Mr. Speaker, I am pleased to rise to speak to Bill S-7, zero tolerance for barbaric cultural practices act.
I want to comment on two confusions that have arisen in the context of the debate of the bill and were also reflected in some of the testimony before committee.
I want to briefly touch on two topics today: the first concerning the proposed minimum age for marriage; and the second, about the definition of “practising polygamy”.
During the debate and in the testimony before the Standing Committee on Citizenship and Immigration, there was considerable discussion about whether the bill should have set the minimum age for marriage even higher than 16 years of age, as is proposed, with some suggesting that age 18 would be more appropriate.
In Canada, the age at which individuals can marry without additional consent is either 18 or 19, depending on the province or territory. Under our Constitution, it is within provincial and territorial jurisdiction to make the determination of “independent marriage age”.
Under our Constitution, it is the jurisdiction of the Parliament of Canada to determine the age below which no minor may legally marry, sometimes called the “absolute minimum age for marriage”. Right now in Canadian law, federal legislation specifies that age 16 is the absolute minimum age for marriage only for the purposes of the law in the province of Quebec. Elsewhere in Canada, because there is no federal legislation, the common law still applies and it is usually interpreted as an absolute minimum age for girls of 12 and for boys of 14.
The other issue I wanted to touch on is concern that the bill has no definition of “practising polygamy”. One witness before the Committee referred to the decision of the British Columbia Supreme Court in the Polygamy Reference case and suggested that it did not determine the meaning. This is incorrect.
There was disagreement before the court on the correct interpretation of the Criminal Code polygamy offence, but Justice Bauman clearly indicated that polygamy was a form of marriage involving more than two people, and included legal marriages, as well as “purported forms of marriage”, meaning religious marriages that were not recognized in law, but where the parties believe they were bound together. He further accepted the Attorney General of Canada's argument that “marriage” was a form of union that is dependent on an event, a ceremony of some kind that sanctions a union of individuals. It is absolutely clear that polygamy does not include common law relationships or other informal relationships, such as polyamory or affairs.
All of the evidence presented demonstrated the harms, both to individuals and to society, of multi-party marriage. These harms of polygamy caused Justice Bauman to find the prohibition against polygamy constitutional .
Clear guidance with respect to the meaning of "practising polygamy" will be provided to front-line immigration officials.
Another witness suggested that only the man was practising polygamy because of his union with more than one spouse, but that the women in a polygamous union should not be included because their union was to only one spouse. This suggestion, while I am sure well-meaning, completely defies logic.
The final point I want to make concerns another confusion. Some have suggested that a person who is married to someone and either does not know that the person is already married to someone else, or who is forced into that marriage, would be considered to be practising polygamy. This is completely untrue. Under the Criminal Code, a person who has no actual knowledge that he or she are in a polygamous union, or a person who was forced into such a union, has not behaved in a morally blameworthy manner, which is the cornerstone of the criminal law. If a person is unaware of relevant facts, or has been compelled to act, he or she is not guilty of a criminal offence.
Bill S-7 would protect young people from early marriages by enacting a new, national, absolute minimum age for marriage that would apply to all marriages performed in Canada, and to all marriages performed outside of Canada that involved young people ordinarily resident here. This is an important protection for all our young people. I have been told of instances where young people are excused from classes to be married by telephone at age 12 and 13. That will no longer be possible once the bill receives royal assent.
The bill would also give young people the ability to tell their parents that they could not be forced to marry someone they did not want to marry because it was against the law. It would give young people the ability to ask for a court order to take their passports from their parents if they were afraid they may be taken out of the country to marry.
These are important changes in the law to protect vulnerable youth until they are old enough to better know their own minds. Marriage is hard enough, and young married couples will face many challenges without adding to them the burden of marrying too young or marrying someone they do not wish to marry.
Our government is taking a strong stance against these practices and is leading international efforts to address them as a violation of basic human rights. I hope all members of the House will join with me in supporting this important bill.