Mr. Speaker, it is an honour to speak to this bill. I am pleased to have an opportunity today to speak in support of Bill S-7, the zero tolerance for barbaric cultural practices act.
In the Speech from the Throne in October 2013, our government promised that it would ensure that early and forced marriage and other harmful cultural practices, such as polygamous marriages and so-called honour-based violence, do not occur on Canadian soil.
I might add that it is within my living memory that in our east Asian cultural tradition there were polygamous marriages. I can still remember my grandparents having a polygamous marriage, because that was the society of that time. However, over time, over the last two generations, that has changed. We can change it.
Bill S-7 delivers on that promise. The zero tolerance for barbaric cultural practices act demonstrates that Canada's openness and generosity does not extend to early and forced marriage, polygamy, or other types of barbaric cultural practices.
Canada will not tolerate any type of violence against women or girls, including spousal abuse, violence in the name of so-called honour, or other mostly gender-based violence. Those found guilty of these crimes are severely punished under Canada's criminal laws.
This bill would establish a national minimum age of 16 for marriage to protect our most vulnerable in society, our children, from early marriages. The minimum age of 16 for marriage currently only exists in federal legislation pertaining to Quebec. As a result, the common law applies to the rest of Canada, which is usually interpreted as a minimum age of 14 for boys and 12 for girls, but could be as low as 7. This bill would now set 16 as the minimum age for marriage across Canada.
The Civil Marriage Act would also be amended to codify two existing legal requirements for a valid marriage. Currently, these requirements are legislated only in Quebec: the legal requirement for free and enlightened consent to marriage, and the requirement for ending an existing marriage prior to entering another. Consent is truly the most critical aspect of a lawful marriage.
This amendment would make it clear that no Canadians should ever be forced to marry against their will and complements certain amendments to the Criminal Code, which I will discuss.
The requirement for ending an existing marriage prior to entering another is consistent with section 2 of the Civil Marriage Act and the longstanding Criminal Code prohibition against bigamous and polygamous marriages.
Also in relation to polygamy, this bill proposes amendments to the Immigration and Refugee Protection Act to specify that a permanent resident or foreign national is inadmissible on the grounds of practising polygamy in Canada. Under the current immigration law, non-citizens can only be removed in cases where there is a criminal conviction for practising polygamy or where there is a finding of misrepresentation.
To eradicate this practice on Canadian soil, this bill would prohibit both temporary and permanent residents from practising polygamy in Canada and provide for the removal of non-citizens who practise polygamy in Canada without the need for a Criminal Code conviction or a finding of misrepresentation.
Coming back to the issues of early and forced marriage, this bill proposes several amendments to the Criminal Code to better prevent Canadians from being victimized in these ways. The proposed amendments in this bill fill a gap in the existing legislative scheme by creating offences that focus on the active participation in the forced or underage marriage ceremony itself.
The bill proposes two new offences that would extend criminal liability to anyone who knowingly celebrates, aids, or participates in a marriage ceremony where one or both of the spouses is either under the age of 16 or is marrying against his or her will. This would cover both those who conduct the marriage ceremony and those, such as family members, who have full knowledge that a marriage is forced or involves a child under 16 and actively participate in the marriage ceremony. However, to be prosecuted for this offence, a person would need to have engaged in some conduct specifically directed toward helping an early or forced marriage to occur.
The proposed offences address the social harm caused by the public sanctioning of these harmful practices. Studies have indicated that the vast majority of victims of a forced marriage are subjected to violence within that marriage. Similarly, girls who marry early are at far greater risk of experiencing complications in pregnancy and childbirth, including higher maternal mortality rates, experiencing violence in the home, and having their education disrupted.
Underage marriage violates girls' basic human rights and prevents them from fully participating in society.
These two new offences would be punishable by a maximum of five years' imprisonment. The bill also proposes to make it an offence to remove a child from Canada for the purpose of a forced or underage marriage outside of Canada. This government is aware of disturbing cases of Canadian children being taken abroad for forced or early marriage.
Child protection officials who believe that the child would be removed from Canada for a forced or underage marriage currently lack the requisite legal tools to intervene and prevent the child's removal from Canada. The bill would change that by adding the new offences related to an underage or forced marriage ceremony to the list of offences in the provisions that makes it a crime to remove a child from Canada.
I am confident that these proposed amendments would help prevent and deter the removal of children for such harmful practices and effectively punish those perpetrators who violate the law.
Moreover, the bill has prevention measures to protect vulnerable Canadians and residents from early or forced marriage.
The bill also proposes to introduce specific forced or underage marriage peace bonds to allow potential victims to seek protection against a pending forced or underage marriage. An order under the new peace bond provision could specifically prohibit people subject to the order from making arrangements or agreements for the forced or underage marriage of victims; require people subject to the order to surrender passports in their possession; prohibit them from leaving the country or taking a child out of the country; and require them to participate in a family violence counselling program.
Finally, in the area of violence motivated by so-called honour, it bears repeating that all forms of violence, whatever the motive, are fully prohibited by the criminal law. There is no need to create specific offences for honour-based violence.
The defence of provocation has been raised in several so-called honour killing cases in Canada on the basis that the victim's behaviour such as choosing one's own marriage partner or making other such personal decisions for oneself without a family or a husband's approval amounted to a wrongful act or insult that, when considered in the context of the cultural community to which they belonged, provoked the accused to kill due to a sense of damaged honour or reputation. To date, the defence has not been successful in so-called honour killings in Canada, however, the defence remains available to be raised in similar cases in the future.
Canada will not tolerate early and forced marriage and other harmful practices taking place in our country.