Mr. Speaker, I am pleased to rise today in support of the amendments introduced by the member for Provencher to Bill C-250.
Over the course of the past several months, my office has been flooded with mail from Canadians who are concerned that Bill C-250 will have negative consequences on their right to freedom of expression and freedom of religion.
While the Canadian Alliance rejects hatred directed at any group in Canada, it has consistently expressed concern about Bill C-250 on the basis that it raises serious concerns for fundamental freedoms.
While the bill has good intentions, good intentions often have unintended consequences, and when those intentions form part of our laws, the impact can significantly interfere with the ability of people to communicate or to adhere to essential matters of personal belief, religious or otherwise.
There are many court cases that the hon. member for Provencher brought forward. He talked about the Keegstra case in the Supreme Court and the Harding case in the Ontario Court of Appeal. The judges ruled that these defences would not significantly narrow the application of section 319(2).
The Harding case ruling significantly lowered the mens rea requirements by changing the standard from wilful promotion of hatred to wilful blindness. If a person failed to think about the possibility that his or her statements could promote hatred and a court decided that the works or writings did in fact promote hatred, that person would face conviction under this section.
It is for these reasons that the amendment presented by the member for Scarborough--Rouge River would only slightly amend the religious freedom defence as it applied to subsection (2) and it would not alleviate our concerns in any significant way.
Rather than relying on the current defences, which have been significantly narrowed by judicial interpretation, religious freedom would be better protected by a clearer exemption for religious text and religious instruction. One of the rejected amendments from the member for Provencher had that exact intention. It reads:
Nothing in section 318, 319 or 320 prohibits or restricts:
(a) dissemination of religious scriptures or texts;
(b) religious instruction based on, or public or private expression concerning, religious scriptures or texts;
(c) providing professional advice, or expressing a professional opinion regarding sexual orientation, including advice or opinions on medical, psychological or other treatment; or
(d) anyone from expressing their opinion on teaching materials concerning sexual orientation.
It is unfortunate that this amendment was not deemed in order by the Speaker of the House, since many members, including myself, will not be able to support the bill without those protections and exemptions.
While the Canadian Alliance opposes advocating hatred directed against any group of people, an unamended Bill C-250 is clearly not an appropriate legislative response to prevent the expression of hatred. The constitutional rights and freedoms of one group of Canadians should not be bartered away through an ill-conceived proposal to advance the interests of another group. Without additional amendments to safeguard these freedoms, I cannot support the bill.