Mr. Speaker, I would like to congratulate you on your appointment. This is my first opportunity to do so.
I am pleased to rise in debate on Motion No. 312. I am proud to stand with my opposition colleagues in voting against the motion. Much of the discussion in the House has turned on the issue of debate, namely the Conservative member who introduced the motion insists that it does nothing more than foster debate over the definition of personhood in the Criminal Code.
In reality, this is just a backdoor to reopen the debate over abortion in Canada, a debate that has been closed for many years. This issue has been laid to rest in the minds of so many Canadians and, frankly, I share the astonishment that we are again in the House needing to debate something for which so many women and men fought tirelessly decades ago.
The member for Kitchener Centre, who sponsored this motion, claims that all he wants to do is improve the legal definition of a human being in Canada. His motion would create a special committee directed to review subsection 223(1) of the Criminal Code. By moving a motion that uses neutral language to review the current definition of a human being, a motion that does not say whether the proposed committee should amend or maintain the existing subsection 223(1), the member can claim that his primary concern is creating better laws. But that is not the case.
The mover of this motion does not deny that he is anti-abortion, but he framed Motion M-312 as an issue of archaic legislation. Let us be honest: an old act is not necessarily a bad act. The Constitution Act of 1867 is close to 150 years old. But no parliamentarian has tried to abolish the Constitution simply because it is old. Similarly, murder has been illegal for a long time, but I do not think that this government, which says it is tough on crime, will decide to decriminalize murder simply because the laws prohibiting it have been around for a very long time.
If he really thinks that subsection 223(1) is archaic, the member for Kitchener Centre should try to amend that section, rather than place the burden of research and decision making on a special committee. Why use resources funded by taxpayers so that parliamentarians can hold a debate that the vast majority of Canadians find undesirable and even offensive? Why accept these terms of debate when the mover himself has said that he would like the legal definition of a human being to include fetuses, thereby restricting abortion?
It is clear the member has ideas as to how he wants “personhood” defined in the Criminal Code. Why does he not just propose the change? Why does he not put forward for all Canadians to see exactly what he wants to have us legislate, instead of pretending he is neutral and is doing this in the interest of making better laws?
Truly, if the government were interested in better laws, it would not have gutted the Law Commission of Canada. It would not have closed the court challenges program. It would not insist on legislation that is unconstitutional. Just this week, we saw one of its statutes overturned by the Ontario courts.
The Criminal Code is in need of reform and cleaning. Indeed on this whole topic of personhood, the Criminal Code still speaks of therapeutic abortion committees, something the Supreme Court struck down in 1988.
If he wants to make a better Criminal Code, why does he not propose to remove this relic that hearkens back to a time when women did not have a choice?
As a non-lawyer, I cannot profess to be a great legal scholar, but I do understand that extending legal personhood to fetuses, the ultimate goal of Motion No. 312 according to its sponsor, would jeopardize the status of abortion in Canada because it would grant legal protections to fetuses such as the right to personal security. The question, of course, is where would that slippery slope take us?
Would this mean outlawing abortion entirely? Would we also then limit what women can do while pregnant? Think about it. If we start down this path, we can easily see the same member coming back here in a few years to say, “Well, abortion is illegal. Now why don't we make it illegal for women to work in their last trimester?”
Where would this assault on the rights of women end?
Canadian jurisprudence on the issue of fetal personhood is clear. A fetus may not be considered a person under existing law, aside from subsection 223(1) of the Criminal Code, which clearly states that a fetus is not a person until the moment of complete birth. A number of Supreme Court decisions have also indicated that a fetus cannot be considered a person in Canadian law.
It is no surprise to anyone paying attention that the government has been attacking our courts, limiting the power of judges through mandatory minimum sentences, reducing options for sentencing alternatives.
However, the law in Canada is settled here. The only suggestion the member opposite can seem to muster up for changing it is that it is old. That simply is not good enough, especially when it comes to the rights of women.
During the 2011 election campaign, the current Prime Minister promised that his party would not change the laws on abortion, saying:
[A]s long as I am prime minister, we will not reopen the debate on abortion. We will leave the law as it stands.
The Prime Minister should hold his party and that member to his promise.
The Liberal Party does not support reopening the abortion debate, in any way.
Frankly, it is a shame that we are wasting time debating this when Canadians are out of work, budget cuts across multiple sectors are putting the health and safety of Canadians at risk, there is a lack of affordable housing and many first nation communities live in circumstances that are downright appalling for a first world nation.
The Chief Government Whip said that he did not want women to return to a bygone era when some women had to resort to illegal and dangerous abortions. That should never happen in a civilized society. However, that is what might happen if abortion is criminalized.
We should not be turning back the clock on women's rights. Instead, we should be making progress together for women, be it on pay equity, reopening the offices of Status of Women Canada that were closed by the government, ensuring that affordable housing and childcare options exist and ensuring women are represented in public life through judicial appointments and the like.
When the member for Kitchener Centre and his colleagues talk about wanting to make better laws, why not solve issues relating to matrimonial real property on reserves for first nations? Why not create a pay equity commission and tribunal, such as has been called for by the Native Women's Association of Canada? Why not reverse the old age security decision that will harm senior women, who live longer than men and because of workplace discrimination may be in particularly precarious financial situations?
I am proud to be part of a party fighting for the rights of women, not turning back the clock through back door attempts to reopen the abortion debate and through retrogressive policies that prejudice the majority of Canadians.
Mr. Speaker, I expect this motion to be defeated and I will oppose it.
