Mr. Speaker, I thank my colleague from Scarborough East for agreeing to share his time with me as I acknowledge this issue which is occupying a great proportion of Canadians' collective consciousness. It is a debate where everyone has a usually firm opinion.
I would even add that this debate gives rise to more than argumentation, reasoning and ideas. It also gives rise to strong emotions, since morality, social conscience and religious beliefs come into play, whether we will or no.
It is therefore with some trepidation and with humility that I engage in this debate hoping to encourage a dialogue between groups and individuals of deferring views, and to encourage understanding, not only among colleagues who will be called to vote on the issue, but also among our constituents to whom we are all ultimately accountable.
As members of Parliament, we must look at all issues from a number of different perspectives, since we are simultaneously individuals, elected representatives and lawmakers. For the hon. members, in my opinion, examining these three roles is essential when establishing one's position on topics like the one now before us.
It is up to Parliament to protect minorities and it does so by first debating and then passing legislation. It does so when members of Parliament strike a balance between the three roles they play when they consider, not only their personal beliefs but also the opinions of their constituents and the implications for our constitution, our charter and all of the laws they encompass.
Personally, I am a Canadian citizen, a native of Ontario and a child of francophone parents. This is an important aspect of my life, since I have often fought long and hard—and sometimes still do—to obtain certain fundamental rights, such as the right to be educated in my mother tongue. As a result, I became very aware of the reality faced by minorities. This was primarily before the Charter of Rights and Freedoms was adopted.
I want to recognize the contribution of a Premier of Ontario, the Hon. Bill Davis, without whom francophones would probably not have access to a high school education.
This was before the Charter of Rights and Freedoms, which was adopted in 1982. People knew at the time that it would have a major impact on our society. It did, in fact, have such an impact.
The charter that we adopted is of great importance in my life and in the lives of numerous individuals and minority groups. In the application of the charter and laws that have been adopted since, we as a society have learned to live and let live, and to respect that others may and will have different points of view. I have also learned to be proud of my country and in its capacity to evolve, to accept and then to embrace change both pre- and post-charter.
Various fundamental decisions have been mentioned, such as giving women the right to vote. No one would dare consider reopening this for debate today.
Remember the flag debate. It was divisive, but today we are all proud of the flag.
The same is true of the decriminalization of homosexuality in 1969. No one I talked to since this debate began has suggested that we go back to the way things were in 1969.
On the issue of marriage, I think that there has also been an evolution. That is why I am talking about it today. I think that most Canadians agree that marriage is not just an institution to ensure procreation and the survival of the species. It is also a social institution covered by legislation and by comprehensive jurisprudence to protect spouses and their offspring, if any. Finally, it is also an institution by which a couple seeks love, a shared life and understanding.
As members of the House of Commons, we have a responsibility to represent the will of the citizens of our ridings to the best of our abilities, citizens who come from all walks of life, who adhere to different political philosophies and who hold every opinion imaginable. In this sense, the views of the majority must be carefully weighed and given precedence when they do not impede on the rights of the minority.
This brings me to the point that, in addition to representing the many points of view of my constituents, I was also elected to make decisions. Of course we always do our best to make the right decision, in other words, the decision that best represents the will of the public we represent.
The wonderful thing about this responsibility for making decisions is that the final decision always rests with the public we represent. If the people in my riding are unhappy with my decisions or my votes, they can choose, every four years or less, not to re-elect me.
Judging from the correspondence, the telephone calls, the e-mails, the conversations I have had and the comments I have heard since the Ontario Court of Appeal precipitated this debate, a majority, albeit a slim one, but a majority of the constituents of Ottawa—Vanier are in favour of recognizing the rights of homosexuals to marry.
Polls published in different papers, undertaken by different companies, have tended to indicate that is so. Therefore, in the case of Ottawa—Vanier, I believe I uphold both the will of the majority and the rights of the minority by being in favour of extending the right of marriage to same sex couples.
There is the issue of member as legislator. Before beginning my work, I took an oath, and from time to time, I have to think back to this oath to uphold the Constitution, the laws of the land and democracy.
I had to do so in two cases where I intervened in court proceedings to help people who were appearing before the courts to have their rights upheld, namely in the Montreal rally case, and now in another case that will soon be heard: the Quigley case, which pits an individual against this parliament.
I must perform my role as legislator with respect, responsibility and balance. In terms of respect, I would like to refer to the religious aspect of the word “marriage”. I think it behooves us to protect the ability of religious groups to discriminate, to say that they will not offer the sacrament of marriage to homosexual couples, based on their own beliefs, the way the Roman Catholic Church does with divorced couples, or other religions.
We must also protect the ability of a religious group to say yes, we agree to recognize same sex couples, the way the United Church does.
Because the charter guarantees freedom of conscience and religion, this freedom must be available to all and not just to those who accept, or do not accept, same sex marriages.
Then there is the aspect of responsibility. There is no doubt whatsoever, under the Canadian constitution, section 91, subsection 26—which I imagine we are now all familiar with—that the matter of marriage and its fundamental conditions falls under the jurisdiction of the Parliament of Canada. It is also a matter of national uniformity on this. As a result, when the constitution was drafted in 1867, this matter was designated as a federal responsibility.
I have read the court interpretations of the cases in Quebec, British Columbia and Ontario, and accept them. I am applying my own reasoning. I also believe that the charter is very clear, and this is what is seen from a reading of these decisions. The charter is very clear; we cannot discriminate, we cannot have a separate regime unless we invoke the notwithstanding clause, and that is a debate for another day.
Finally, we must seek some balance. This leads to this criterion, where I believe it is possible for Parliament, with one law, to respect the charter, that is the civil aspect of the word marriage, to recognize that all couples, whether of the same sex or opposite sexes, must be able to be married, because this is a contractual matter, and to also recognize the religious meaning of marriage and to protect that, in order to protect the ability of the various churches and sects to discriminate.
I think that the legislator would in this way have attained a respectful and responsible balance, and this law would then meet the charter test and the section 1 test. I would just like to quote section 1 of the Charter of Rights and Freedoms, which reads as follows:
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
I therefore believe that all of the elements are in place in order to be able to effectively fulfill our triple role as MPs and to create a situation with which the large majority of Canadians can identify and feel comfortable.
Finally, I wish to share with colleagues that the notion that this Parliament should deal with this legislation is one that I share. I have heard many colleagues mention today that they would prefer that Parliament be seized of this bill instead of sending it to the Supreme Court for reference. I share that view and I believe that if we as parliamentarians were seized of that legislation and passed it, it would stand the test of the charter and section 1 of the charter.
