Mr. Speaker, it is my pleasure to discuss Bill C-51, an act involving a variety of issues that have been put together. I will not deal with the entirety of the bill, but I will give a brief summary and deal with certain sections that are of particular concern.
This legislation has been described as consisting of four separate parts. The first part is provisions that deal with sexual assault and rules around that. I do not pretend to be an expert on this, and my speech will not concentrate on those areas of the bill, but what I am hearing from some of my colleagues is how certain sexual assault offences would be treated less seriously in this legislation than in previous legislation. That does concern me. I wonder why the government is making these changes. I do not see any reason to treat sexual assault offences less seriously in the future than we have in the past.
There are a couple of other provisions where it makes sense that they are grouped together. They are dealing with things that may be obsolete, or provisions that have been found to be unconstitutional. It makes sense those two would be together in this legislation, as they are sort of a cleanup in the legislation. They are no longer functional, and it is a housecleaning bill in that sense.
Then, for some strange reason, the government has put a provision in the bill about charter statements. It would require that statements and legal opinions about the Charter of Rights and Freedoms be attached to all government bills.
If I could give some advice to the government for the future, perhaps it should not try to package these four separate areas together. Issues around sexual assault in particular need their own legislation to be dealt with so members can properly discuss it and look for ways to provide justice both to the accused and to victims going forward. As has been mentioned, this is a criminal offence that has very profound life-changing consequences for those affected by it.
I am particularly interested in a couple of things the government has put together as far as obsolete provisions or provisions that have been found to be unconstitutional or are similar to other provisions that have been found to be unconstitutional. I understand the government's reason for putting in clause 28, where it repeals the offence to supply or procure a drug or instruments used to cause the miscarriage of a female person. I understand why it is putting that clause in to get rid of that element of the legislation.
Let me express my disappointment with it, because what that is doing is cleaning out what is left of the abortion legislation that we have in Canada. I know with the Morgentaler rulings and so forth it was struck down, so I can understand the government's legal reasoning on this makes sense. If I shared its philosophical perspective I would do this as a matter of housecleaning, but it does bring to the notice of the House that Canada is the only democratic country in the whole world that does not have legislation dealing with abortion. I, and I know other members of the House find that to be an absolute disgrace. This is really the last housecleaning aspect to get rid of what is left of legislation in our Criminal Code dealing with abortion.
Members of the House, particularly members who agree with me that this is a disgrace, should contemplate on this final bit of housecleaning to get rid of what is left of legislation that protected the life of the unborn and should actually think about possibly opposing this legislation on the final vote to send a message that we think something needs to be done to defend the life of the unborn. Again, I understand the government's legal reasoning behind it. I am not questioning it. However, I think the duty of the House is not just to always rubber-stamp what the courts have said. It also needs to send a message about what we feel is right and moral, even when the courts, in my view, usurp the role of the House.
The other change in this legislation that has caught the attention of a considerable number of people, including me, is regarding obstructing or violence to or arrest of officiating clergymen. Originally the government was arguing that this was an obsolete provision that needed to be taken out. However, I think what has happened in regard to this clause actually demonstrates that our democratic processes do work well in this country. Many Canadians were very concerned, because this clause has actually been used. I have been informed that not that many years ago it was used, I believe, with respect to St. Patrick's here in Ottawa. Members can understand why this would be of major concern.
I think the government was right to expand the definition beyond Christian clergy, such as a Roman Catholic priest. One can see very clearly how a rabbi conducting a service in a Jewish house of worship could be very concerned if someone came in to do a demonstration with respect to Israel, or if at a Muslim service something were to take place. A lot of foreign policy questions are, in some people's minds, now tied to religion. I think it was very important that the public spoke out and clearly said to the government that it is unacceptable to remove this and that it is something they want protected.
All forms of freedom of speech need to be protected and are of importance. Religious freedom of speech is not a singular, individual one, but rather it is done collectively. When a clergyman is officiating a service that is interfered with, it is interfering with something that is very profound and sacred to a group of people. It is invading their privacy. It is taking away from them an intimate, special moment, an act of connection with their god. The government's original suggestion was that this was redundant to other pieces of legislation, but I think it is clearly understood that is not the case. This is something special and distinct. The government did a wise thing by backing down under public pressure and to understand what this means to many Canadians.
My final concern with this legislation has to do with the requirement for charter statements being put into this bill. The bill is suggesting that every time the government brings forward a piece of legislation, it must table a charter statement in Parliament with the bill. If the current government wants to do that, that is its choice. I understand it has been done eight times. However, I have a couple of concerns with this.
When a legal statement involving the Charter of Rights and Freedoms is attached to a bill, it may very well give the public an incorrect impression as to the legality or illegality of the bill. I would expect all governments to check and be very thorough about whether or not a bill or a piece of legislation they are putting forward is just. However, a legal opinion from one, two or even three lawyers in the Department of Justice may be seen as something more than it is, something more consequential and more powerful.
My other concern about this is it could very easily be a way for the Department of Justice to steer, through its own opinions, political opinions of the government. Governments have the right to disagree with their own lawyers. They have the right to put forward legislation that pushes the grey line of charter rights. We have a notwithstanding clause. Governments do not even have to universally follow the Charter of Rights and Freedoms. That is the way it is construed. That is a concern I have. Again, if the government wishes to do it, it should feel free to do so. However, this is something that is creating an extra hurdle or perception that I am not sure members of this House would universally agree with.
Those are my concerns. I understand the basis for the legislation. However, there are things about this bill that I cannot support.