immigration changes around polygamy. The third has to do with meddling with the provocation defence in a way that may go against common sense.
Of course, more concerns may arise on closer review, and I hope the committee will be open to constructive amendments. Our goal, as always, should be making good public policy.