Mr. Speaker, I am rising in the House today to strongly oppose Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts, also known as the zero tolerance for barbaric cultural practices act.
The NDP and I want to emphasize that we are opposed to polygamy, forced marriage and underage marriage. These three practices are unacceptable. They target women specifically and go against the freedoms we enjoy here in Canada. That being said, we know that the solution proposed by the Conservatives is not suitable and will not achieve the desired results.
I would like to begin by saying that this bill is incomplete. The requirements that the Conservatives are presenting as new are already present in our existing legislation. What good does it do to duplicate legislation? It is a waste of our time and Canadians'. To be more specific, the requirement of free and enlightened consent is already present in the Quebec Civil Code and in the common law of the other provinces.
Moreover, Canada's Criminal Code contains avenues of remedy tailored to each situation to fight these kinds of marriages. These avenues of remedy can be employed before or after the marriage, which gives victims the opportunity to seek justice. The victims have to know about the avenues, however, and that is where we should be focusing our energy.
I would like to talk more about the many shortcomings of this bill. These deplorable gaps will endanger victims of forced and underage marriage. The bill contains no solutions whatsoever to help immigrant women learn about their rights. These women have virtually no way to defend themselves. Our goal should be to give them the tools they need to navigate our legal system.
The Conservatives are either refusing or do not know how to implement a policy to make the law accessible to everyone, particularly the most vulnerable. One could be forgiven for believing that the government wants to keep them in the dark. How can they protect themselves if they do not know our laws? It is impossible, and that is why the NDP intends to make this information more available and minimize this kind of inequality around awareness of rights that is unfortunately present in Canada.
Another important point that the Conservatives have once again left out is the creation of programs and services to support the victims of forced marriage and polygamy. The bill does not address this aspect at all, despite how important it is. Another shortcoming has to do with the lack of education and mental health support, which will be crucial to protecting children who are victims of human trafficking. These situations unfortunately affect all too many children in this country. How do the Conservatives plan to help children living in high-risk situations if they have no programs in place specifically for such victims?
It is clear that the Conservatives did not do very much research in these areas for this bill. The NDP encourages the government to consult the parties involved and meet with front-line stakeholders and experts in order to really be able to address the problem of forced and underage marriages. This lack of consultation is an alarming reality in the case of many Conservative bills, and we find that very troubling.
I believe that the bill is not only incomplete, but it is also alarming. It is harmful for two main reasons. First, it helps further stigmatize immigrant populations in Canada. We see that in the title: the zero tolerance for barbaric cultural practices act. This bill is based on racist prejudices and fuels xenophobia by associating immigration, illegality and barbarism. The NDP fights every day against this simplistic type of view that contributes to excluding immigrant populations. A policy based on fearing the other and rejecting differences is not a policy the NDP wants.
What is more, this bill that claims to protect victims from situations of forced or underage marriage and polygamy in fact risks putting victims in greater jeopardy. By making the law even tougher, the government is discouraging immigrant women from reporting their situation out of fear of then being deported from the country. This bill includes no provision allowing conditional permanent residents to stay in Canada if their polygamist partner is deported. This bill is paradoxical because it isolates the victims and puts them further at risk.
Worse yet, by preventing the reunification of the family in a polygamous situation, the bill contributes to separating children from their mother. Children are once again the primary victims of senseless legal decisions. Minors would be at risk of being criminalized for participating in a forced or underage marriage. A solution based on criminalization is not sound. It discourages victims from reporting this type of situation because of the threat of a criminal record weighing on them or members of their family.
The NDP is prepared to offer solutions to this issue in a culturally appropriate manner. One main focus would be to alter immigration policy in a direction that enables women to be independent.
The NDP is in favour of immigration implementing support services and amending processing times to allow wives and children of men who are to be deported to reside in Canada. This would reduce limitations on their ability to escape unhealthy relationships at the expense of their residency.
This can also serve as a better solution than the conditional permanent residency introduced by the Conservatives in October 2012, which further increases the vulnerability, abuse, and isolation of women and the degree of manipulation they are subjected to in the general state of the issue and by the CPR.
The NDP supports the notion of preventing and responsibly addressing this issue, by implementing programs and listening to experts in the field, as opposed to criminalizing and further marginalizing citizens. The way to address this issue can be seen through our national action plan, which addresses violence against women by examining the root of the issue of violence against women and offering support as opposed to further limitations.
We must put in place a policy that goes to the root of the problem, rather than applying a superficial and sensationalist policy, as proposed by the Conservative government. That is why the NDP is proposing to provide prevention and victim support services. The NDP and I want to support and fund such initiatives as the South Asian Legal Clinic of Ontario, or SALCO, which plans to promote more prevention. This organization offers information sessions for police officers and those in charge of social services. This is a concrete and useful response.
We need a strategy that is appropriate for each situation and not an evasive and useless response like the government's. Instead of tackling the problem of forced or underage marriage or polygamy by passing a law that focuses on criminalizing the victims, the NDP has come up with concrete and insightful solutions. It is proposing to adopt a national plan to combat violence against women that responds to the specific vulnerability of each community. Furthermore, the NDP believes that it is vital to put in place culturally appropriate training for government officials so that they are able to prevent forced marriages. Government officials must be better prepared to fight ignorance in order to protect the victims in these situations.
This bill is yet another example of the Conservatives' habit of introducing legislation that is both ill-suited to the problem and dangerous to Canadians. They are not capable of helping the most vulnerable members of society and they are playing with fire by constantly linking immigration, illegality and insecurity. The serious problem of gender-based violence must be resolved as quickly as possible, but it must be done effectively. Only the NDP truly understands the true implications.
In conclusion, I want to share the story of a case in my riding. In 2012 I helped a woman, Ms. Hernandez, who was the victim of domestic violence. She had started her immigration process and was therefore not yet a Canadian resident. She had been threatened with deportation because she had reported domestic abuse against her and her child. It took me several weeks, it took a number of protests, in particular one on International Women's Day last year, and it took the the help of the media and of groups like Solidarity Across Borders to ensure that Ms. Hernandez was able to remain in Canada.
Women in these types of situations are very vulnerable. It is dangerous for them. Women and children cannot live their lives in limbo. These people should not have to wonder whether they can remain in Canada or whether they will be deported.
That is why I am opposed to this bill. I think all Canadians agree with us and I hope that every member of Parliament will oppose this bill.