Mr. Speaker, I am very pleased to have the opportunity today to speak on Bill S-7, the zero tolerance for barbaric cultural practices act, 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.
In the Speech from the Throne in October 2013, our government promised it would ensure that no young girl or woman in Canada would become a victim of any cruel practice that violates basic human rights. Such practices are not acceptable on Canadian soil. Bill S-7 would send this clear message to all Canadians and those coming to Canada.
Bill S-7 would deliver on that promise. The zero tolerance for barbaric cultural practices act would demonstrate that Canada's openness and generosity does not extend to early and forced marriage, polygamy, and other types of barbaric cultural practices. Canada will not tolerate violence against women or girls, including spousal abuse and violence in the name of so-called honour. Those found guilty of these crimes will be severely punished under Canada's criminal law.
This bill would establish a national minimum age of 16 for marriage in the Civil Marriage Act. Currently, a minimum age of 16 for marriage exists only in federal legislation pertaining to Quebec. It has never been legislated for the rest of Canada. As a result, the common law applies, which is usually interpreted as a minimum age of 14 for boys and 12 for girls. This bill would set 16 as the minimum age for marriages across Canada, consistent with current practices in countries such as the United Kingdom, Australia, and New Zealand.
The Civil Marriage Act would also be amended to codify the legal requirements for free and enlightened consent to marriage. Currently the legal requirements for free and enlightened consent for marriage and for ending an existing marriage prior to entering another are legislated in Quebec. Consent is the most critical aspect of a lawful marriage. This amendment would make it clear that no Canadian should ever be forced to marry against their will.
Amendments to the Criminal Code are proposed to provide protection against early or forced marriage, prevent victims from being removed from Canada, and effectively punish perpetrators for violating Canadian laws. The proposed amendments in Bill S-7 are very important because they create offences that specifically address the social harm caused by the public sanctioning of these harmful practices.
More so, the bill proposes two new offences that would extend criminal liability to anyone who knowingly celebrates, aids, or participates in a marriage ceremony in which 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 aids the marriage ceremony taking place. This would include, for example, transporting an unwilling bride to the ceremony or acting as a legal witness.
It is important to note that a person could not be prosecuted for merely being at the scene of a crime and witnessing it; a person would need to have engaged in some conduct specifically directed toward helping an early or forced marriage to occur.
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 the country. This government is aware of the very disturbing stories of Canadian children being taken abroad for a forced or early marriage. They are told that they are going overseas to a relative's wedding, only to discover upon arrival that the wedding ceremony is, in fact, their own.
Child protection officials who believe that the child will be removed from Canada for a forced or underage marriage lack the requisite legal tools to intervene and to prevent the child's removal from Canada. This bill would change that by adding new offences related to an underage or forced marriage ceremony to the list of offences in the provision that makes it a crime to remove a child from Canada.
The Criminal Code amendments provide a foundation for the very important prevention measures in Bill S-7 to protect vulnerable Canadians and residents from early and forced marriages. The bill proposes to introduce specific forced or underage marriage peace bonds.
Peace bonds, which are preventive court orders, currently exist in the Criminal Code and are available in circumstances when a person fears, on reasonable grounds, that another person will cause them personal injury or will commit certain types of offences. Amendments would provide courts with the power to impose conditions on an individual when there are reasonable grounds to fear that a forced marriage or a marriage under the age of 16 will otherwise occur. For example, an order under the new peace bond provisions would prevent a victim from being taken out of Canada and would require the surrender of a passport.
We have heard that many victims of forced marriages are reluctant to contact the authorities prior to the marriage because they do not want their parents or other relatives prosecuted. These peace bonds are an important option available to victims of forced marriages who might be reluctant to contact the authorities prior to marriage because they do not want their parents or other relatives prosecuted. These peace bonds would also reinforce the clear message that forced and underage marriages will not be tolerated in Canada.
Another important measure in Bill S-7 proposes to amend the Criminal Code to limit the defence of provocation so that it would not be available in so-called honour-based killings or many spousal homicide cases. The defence of provocation can currently be raised by a person who is found to have committed murder on the basis that a wrongful act or insult by the victim was sufficient to deprive an ordinary person of the power of self-control, causing them to act suddenly, before there was time for their passions to cool. If successful, even though the person is found to have committed a murder, they are instead convicted of manslaughter.
This bill proposes to restrict the application of the defence of provocation so that it would no longer be available to those who intentionally kill another person in response to conduct that was legal. It would only be available when the victim's conduct amounted to a relatively serious criminal offence.
It is an important amendment because, as a society, we need to send a clear signal that murder should not be excused because the killer was insulted or embarrassed or suffered some other emotional upset. The strongest penalties should be imposed for murder committed because a person was unable to control the actions and decisions of another person.
Finally, Bill S-7 addresses polygamy and reinforces the message that it is a practice that is an affront to Canadian values. Amendments to the Immigration and Refugee Protection Act would specify that a permanent resident or a foreign national is inadmissible on the grounds of practising polygamy in Canada. It would allow for the removal of non-citizens who practice polygamy in Canada without the need for a Criminal Code conviction.
I am very proud that the government is sending a strong message to Canadian society and to the world that Canada will not tolerate barbaric cultural practices. I hope that all members of the House will join me in supporting Bill S-7.