Debates of March 23rd, 2015

Zero Tolerance for Barbaric Cultural Practices Act

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I am grateful for the opportunity to bring some clarity to such a sensitive debate, while the government and the majority are actively causing confusion.

I want to begin by reaffirming my unwavering opposition to polygamy, forced marriage and underage marriage. As it happens, I have met with women who are victims of these practices. I do not have harsh enough words to condemn such violence and how it undermines women's dignity. These are practices I have fought against my entire life.

As a member of Parliament, I would be pleased to support any bill that would provide more protection for the victims or help prevent these crimes. However, Bill S-7 just confirms the government's ongoing trend. In March 2012, the Conservatives introduced new legislative measures regarding spousal relationships whereby the sponsored person must live with their sponsor for a period of two years. These measures include a penalty of deportation or a criminal charge if this condition is not met by the sponsored person. I want to remind hon. members that this provision was harshly criticized, and rightly so. Sponsored women who are victims of spousal abuse have no choice but to suffer the violence under threat of deportation. We see how compassionate the Conservatives can be. In April 2014, the hon. member for Mississauga South moved Motion No. 505 to supposedly deal with forced marriages through proxy marriages. I strongly opposed that motion at the time. I am opposing Bill S-7 for the same reasons.

With these various measures, the government is causing confusion and perpetuating xenophobic stereotypes. The increasing number of laws that associate cultural practices with violence against women shows that the government is willing to exploit this tendency in a thinly veiled attempt to win votes. The bill title alone, the zero tolerance for barbaric cultural practices act, shamefully equates violence against women with certain cultural communities. This is a disgraceful way of doing things. It is ethnocentric and promotes the mistaken idea that violence against women occurs only within cultural minorities. The government is targeting racial minorities by perpetuating offensive stereotypes rather than introducing constructive measures to prevent violence against women.

This bill, like the other legislative measures I mentioned, is not only shameful, it will be ineffective. It will not solve the problems it claims to address since the Criminal Code, specifically sections 273.3 and 292, already provides recourse for the offences created in this bill. What is worse, as in the previous examples, this bill politicizes the issue of sexual violence, and the criminal offences it proposes will only exacerbate the problem. The fight against violence against women begins on the ground. In order to win that fight, we must work with all of the partners available, including those in cultural communities, in order to develop and implement a preventive approach. The bill title alone is a major obstacle to establishing such partnerships with people that this government considers “barbaric”.

Beyond the matter of the title, some aspects of this bill jeopardize the safety of women and undermine efforts to combat violence against them. Bill S-7 would amend the Immigration and Refugee Protection Act to supposedly help combat polygamy. The fact that, under the bill, the mere suspicion of polygamy can result in inadmissibility to Canada or removal orders will have serious repercussions for women.

The testimony of Avvy Yao-Yao Go, the clinic director of the Metro Toronto Chinese and Southeast Asian Legal Clinic, during the Senate committee's study was particularly enlightening:

The bill seeks to deport people who are engaged in polygamy, and that would include the very women that the government claims it's trying to protect.

With respect to forced marriages, the measure providing for a prison sentence for anyone involved could prevent potential witnesses from speaking out.

I strongly believe that the criminalization provisions will be counterproductive. The government should opt to take the constructive method proposed by my colleague from Pierrefonds—Dollard in Motion No. 503 on forced marriage. This motion called on the government to increase funding to organizations working with potential or actual victims.

The organizations working on the ground, which do unbelievable work, have too few material resources. This causes some serious problems, especially when it comes to getting victims to speak out against the practices that victimize them. The government cannot simply punish people. It needs to give organizations in this field the means to protect victims and prevent these crimes.

We would also like to see a consultation process involving women, communities, organizations and experts to form a true picture of the issue and identify the best ways to address it.

I am astounded that the government is refusing to work with the people involved on the ground and to take the necessary measures to accurately quantify this phenomenon.

Other countries have already studied this issue and implemented measures, and we think we should follow their example. The United Kingdom has adopted a method that allows victims to choose between a civil process and a criminal process in the event of prosecution. Giving victims that power can give them the confidence they need to get help and report an individual without necessarily sending family members to jail. What happened in Denmark is also interesting, but for exactly the opposite reason. In 2008, Denmark introduced criminal offences similar to those set out in Bill S-7. In the seven years since, not one criminal has been brought to justice. This shows that Bill S-7's criminalization approach hurts victims by preventing them from reporting crimes.

Our primary objective should be to fight violence against women and help victims, not hurt them, which is what Bill S-7 could end up doing. We need to put an immediate stop to this stigmatizing rhetoric and adopt the proactive approach outlined in my colleague's Motion No. 503.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, a number of thoughts come to mind in regard to the government's approach to this legislation.

One of the issues is that member after member from the Conservative Party will talk about how appalled they are at violence against women, domestic abuse and so forth. However, I could talk at great length about other areas where we could be investing much more of our time here in the House. For example, members of opposition parties have been calling for a public inquiry into murdered and missing aboriginal women and girls for a long time now. They are now joined by mayors, premiers, and many different stakeholders from coast to coast to coast on the issue.

When we look at the bill, the government has obviously made it a very high priority, yet it seems to take very small steps in two or three areas.

The part that seems to be most controversial is the name itself. I wonder if the member could provide her thoughts on this question. If the government were to accept an amendment to change the name of the legislation, would the NDP be more open to supporting the legislation?

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, first of all, I thank my colleague for his question and for reminding everyone that the NDP has been calling on this government to launch an inquiry into the missing and murdered aboriginal women. Indeed, we need to bring in legislation or even a motion to really help women who are victims of violence of any kind. We are not here to criminalize them or further victimize them. Clearly, Bill S-7 has no place here. I urge all members of the House to oppose it.

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Mr. Speaker, they say that an ounce of prevention is worth a pound of cure.

The government claims to be a good administrator. However, if we look at just the administrative side of this bill, it seems to me that prevention measures would be better than punitive measures.

What are my colleague's thoughts on that, from a purely administrative point of view?

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I thank my colleague for her very good question.

Of course, from a purely administrative point of view, we are well aware of all the positive effects of prevention. Likewise, when we create prevention programs, we must inform and educate the people concerned.

In a society that claims to be evolved and civilized, it is high time we began with prevention, which should be at the heart of all our policy decisions.

[Annick Papillon, NDP, Québec, QC]

Mr. Speaker, with regard to my colleague's speech, I would like to reiterate the importance of avoiding extreme positions.

In any political position, it is important to reflect Canada and be nuanced and balanced. We must not be on either end of the spectrum.

Just by introducing this bill, the government is trying to influence people or scare them, not through the content of the bill, but by exploiting certain prejudices. I invite all the members of the House to be careful and avoid extremes.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I thank my colleague for her remarks.

In closing, I would like to quote Claude Lévi-Strauss:

The barbarian is, first and foremost, the man who believes in barbarism.

Believing in barbarism is to divide humanity into the “civilized” and the “savages”.

[Jay Aspin, Conservative, Nipissing—Timiskaming, ON]

Mr. Speaker, I am pleased to have the opportunity today to speak to Bill S-7, the zero tolerance for barbaric cultural practices act. The bill strengthens Canada's commitment to preventing and responding to early and forced marriage, and other barbaric cultural practices both at home and abroad.

As a member of the Standing Committee on Citizenship and Immigration, I am pleased to see that our government is taking action in protecting young women and girls. Last year, the committee undertook a study, “Strengthening the Protection of Women In Our Immigration System”, and I am pleased to see that some of the recommendations and comments from witnesses were taken into account when creating the bill.

I am proud to say that Canada has made ending child, early, and forced marriages a priority. In October 2013, Canada announced $5 million in new money to address the causes and consequences of early and forced marriages around the world. These funds were used for programs in Afghanistan, Ethiopia, Ghana, Somalia, and Zimbabwe. More recently, in July 2014, the Minister of Foreign Affairs announced that Canada is contributing $20 million over two years to UNICEF toward ending child, early, and forced marriage. The UNICEF project aims to accelerate the movement to end child marriage in Bangladesh, Burkina Faso, Ethiopia, Ghana, Yemen, and Zambia by supporting efforts in these countries to strengthen both programming and political support to end the practice.

Canada also played an important role in bringing world attention and action to this issue of child, early, and forced marriage, through actions such as spearheading the initiative to establish the International Day of the Girl Child, and co-leading with Zambia a United Nations General Assembly resolution on child, early, and forced marriage.

These barbaric practices predominantly affect women and girls and impair their rights and ability to fully participate in society. Equality of men and women under the law is a fundamental Canadian value that shapes Canadian policy and actions both in the international and domestic areas. Free and healthy societies require the full participation of women. Sadly, in many countries around the world, millions of women and girls continue to be prevented from full participation because of violence, including through inhumane practices of early and forced marriage.

It is both the reality and the strength of our country that Canadians of very different origins live and work side by side together. New Canadians work hard to learn our languages, our values, and our traditions, and in turn are welcome as equal members of the Canadian family. The languages, cultures, and traditions of new Canadians add to the diversity of Canada, which enriches our lives. At the same time, harmful cultural practices that go against Canadian values and are in violation of Canada's international human rights commitments will not be tolerated in Canada.

Our government is aware of the cases of Canadian children being taken abroad for early forced marriage. Canada is committed to protecting and defending those who are vulnerable to these practices, both domestically and internationally.

This summer, the Minister of Citizenship and Immigration participated in several consultations on these issues across the country. Participants told the minister that early and forced marriages are still a harsh reality in Canada.

Our Conservative government has demonstrated its leadership in this area by introducing the bill and also continuing to work with our international partners and community members to find ways to end such harmful practices, which tragically are happening each and every day around the world.

Bill S-7 will strengthen Canadian marriage laws by establishing a new national minimum age for marriage of 16 years. Currently, only in Quebec is the minimum age of marriage set at 16 years. This is because specific federal laws apply only in Quebec. In other parts of Canada, the common law applies. The bill will now set 16 years as the minimum age for marriage across Canada. Some may query why the bill has not raised the minimum age to marry to the age of 18.

The approach in the bill seeks to balance the protections for children against flexibility to reflect the choices of mature minors between the ages of 16 and 18 who make a commitment to one another, such as those who have a child together. It also aligns with the approaches taken in other like-minded countries.

Bill S-7 also contains measures that would amend the Criminal Code to criminalize certain conduct related to underage and forced marriage ceremonies by knowingly officiating or knowingly and actively participating at an underage or forced marriage. For example, these offences may apply to individuals who engage in conduct specifically intended to facilitate the marriage ceremony, such as acting as a legal witness, knowing that one of the parties is under the age of 16 or marrying against their will. These proposed new offences will be punishable by a maximum of five years imprisonment.

Proposed amendments will also criminalize removing a minor from Canada for a forced or underage marriage. This is done by adding the new offences in relation to underage and forced marriage in the existing offence of removing a child from Canada to commit female genital mutilation or sexual offences. This offence is punishable by a maximum of five years imprisonment. Bill S-7 maintains this penalty. Countries such as Australia and Norway have similar criminal measures which Canada has looked to in the development of this bill.

Other proposed amendments in this bill are prevention measures that will provide courts with the authority to issue peace bonds and conditions on an individual when there are reasonable grounds to believe that a forced marriage or an underage marriage will otherwise occur. As part of the conditions that would be available, a court could order a defendant to avoid making any plans or arrangements for a marriage, whether inside or outside Canada, to surrender travel documents or to participate in a family violence counselling program.

The creation of specific forced or underage marriage peace bonds to prevent someone from being taken abroad for the purposes of early or forced marriage is similar to forced marriage civil protection orders in the United Kingdom. In addition, Bill S-7 would amend the Criminal Code to ensure that the defence of provocation would not apply in so-called honour killings and many spousal homicides. Currently, any conduct by the victim, including insults and other forms of offensive behaviour that are lawful, can potentially qualify as provocation if it is found to be sufficient to cause an ordinary person to lose self-control, the accused was not expecting it and the killing was sudden.

The proposed amendment will limit the defence of provocation so that lawful conduct by the victim that might be perceived by the accused as an insult, or offend that person or their sense of family honour or reputation, cannot excuse murder. Only conduct by the victim that amounts to a relatively serious criminal offence, such as an offence under the Criminal Code punishable by at least five years in prison, could be argued to be provocation for the purposes of the defence.

The provocation defence has either been abolished or restricted in almost every common law jurisdiction like Canada, such as most Australian states, New Zealand and the United Kingdom.

Finally, to better prevent polygamy from occurring on Canadian soil, Bill S-7 would create a new ground of inadmissibility in the Immigration and Refugee Protection Act for practising polygamy. A criminal conviction or finding of misrepresentation is currently required before polygamists can be found inadmissible.

The bill would make amendments to the IRPA so polygamist permanent residents or foreign nationals who are or will be physically present in Canada with any of their spouses would be considered to be practising polygamy in Canada. The permanent resident or foreign national could be found inadmissible on that basis alone, without requiring evidence that the person misrepresented their situation or has a criminal conviction.

I have discussed some of the very important aspects of this bill, which sends a strong message that Canada condemns barbaric cultural practices not only domestically but internationally as well.

Canada has and will continue to be seen as an independent leader on these important international rights. While the opposition refuses to even call these practices “barbaric”, it is clear that our government is taking action to prevent these barbaric practices from occurring on Canadian soil.

I hope all hon. members of the House will support this important legislation that will protect victims, predominately women and girls, from such intolerable and inhumane practices.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I listened to my colleague's speech and we must admit that his main point is rather absurd.

The short title of this bill, which seeks to eliminate barbaric cultural practices, is obviously offensive. It is tinged with racism. Furthermore, we might ask why the Conservatives are trying to use this type of title and this type of bill. It is probably for election purposes. While we are at it, we could debate other barbaric practices. Perhaps we could discuss torture or the use of information obtained by torture.

I would like to know what my colleague thinks of torture, for example. Is that a barbaric practice?

[Jay Aspin, Conservative, Nipissing—Timiskaming, ON]

Mr. Speaker, I do not understand why the NDP does not get it. This is very simple. For the purposes of this initiative, the term “barbaric cultural practices” encompasses forms of gender-based family violence, early, forced and polygamous marriage, female genital mutilation and honour based violence. There is nothing racist about that. It is very simple, and I do not understand why the NDP is against the measures that we would put in place to stem these practices.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, maybe I can provide some clarity for the member. There is the content of the legislation itself, which deals with polygamy, forced marriage and early marriage by setting a minimum age. It also deals in part with some domestic violence issues.

We then have the short title, which has offended a great number of people for a wide variety of reasons. It is not understood why the Prime Minister's Office has determined that we have to incorporate the word “cultural” into the short title. Ultimately, it would not have any bearing on the legislation when the courts of Canada deal with it. They do not look at the short title of a bill and say that they have to use it as part of their interpretation in a disposition.

The government seems to want to make a political statement. The connotation of that political statement in the eyes of many, especially stakeholders and others, including myself, is that there is a racial component to it.

Why incorporate the word “cultural”? I am not interested in what the Prime Minister's Office has to say. I have heard a lot of the rebuttal coming from the Prime Minister's Office. I am interested in the member's personal opinion on that issue.

[Jay Aspin, Conservative, Nipissing—Timiskaming, ON]

Mr. Speaker, in the title, “cultural” does not refer to any one individual culture. In fact, many of the issues that we are concerned about are clearly present in a number of different cultures. A number of people who have been accused of these horrible and barbaric practices tell the courts how they treat women or how they treat their daughters as part of their culture. It is important to point out exactly what this is.

Furthermore, this question comes from a member whose party leader does not want to call these practices “barbaric”. We say exactly what they are. They are barbaric cultural practices and they have no place in Canada.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I rise today to speak to Bill S-7, which has a rather odd title. We are debating the Zero Tolerance for Barbaric Cultural Practices Act.

I listened to several colleagues on the opposite side of the House, and also on this side, talk about the title. We are talking about the title because the government clearly intends to start this debate in a rather extreme way. The government is generalizing. That has been the trend recently with the government and the Prime Minister. We also heard several Conservative members attack a culture or a cultural community that has already been targeted by a great deal of generalization. The Conservatives clearly intend to breed a culture of fear, whether through the debate in the House on what will happen with Canada's intervention in Iraq or through its practice of pigeonholing certain communities.

As a member of a cultural community myself, I believe that the government is intentionally seeking to divide people with its approach. The government wants to tackle this issue. We see that. Obviously, the Conservatives came up with a certain directive so that they could go back to their ridings, go on the radio and tell women to go back where they came from if they do not like how things are done in Canada. Unfortunately, that is what the chair of the Standing Committee on Transport, Infrastructure and Communities did. I am a member of that committee.

To come back to the debate we are having today on Bill S-7, let us be clear: the NDP is against forced marriage, underage marriage and polygamy. These issues are clear. Despite the rhetoric that we are hearing from the other side of the House, I think everyone here and all Canadians agree on these issues.

However, the government's level of debate is somewhat shameful. I am talking about form. With regard to the substance of the debate, when we listen to the Conservatives speak, we hear a bit about the main objective. However, the problem is the same as it is with many bills. I was a member of the Standing Committee on Justice and Human Rights for a short time and I saw Conservative bills that created criminal offences. When it comes to criminalization, the Conservatives' motto is law and order. As a result, they are making everything a crime. They are going to put people in prison. They are going to build megaprisons and that is how they are going to solve society's problems. Unfortunately, that is a very dogmatic approach that is so typical of the Conservatives. It really is their way of doing things. However, the problem with that is that they do not think about the people who will be affected.

In this particular case, when we talk about forced marriage, for example, we are talking about women and children, who are the most likely victims. They will technically be victims of the Conservatives' bill. That is why I will explain why I oppose this bill. The government comes in with a sledgehammer and says that we will throw people in prison without looking at the facts or listening to stakeholders. The government makes a broad generalization and then says that this is the solution. The government has no data on forced marriages, and we have no statistics to know what is going on in Canada. What is really happening?

As sensible legislators, we must look at what other countries are doing. I want to cite one of the examples given today, which I will continue to reference. If we look at what happens in Denmark, for example, we can see that a bill somewhat similar to the government's bill was passed in 2008, if I am not mistaken. Since then, not a single charge has been laid and there has been no meaningful impact.

Once again, the government has come to us with a bill that claims to change everything and fix everything, but in reality it does not address a real problem. Let me clarify. I am not saying that the situation is not a problem. I agree that forced marriages are a problem and that we are against them. However, the government's reaction is excessive. I am not defending the practice. I am simply thinking about the victims.

They want to deport or imprison people who practice polygamy, but that would victimize the women and children. The fact is that most of the people who practice polygamy are men, but the women, who do not always know it, end up suffering the consequences of this crime. Basically, I am worried about these children and these women.

Some of the measures in this bill are already in the Criminal Code. For example, we know that polygamy is not allowed in Canada, and that makes sense. The same applies to forced marriages.

The NDP is opposed to the government's approach because we have a different philosophy: prevention. It is not right to make such practices a crime without considering the consequences for families, women and children. We think prevention should come first. That is why I am so proud of Motion No. 563, which was moved by my colleague, our immigration critic. This motion outlines all of the measures we need to take. Here it is:

That, in the opinion of the House, forced marriages are a crime that constitutes violence against women and consequently, the government should: (a) strongly condemn the practice; (b) increase funding to organizations working with potential or actual victims; (c) consult with women, communities, organizations, and experts to form a true picture of the issue and to identify the best ways to address it; (d) allow women with conditional permanent resident status to remain in Canada if their partners are deported due to polygamy or forced marriage; (e) invest in information programs tailored to immigrant women; (f) develop culturally appropriate training programs for service providers dealing with immigrant women such as the police and social workers, as well as officers of the Canada Border Service Agency and the Department of Citizenship and Immigration; (g) restore funding to Status of Women Canada; and (h) implement the NDP’s national plan for a strategy to address violence against women.

I am proud of this motion moved by my colleague, our immigration critic, because it clearly explains our vision and our proposal. At the risk of repeating myself, the Conservatives favour criminalization while ignoring the consequences and without any prevention measures. When we talk about criminalization, it is all about a deed already done. It is about introducing punitive measures and putting people in prison.

We in the NDP believe in investing in prevention and education. It is not through bills with titles that include terms like “barbaric cultural practices”—and so many other Conservative bills—that we will promote dialogue and education. On the contrary, this shows a certain closed-mindedness.

I am not saying that the practices targeted by this bill are acceptable. On the contrary, they are completely unacceptable. However, as an elected member, it saddens me to hear the Prime Minister, some members and even ministers say things that make an entire cultural community in our society feel like it is under attack. This is not coming from me. Unfortunately, the Conservative government clearly had every intention of attacking certain cultural communities for purely partisan political purposes. It is troubling.

For that reason, and all the other reasons I mentioned earlier, I will be opposing this bill at second reading. The government should listen to what the opposition has to say, consult the experts and, above all, do its homework so that it really understands the consequences of its actions for the people it is trying to protect.

[Chungsen Leung, Conservative, Parliamentary Secretary for Multiculturalism]

Mr. Speaker, I heard the comments of my colleague. The member opposite does not quite understand that we are not targeting one culture or one cultural community, but those who use their culture as an excuse when practising these barbaric acts. People come to Canada to participate in a shared value, and these barbaric practices are certainly not our shared value.

Let me quote a human rights lawyer, Taima Al-Jayoush, who had this to say about the bill:

When we describe a crime as “barbaric” we are simply calling it what it is. No one should identify with it except the ones who have committed such a crime. It is not directed at any certain community.

Why will the opposition not stand up for these victims and take action? Since this is an important piece of legislation, it should not be playing a political game at this time. It should stand up for people's lives.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, as I mentioned—and I hope he listened to what I had to say—our concern is with the victim. We want to make sure that the victims are protected, and that is one of the problems New Democrats have with this bill.

This measure is not about prevention. The government is actually cutting funds for Status of Women.

On the one hand, as I explained, the bill simply criminalizes people, without really tackling the problem itself. The Conservative government has cut social programs, which has had a direct impact. I have met with community organizations that have told me that their funding has been cut.

These are organizations to help immigrants get involved and get integrated, and that is what the government is cutting. It is cutting funds to these organizations, and New Democrats see the problems that arise from that. Our concern is actually about the victims, the women and kids, who are affected by that. The government's actions are actually making it worse for them.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I would like to pick up on the member's comments about the NDP motion that he referred to regarding deportations, and the example that a spouse who has been subjected to abuse would be able to stay in Canada.

My question is about temporary visas or refugee claimants when deportations are involved. Is it the NDP's position, then, that in those two instances, if domestic violence is claimed, those people would also be allowed to stay in Canada?

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I have a quote from the clinic director of the Metro Toronto Chinese and Southeast Asian Legal Clinic. It is pretty clear, so I will read it. It states:

Attacking the issue of domestic violence through the lens of immigration and criminal law is wrong-headed. The bill seeks to deport people who are engaged in polygamy, and that would include the very women that the government claims it's trying to protect. The denial of permanent and/or temporary resident status to people involved in polygamous relationships will not have the desired effect of protecting women; it will simply bar women in such relationships from coming to Canada.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, I rise today on behalf of the constituents of Fleetwood—Port Kells to speak in this House in support of Bill S-7, the zero tolerance for barbaric cultural practices act. If the measures in this bill are implemented, they will amend the Immigration and Refugee Protection Act, the Civil Marriage Act, and the Criminal Code to add further protection for vulnerable individuals, in particular women and girls.

Unfortunately, gender-based violence is a sad reality for women and girls across this country. Whether they are Canadian-born or newcomers to Canada, in too many cases the violence comes in the form of abusive cultural practices that have no place in this country. I am speaking about practices such as polygamy, underage marriage, forced marriage, and so-called honour killings. These abusive practices have damaging and wide-ranging consequences for the victims, and they also harm victims' children, homes, and communities. Indeed, they severely affect all those involved, from influencing whether individuals can successfully immigrate to Canada to breaking down opportunities for integration and economic success.

Our Conservative government made a strong commitment in the recent Speech from the Throne to prevent and counter violence against women and girls within the borders of this country. The zero tolerance for barbaric cultural practices act is a concrete example of this commitment. Its proposed measures are worthy of the support of all parliamentarians, because they would clearly help ensure that barbaric cultural practices do not occur on Canadian soil. Bill S-7 would send a clear message to newcomers to Canada, as well as to those who are already part of Canadian society, that such practices are unacceptable here.

The Minister of Citizenship and Immigration participated in many round tables and consultations across Canada. Participants told the minister that early and forced marriage, so-called honour killings, and polygamy still occur in Canada. These practices that occur across all cultures and ethnicities will not be tolerated in Canada, and our immigration system will not be used as a vehicle to perpetuate these acts. This bill reinforces the message that these practices are completely incompatible with Canadian values and will not be tolerated.

As I said, one of these practices is polygamy, which although illegal in Canada, is an accepted practice in a number of other countries around the world. In a 2011 ruling that upheld the constitutionality of Canada's polygamy law, Chief Justice Bauman, of the B.C. Supreme Court, found that there were physical, psychological, and social harms associated with the practice of polygamous marriages. He found that women in polygamous relationships “face higher rates of domestic violence and abuse, including sexual abuse”, that “[c]hildren in polygamous families face higher infant mortality” and “tend to suffer more emotional, behavioural and physical problems, as well as lower educational achievement”, that polygamous families face “higher levels of conflict, emotional stress and tension”, and that “[p]olygamy institutionalizes gender inequality”.

For these reasons and more, we must enact measures that increase our ability to prevent polygamy from occurring on Canadian soil. Bill S-7 would do so by enhancing existing immigration tools to render both temporary and permanent residents inadmissible for practising polygamy in Canada.

Of course, polygamy is not the only cultural practice that contradicts Canadian values and that causes harm to its victims. That is why Bill S-7 contains measures to help counter early and forced marriages. These measures include setting a national minimum age of 16 years of age for marriage. Currently there is no national minimum age for marriage in Canada. Federal law, which applies only in Quebec, sets the minimum age at 16.

In other parts of Canada common law applies. There is some uncertainty about the common law minimum age, but it is generally considered to be 12 for girls and 14 for boys. Although in practice very few marriages in Canada involve people under the age of 16, setting a national minimum age of 16 or older for marriage would make it clear that underage marriage is unacceptable in Canada and will not be tolerated here.

Other proposed amendments to the Civil Marriage Act in Bill S-7 include codifying the requirement that those getting married must give their free and enlightened consent to marry each other and the requirement for the dissolution of any previous marriage. In addition, Bill S-7 contains measures that would amend the Criminal Code to help prevent forced or underage marriage and would create a new peace bond that could be used to prevent an underage or forced marriage, for example, by requiring the surrender of a passport, as well as preventing a child from being taken out of Canada.

Also notable are the measures in the bill that address so-called honour killings, which are usually premeditated and committed with some degree of approval from family or community members. However, in some cases they may also be alleged to be spontaneous killings in response to behaviour by the victim that is perceived to be disrespectful, insulting or harmful to a family's reputation. In Canadian law, an individual facing murder charges can raise the defence of provocation. If this defence is successful, it can result in a reduced sentence.

The defence of provocation has been raised, so far unsuccessfully, in several so-called honour killing cases in Canada. Accused murderers have claimed that real or perceived marital infidelity, disrespect, defiance or insulting behaviour on the part of the victims toward their spouse, sibling or parent provoked the killing.

This provision may or may not have yet been successful, but what happens if it is successful one day? We must not take the chance. No one should be able to use the defence that they violently harmed another because they were provoked. It is simply contrary to Canadian values for lawful behaviour by a person, no matter how it may be perceived as insulting, to excuse their murder.

That is why measures in Bill S-7 would amend the Criminal Code so that such legal conduct by a victim could never be considered as provocation.

In conclusion, I am sure all my hon. colleagues would agree that we must stand up for all victims of violence and abuse and take necessary action to prevent these practices from happening on Canadian soil. That is exactly what we would be doing by ensuring the bill's passage into law, and that is exactly why I hope everyone in the House will join me in supporting the passage of Bill S-7. I hope all hon. members of the House look past politics and vote in favour of the bill.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I listened to my colleague's speech.

The Conservatives' speeches unfortunately sound a bit like the speeches charlatans made in days gone by, when they tried to sell healthy people remedies that would solve all their problems and whatever was ailing them and even give them more energy.

In reality, this bill seeks to replace a host of Criminal Code provisions that in fact prevent assault-related abuses. Obviously, I am not talking about murder. We can talk about threats and coercion, but the troubling thing is that this comes back again to the famous defence of provocation, and it is applied strictly to one category of murder with a racist connotation or, in any case, to only a small part of the population.

I would like my colleague to tell me why this is being applied to that category, where this defence has never managed to prevent a conviction, when this exists for other categories of murder, which are just as unacceptable.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, let me be very clear. The zero tolerance for barbaric cultural practices act demonstrates that openness and generosity does not extend to early and forced marriages, polygamy, or other types of barbaric cultural practices.

Canadians, as I said in my speech, will not tolerate any type of violence against women and girls, including spousal abuse, violence in the name of so-called honour, or other violence. Those found guilty of these crimes must be severely punished under Canada's criminal laws.

The purpose of this proposed legislation is to stand up for the victims of violence and abuse and to send a very clear and strong message to those in Canada, and those wishing to come to Canada, that such practices will not be tolerated on Canadians soil.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, other Conservative speakers have said that this is meeting their goals and objectives from the 2013 throne speech. I would suggest that they have set the bar relatively low.

Violence and abuse of women and girls is a very serious issue, but does this legislation make a difference? There are some aspects, to which I have made reference all afternoon, that would make some difference. It is a step forward. However, it is nowhere near what the Conservatives are trumpeting from the rooftops in terms of what it actually does.

There is a great number of Canadians who are offended by the decision from the Prime Minister's Office to incorporate the cultural aspect in the short title.

My last question is to the member because we are under time allocation. Given the importance of the issue, why does she believe that the government incorporated such a provocative short title, which would not be utilized in a court of law. It is more of a political statement coming from the Prime Minister's Office. Why does she feel that “cultural” has to be incorporated in the short title when it offends so many Canadians?

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, let me repeat that our government announced its commitment to take these steps in the 2013 Speech from the Throne. This was followed up in the 2015 series of round table consultations, led by our Minister of Citizenship and Immigration, on violence against women in the context of immigration.

We think Bill S-7 is also consistent with the aims of the House of Commons Standing Committee on Citizenship and Immigration on the issue of protecting women in our immigration system. These actions contained in the bill build on existing initiatives that are aimed at ensuring that immigrant women and girls in vulnerable situations have access to support and services that meet their unique needs.

The zero tolerance for barbaric cultural practices act sends a clear message to those coming to Canada that forced marriages and honour-based violence, or any other forms of barbaric cultural practices, are unacceptable and will not be tolerated.

The bill therefore deserves the full support of all the members on both sides of the House.

[The Deputy Speaker, NDP, Joe Comartin]

Order. It being 6:15 p.m., pursuant to an order made on Thursday, March 12, 2015, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, NDP, Joe Comartin]

All those in favour of the motion will please say yea.