Madam Speaker, I rise today to speak to Bill S-210, an act to amend 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.
The bill we are debating today does nothing but change the short title of the bill that was passed in Parliament a year ago. Let us think about that for a moment. We are debating a bill which its entire purpose is to delete a short title.
When I went door-knocking in 2015, not a single person said that they hoped I could go to Ottawa so I could spend my time debating the changing of a title of a bill. Anyone listening to this debate will probably wonder why Parliament has chosen to spend debate time, committee study time, and so many other aspects of its resources on a bill that does so little.
I could spend my time arguing that this is becoming a hallmark of the Liberal government. It spends far more time, effort, and Canadian taxpayers on gestures rather than taking concrete actions to address challenges facing Canadians. Yesterday's budget is a perfect example of that.
Instead, I will set the context for the reason why Bill S-7 in the last Parliament was necessary and then review the concrete measures that the bill enacted to protect Canadians.
The bill was put forward by our former Conservative government to take action to prevent forced marriage and the so-called honour killings. A British website describes forced marriage as taking place when the bride, groom, or both do not want to get married but are forced by others, usually their families. People forced into marriage may be tricked into going abroad, physically threatened, and/or emotionally blackmailed to do so. Forced marriage is wrong and cannot be justified on any religious or cultural basis. It is a form of violence and/or child abuse and it is a violation of human rights.
Forced marriage also often involves children and young girls. Child marriage often compromises a girl's development by resulting in early pregnancy and social isolation, interrupting her schooling, limiting her opportunities for career and vocational advancement, and placing her at increased risk of domestic violence.
In June 2017, a Canadian woman named Samra Zafar gave her account to CTV news on why it was so important for us to take action to prevent forced marriage in Canada. I am going to share her story from the article.
She said she was just 16 years old when her mother told her she would be marrying a 28-year-old man in Canada. Think about that, 16 years old and being forced into marriage with a 28-year-old. Against her wishes, Zafar left her Pakistani family's home in the United Arab Emirates and started a new life with her husband in Mississauga.
Over the next decade, she said she endured abuse of all kinds as she raised two daughters and tried desperately to obtain a university degree so she could get out of her marriage. She eventually succeeded and is now speaking out about other child brides and forced marriage, a problem she says is prevalent, even in Canada.
Zafar said, “It’s actually shocking how much it happens here...Since I have started speaking up about it, I get approached by women and girls all the time.”
Forcing very young girls into marriage is a serious global problem. In Canada, marriage laws vary among provinces and territories, with the legal age of marriage generally set at 18. However, in many provinces, a person with consent from both parents can be married at age 16 or 17.
Saadya Hamdani of Plan Canada said, “Those exceptions can lead to forced marriage because the bride’s consent is not explicitly sought...The cultural value that is attached to marriage is a very big problem.”
It is estimated that each year 15 million girls around the world are married before the age of 18. In September 2013, the South Asian Legal Clinic of Ontario released a report that counted 219 confirmed or suspected cases of forced marriage in Ontario and Quebec in just two years. In 57% of the cases, people were taken out of Canada to get married.
As Canadians, we are moving toward a space of true equality of persons. This means freedom of choice for individuals. It means protecting the vulnerable. It means working toward a Canada where men and women are not forced into situations that result in a lifetime of harm and devastation.
Our former Conservative government knew that Canada was not immune to this issue and took concrete action to help prevent this from happening with Bill S-7. It was created to protect vulnerable men and women from the cultural practices of forced marriage, to protect them from the many consequences such as mental health issues, sexual assault, verbal and emotional abuse, and many others.
To give an overview of the original Bill S-7, I want to highlight a few of the key components.
We amended the existing offence for a legally authorized officiant who knowingly solemnized a marriage contrary to provincial law. To clarify that. this also includes a marriage that was contrary to federal law, including a forced marriage or a marriage under the age of 16.
We created a new offence prohibiting the active and knowing participation in a forced marriage ceremony by any person, including parents or other family members of the person being forced to marry, or the performance of a forced marriage ceremony, whether or not the person is legally authorized to solemnize a marriage.
We created a new offence prohibiting the active and knowing participation in a marriage ceremony involving a person under the age of 16 by any person, including parents or other family members of the person who is underage, or the performance of an underage marriage ceremony, whether or not the person is legally authorized to solemnize a wedding.
We also extended the existing offence of removing a child from Canada for the purpose of having certain offences committed abroad to include the removal of a child for the purpose of a forced marriage or a marriage under the age of 16 outside of Canada.
We introduced a new peace bond that gives the court power to impose conditions on a person when there are reasonable grounds to fear that a forced marriage or a marriage under the age of 16 will otherwise occur.
Bill S-7 also amended the Criminal Code to address concerns that the defence of provocation has been raised in several so-called honour killings in Canada. These cases involved accused persons who killed their wife, sister, or sister's fiancé and alleged that the killing was motivated by their perception that the victims had brought dishonour to their family through their conduct or choices, taking into account their cultural views about appropriate gender roles and behaviour.
Prior to Bill S-7, the defence of provocation allowed persons to commit first-degree murder but seek the more lenient charge of manslaughter by arguing that the victim's conduct provoked them to lose self-control and commit the murder. Prior to Bill S-7, any conduct by the victim, including insults and other forms of offensive behaviour that are lawful, could potentially qualify as provocation if it was found to be sufficient to cause an ordinary person to lose control, if the accused was not expecting it, and if the killing was sudden. Bill S-7 limited the defence of provocation so that the lawful conduct by victims that might be perceived by the accused as an insult, or offend that person or that person's sense of family honour or reputation, could not be used to reduce murder to manslaughter.
From an immigration point of view, the original bill ensures that all who are vulnerable to forced marriage will be protected, from those who are newest to our country to those who are born in Canada.
The fact that the Liberals just want to change the name of the bill but not change any form or substance of the bill affirms that they agree with our previous Conservative government's approach to Bill S-7.
All these changes are common sense and have the potential to save lives, which is what the Liberal government should be spending its time doing. However, the bill we are debating today is another example of the government wasting time while trying to appear progressive through the amendment of a bill made by the Conservatives.
The bill before us today, Bill S-210, does nothing to help solve serious societal problems created by forced marriages and so-called honour killings. Instead, it could be argued that it seeks to distort public understanding of the severity of the impact of issues such as forced marriage and so-called honour killings, by arguing over how harshly we should denounce these practices.
These are typical Liberal tactics, placing before the rights of victims the feelings of those who hold the abhorrent attitude that practices such as these are tolerable. That is why our previous Conservative government put in place Bill S-7 to protect vulnerable Canadians, yet here is the priority of the Liberal government, standing here arguing semantics instead of discussing real change to prevent crimes like forced marriage from happening. How reprehensible. How very Liberal.