Madam Speaker, I am pleased to rise to take part in this debate, which has been at times a very heated and often divisive subject before the House. The legislation is the modernization of benefits and obligations act denoted in Hansard as Bill C-23. It was tabled in the House on February 11 this year.
It is focused on the human dynamics that exist in the country with respect to the rights and obligations that flow from human relationships and the recognition thereof in law. The bill has raised the ire on certain occasions and certainly caused a lot of members of parliament and a lot of Canadians to be inward looking. This is omnibus legislation which means it touches a great number of statutes, 68 in total, and extends benefits and obligations to same sex couples on the same basis as opposite sex common law couples.
The subject as I refer to it is sometimes outside the comfort level of many in this place and many around the country. Yet for most of us it becomes a question of fairness and equitable treatment with respect to benefits that accrue and benefits that would flow as a result of human relationships.
A distinction remains with respect to same sex couples. Many would view the differences as alive and well irrespective of the legislation passing through the House. In the eyes of many there is a clear distinction between same sex couples and opposite sex couples.
This legislation levels the playing field with respect to fiscal rights and obligations. As has been referred to by many other members in this place and many who have given commentary on the bill, it is a bill that respects the Supreme Court of Canada and which is consistent with the Canadian Charter of Rights and Freedoms.
Of course with our charter obligations comes the responsibility to respect the law. To do otherwise, to deny equal treatment under the law and before the law to same sex couples or partners would be contrary to Canadian law as it exists and certainly contrary to our charter. The ruling made in May 1999 in the M and H case that was handed down by the Supreme Court of Canada made it clear that governments and agencies cannot limit benefits or obligations by discriminating against same sex common law relationships. The Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act speak of equal treatment and fiscal fairness under our law.
The Progressive Conservative Party of Canada approaches this bill as we approach many bills that have a moral underpinning, or legislation that forces members and rightly so to reflect upon their own conscience and the consultation that takes place within their constituencies and their ability to be objective and far sighted with respect to the position that is taken. For those reasons the right hon. Joe Clark, as it is incumbent upon him as leader to make decisions from time to time on such bills, has released members of this caucus to follow their conscience and the wishes of their constituents and to have a free vote. I would suggest that we are the only party in the House which is following that particular tact on this bill.
This legislation is about fairness and financial equity, not about infringing upon an individual's moral or personal beliefs. The legislation maintains a clear distinction between married and unmarried relationships as viewed through the eyes of Canadians.
The term spouse, which refers to married couples only, and the term common law partner are found in the bill and encompass people in common law relationships, both same sex and opposite sex. The definition of marriage, although it was intended not to be changed, is now included by virtue of amendments that were put forward at the committee stage and further amendments that will take place here in the Chamber today with respect to votes.
Although the Minister of Justice stated clearly throughout the weeks and months leading up to the tabling of the bill that the definition of marriage was not going to be included, at the last minute, at the eleventh hour, the parliamentary secretary tabled what was deemed to be a definition of what marriage is.
That definition is one that has been consistently accepted throughout the country for many years. It is one the Progressive Conservative Party of Canada fully embraces and supports.
This is not to say that the inclusion of this definition is wrong; it is the manner in which it was presented by the government. It was held back until consistent and persistent pressure from within the government caucus and around the country cried out for a further definition. Rather than omit it from the bill, the government decided to include it. We accept and support that move.
The legislation speaks to benefits and obligations. Same sex couples will have the same access as other Canadian couples to social benefits and programs to which they have contributed. Criteria still have to be met and there are obligations attached.
The hon. member opposite spoke of the financial implications. The Minister of Finance, who I understand supports the bill, has indicated there will be offsetting savings by the implementation of the bill and that the actual cost will be virtually nil at the end of the day when one calculates those who will now be entitled versus those who may be disqualified from benefits by virtue of the acceptance and passage of this legislation.
Some bills that are currently before the country and which will be touched and changed include the GST and the HST tax credit legislation. It was very unpopular throughout the country and was rejected by Liberals in opposition but as members of the government, they have quickly embraced it and expanded it. The child tax benefit legislation will also be touched as will old age security, the Canada pension plan and the Bankruptcy and Insolvency Act.
Those types of bills demonstrate quite clearly that this is about economic and fiscal fairness as opposed to any moral judgment or any attempt to tread on what I think most Canadians feel is very sacred ground, which is the spiritual and religious definition of couples in marriage and how people interact. This legislation is not meant to be judgmental in that way. Sadly much of the debate embarked on in this place has at times digressed into this type of moral judgment.
The legislation is consistent with the decision of the supreme court. Bill C-23 will correct certain discriminations and will help achieve equal treatment under the law as it pertains to fiscal obligations and benefits. To do otherwise would offend the principles of equity that are enshrined in the Canadian Charter of Rights and Freedoms and our Canadian Human Rights Act.
On a strict legal principle with the emotion removed it is difficult if not impossible to justify not supporting this type of legislation. Many have expressed reservations and many continue to struggle with the issue of homosexuality. This bill is more about keeping all Canadians on an equal footing with respect to entitlement of benefits and obligations as they pertain to fiscal matters.
Several provinces have already moved in this direction. Many corporations and corporate entities have embraced this same approach. British Columbia, Quebec and Ontario have enacted very similar legislation to that which we see encompassed in Bill C-23. Many private sector businesses are taking the lead in correcting inequalities in the workplace through offering benefits to both spouses of same sex and opposite sex relationships.
Parliament has already passed Bill C-78 which extended survivor pension benefits to same sex partners of federal public service employees, as have Manitoba, Quebec, Saskatchewan, British Columbia, Ontario, New Brunswick, Nova Scotia, Yukon, Nunavut and the Northwest Territories. The direction has clearly been blazed.
It is fair to mention that Conservatives certainly can be compassionate, tolerant and open to modern thinking in this regard. Canadians should not be fooled into thinking that this is an abandonment of the family or principles of the traditional view. This is about fiscal and equitable treatment under the law with respect to how Canadians interact and what obligations and benefits would flow to them after having established a criteria and a relationship.
In my final submission, the term conjugal does not denote only sexual relations. Supreme court justices have made several commentaries and there are certainly instances of opposite sex couples who have remained together for many years and no longer embark on sexual relations. This is not the only criteria.
With that said, I look forward to further debate on this subject matter and the passage of this legislation through the House.