Mr. Speaker, I have never, not in all the time I went to law school and read legislation, and certainly not in the last four years that I have had the honour to serve the constituents of Saanich—Gulf Islands in this place, seen such an absurd excuse for legislation as this piece of nonsense. This law, this so-called zero tolerance for barbaric cultural practices act, is nothing more than a bumper sticker in search of an offence.
I am deeply offended that this place has had to waste its time with debating this law. It is defended by those who stand on the Conservative side of the House say how could we not act to end honour killings. If honour killings were rampant and Canada had no laws against honour killings, I would say that we are well past time, by God, to eliminate honour killings.
However, murder has been against the law in Canada for a really long time, ever since Confederation, and well before it. It is extraordinary that something that goes under the absurdly exaggerated and emotionally-laden, manipulative title of “zero tolerance for barbaric cultural practices act” could be brought to this place at all.
We are also told we must end polygamy and forced marriage. These things are already illegal. Polygamy is illegal in Canada. Kidnapping someone and forcing that person into marriage is already illegal.
This act, issue on issue, is nothing more than emotionally-manipulative nonsense.
I started thinking of amendments and I started thinking that if we wanted to have a bill like this, zero tolerance for barbaric cultural practices act, it was about time we eliminated and made it illegal to stone people in the village square. Long since time, this Parliament acted against that. Why do we not have it in our laws that it would be illegal to tie women to a stake and burn them at the stake?
The bill speaks to things that are already illegal. Therefore, what would it do to actually change the current laws?
This is where I am also indebted to the speech we have just heard from my hon. friend in the New Democratic Party who identified many of the failings in the legislation.
The legislation has had significant criticism for groups, such as UNICEF and the Canadian Bar Association. They are concerned that if this law goes forward in the absence of any public policy reason to bring forward Bill S-7 at all, it will actually do damage to the scheme of laws in our country.
I also put forward amendments at committee to try to improve the sections of this law that would do harm to the scheme of laws in Canada, to ensure that children would not be caught up in this legislation. For instance, under this legislation, anyone who assists in the celebration of a marriage could be subject to penalty, and that could include children who are present who assist in the form of a marriage, who are part of a family that is engaged in polygamy illegally. Certainly, children should not be subject to criminal activities.
My amendments to eliminate children from the celebratory observing of an illegal marriage were unsuccessful, as were similar attempts from the New Democrats.
We have legislation that is designed for election purposes. When I say “bumper sticker”, I mean it literally. It will not respond to a public policy problem. Honour killings are, of course, deeply offensive, and are against the fabric of laws in our country. They are against our values. They speak to a manipulation and suppression of women, and that is unacceptable. All of that is already illegal.
Let us look at what the law would do that could affect the lives of children.
UNICEF said this in its brief, and it is always important to go back to the testimony of expert witness:
UNICEF Canada is concerned about the risk of retribution to children implicated in a forced marriage situation that can result when a family member or an adult agent acting on their behalf is summoned to appear before a court, and possibly subject to a peace bond pursuant to proposed Criminal Code provisions.
UNICEF continues:
We recommend that law enforcement authorities consult with child protection specialists...to the extent possible, prior to commencing a legal process involving criminal law sanctions so that less intrusive and/or supportive alternatives to protect and assist the child(ren) and restore or preserve their familial relations can be identified...
I will skip down to another conclusion in the UNICEF brief, because it is an important evidence that an organization dedicated to the rights of children globally would have found problems with a Canadian law. I do not think I have ever seen UNICEF present a brief to a Canadian legislative tribunal committee related to legislation like this.
It recommends:
We recommend that Canada take all due legal and administrative measures to ensure the unfettered access across borders by a child or children to a parent from whom they have been separated in the context of immigration - such as where a parent dissolves a polygamous union for the purpose of emigration to Canada and leaves a child or children behind in the country of origin, or where a parent is removed from Canada due to a polygamous union, but their Canadian-born children remain in Canada.
The fact again is the concerns for children, and I think quite inadvertent implications for depriving children of their rights, as well, as my colleague from Pierrefonds—Dollard had already mentioned in detail, we could actually be subjecting women to greater punishment through legislation that is at least ostensibly about acting to protect the rights of women.
We have seen a number of briefs come forward that were concerned about this issue of the rights of women, and I turn to the brief from the Canadian Bar Association. It also said:
Rather than protecting women, this would go against Canada’s obligation to protect the human rights of all women, particularly those forced or coerced to comply with certain cultural practices against their will. Those women will not have the opportunity to come to Canada and be afforded the respect and protection that Canadian women are offered.
I will turn to another section of the bill. In addition to the fact that the bill is unnecessary and is making illegal things that are already illegal, while trying to stir up the populace that somehow Canada is at risk from barbaric cultural practices, we see a quite unnecessary and regressive step in this legislation, and that is the change to access to the criminal defence of provocation.
As a former lawyer myself, although I did not practice in criminal law but I certainly remember my criminal law jurisprudence, the defence of provocation is not one that could ever apply in an honour killing situation. It is by definition a defence that is raised when something happens in the heat of the moment. This is when someone is overcome and lacks the ability to think through a situation because he or she is so provoked by the situation in front of him or her.
Criminal law experts spoke to the committee, and I will cite the evidence of one in particular, Mr. Michael Spratt, who was at one point in the Canadian Bar Association and head of their criminal law subsection. He is a criminal lawyer and was at one point vice-president of the Defence Counsel Association of Ottawa. Mr. Spratt spoke to the unintentional consequences, or perhaps intentional if one were to be cynical, of depriving a defendant who needed the defence of provocation in a situation where manslaughter or murder had been committed. Mr. Spratt said:
—provocation requires that there be a wrongful act or insult that would be sufficient to deprive an ordinary person of the power of self-control. Honour killings, the purported justification for the amendments to provocation in this bill, don't meet that criteria. Our courts have time and time again rejected religion and honour as a basis for provocation.
What the criminal bar goes on to point out, and this was not the only submission, is that by depriving the defence of provocation where it is needed, one could do serious injustice in other cases. Therefore, in monkeying about with the defence of provocation in the guise of eliminating that defence for someone who commits an honour killing, this will undermine the criminal law system in our country beyond the specifics of honour killing.
I close by saying I hope that, after October 19, we will not see any other government deciding to misuse the legislative process to invent titles for bills that are intended to excite the population, titles of bills that are invented solely for electioneering. I hope we can go back in this place to doing the people's business by identifying public policy problems, bringing the best minds to bear, and bringing forth legislation that meets a real need, not a bumper sticker.