36th Parliament, 1st Session
EDITED HANSARD • NUMBER 240
CONTENTS
Tuesday, June 8, 1999
 | ROUTINE PROCEEDINGS
|
1005
 | GOVERNMENT RESPONSE TO PETITIONS
|
 | Mr. Peter Adams |
 | COMMITTEES OF THE HOUSE
|
 | Industry
|
 | Ms. Susan Whelan |
 | CIVIL INTERNATIONAL SPACE STATION AGREEMENT IMPLEMENTATION
|
 | Bill C-85. Introduction and first reading
|
 | Hon. John Manley |
 | PETITIONS
|
 | Child Pornography
|
 | Mr. Werner Schmidt |
 | The Constitution
|
 | Mr. Svend J. Robinson |
 | Yugoslavia
|
 | Mr. Svend J. Robinson |
1010
 | Kosovo
|
 | Mr. Raymond Lavigne |
 | Child Pornography
|
 | Mr. Randy White |
 | Chemical Pesticides
|
 | Mr. Clifford Lincoln |
 | MMT
|
 | Mr. Clifford Lincoln |
 | Marriage
|
 | Mr. Deepak Obhrai |
 | National Child Tax Benefit
|
 | Mr. Peter Adams |
 | Child Pornography
|
 | Mr. Grant Hill |
 | Human Rights
|
 | Mr. Paul Szabo |
 | Child Pornography
|
 | Mr. Keith Martin |
 | Mr. Grant McNally |
1015
 | Mr. Garry Breitkreuz |
 | Mr. Jack Ramsay |
 | Grandparents Rights
|
 | Mr. Garry Breitkreuz |
 | Aboriginal Affairs
|
 | Ms. Bev Desjarlais |
 | QUESTIONS ON THE ORDER PAPER
|
 | Mr. Peter Adams |
 | Mr. Bob Wood |
 | GOVERNMENT ORDERS
|
1020
 | SUPPLY
|
 | Allotted Day—Marriage
|
 | Mr. Eric Lowther |
 | Motion
|
1025
1030
 | Mr. Svend J. Robinson |
1035
 | Ms. Libby Davies |
 | Mr. Gurmant Grewal |
1040
1045
1050
1055
 | Ms. Bev Desjarlais |
 | Mr. Svend J. Robinson |
1100
 | Ms. Libby Davies |
 | Hon. Anne McLellan |
1105
 | Amendment
|
1110
 | Mr. Gary Lunn |
1115
 | Mr. Peter Mancini |
 | Mr. Michel Bellehumeur |
1120
1125
 | Mr. Paul Szabo |
 | Mr. Grant McNally |
1130
 | Mr. Peter Mancini |
1135
1140
 | Mr. Keith Martin |
 | Mr. Paul Szabo |
1145
 | Mr. Peter MacKay |
1150
1155
 | Mr. Gary Lunn |
1200
 | Ms. Bev Desjarlais |
 | Mr. Gary Lunn |
1205
1210
 | Mr. Paul Szabo |
1215
 | Mr. Eric Lowther |
1220
 | Mr. Monte Solberg |
1225
1230
 | Mr. Paul Szabo |
1235
 | Mr. Charlie Penson |
 | Ms. Eleni Bakopanos |
1240
1245
 | Mr. Rick Casson |
 | Mr. Eric Lowther |
1250
 | Mr. Charlie Penson |
 | Mr. Paul Szabo |
1255
1300
 | Ms. Bev Desjarlais |
 | Mr. Jason Kenney |
 | Ms. Marlene Catterall |
1305
 | Mr. Chuck Strahl |
1310
1315
 | Mr. Janko Peric |
 | Mr. Pat Martin |
1320
 | Mr. Maurice Vellacott |
1325
1330
 | Mrs. Judi Longfield |
 | Mr. Sarkis Assadourian |
 | Ms. Bev Desjarlais |
1335
 | Mr. John McKay |
1340
1345
 | Mr. Grant McNally |
 | Mr. Garry Breitkreuz |
1350
 | Mr. John Bryden |
1355
 | STATEMENTS BY MEMBERS
|
 | THE PERSECHINI RUN
|
 | Mrs. Karen Kraft Sloan |
 | TAXATION
|
 | Mr. Ken Epp |
 | THE ENVIRONMENT
|
 | Mr. Lynn Myers |
1400
 | LEUKEMIA
|
 | Ms. Carolyn Bennett |
 | RELAY FOR A FRIEND
|
 | Mr. Lou Sekora |
 | AGRICULTURE
|
 | Mr. Jake E. Hoeppner |
 | OPERATION BLUE STAR
|
 | Mr. Gurbax Singh Malhi |
 | LAVAL HOSPITAL
|
 | Ms. Hélène Alarie |
1405
 | OCEANS
|
 | Mr. Peter Adams |
 | NEW BRUNSWICK ELECTION
|
 | Miss Deborah Grey |
 | WORLD SKILLS COMPETITION
|
 | Mr. Bernard Patry |
 | FAMILY TRUSTS
|
 | Mr. Pat Martin |
 | DRUMMONDVILLE
|
 | Mrs. Pauline Picard |
1410
 | QUEBEC PREMIER
|
 | Ms. Raymonde Folco |
 | NEW BRUNSWICK ELECTION
|
 | Mr. John Herron |
 | PARKDALE COMMUNITY CLEANUP DAY
|
 | Ms. Sarmite Bulte |
 | GOVERNMENT EXPENDITURES
|
 | Mr. John Williams |
 | SEXUAL EXPLOITATION OF CHILDREN
|
 | Mrs. Christiane Gagnon |
 | ORAL QUESTION PERIOD
|
1415
 | KOSOVO
|
 | Mr. Preston Manning |
 | Right Hon. Jean Chrétien |
 | Mr. Preston Manning |
 | Right Hon. Jean Chrétien |
 | Mr. Preston Manning |
 | Right Hon. Jean Chrétien |
 | PRIME MINISTER
|
 | Miss Deborah Grey |
 | Right Hon. Jean Chrétien |
 | Miss Deborah Grey |
1420
 | Right Hon. Jean Chrétien |
 | Mr. Gilles Duceppe |
 | Right Hon. Jean Chrétien |
 | Mr. Gilles Duceppe |
 | Right Hon. Jean Chrétien |
 | Mr. Michel Gauthier |
 | Right Hon. Jean Chrétien |
 | Mr. Michel Gauthier |
1425
 | Right Hon. Jean Chrétien |
 | THE SENATE
|
 | Ms. Alexa McDonough |
 | Right Hon. Jean Chrétien |
 | Ms. Alexa McDonough |
 | Right Hon. Jean Chrétien |
 | KOSOVO
|
 | Mr. André Bachand |
 | Right Hon. Jean Chrétien |
 | Mr. André Bachand |
1430
 | Right Hon. Jean Chrétien |
 | PRIME MINISTER
|
 | Mrs. Diane Ablonczy |
 | Right Hon. Jean Chrétien |
 | Mrs. Diane Ablonczy |
 | Right Hon. Jean Chrétien |
 | Mr. Gilles Duceppe |
 | Right Hon. Jean Chrétien |
 | Mr. Gilles Duceppe |
 | Right Hon. Jean Chrétien |
1435
 | CORRECTIONAL SERVICE CANADA
|
 | Mr. Randy White |
 | Hon. Lawrence MacAulay |
 | Mr. Randy White |
 | Hon. Lawrence MacAulay |
 | PRIME MINISTER
|
 | Mr. Michel Gauthier |
 | Right Hon. Jean Chrétien |
 | Mr. Michel Gauthier |
 | Right Hon. Jean Chrétien |
 | CORRECTIONAL SERVICE CANADA
|
 | Mr. Jim Abbott |
 | Hon. Lawrence MacAulay |
 | Mr. Jim Abbott |
1440
 | Hon. Lawrence MacAulay |
 | PRIME MINISTER
|
 | Mr. Gilles Duceppe |
 | Right Hon. Jean Chrétien |
 | GRAIN TRANSPORTATION
|
 | Mr. John Harvard |
 | Hon. David M. Collenette |
 | PRISONS AND PENITENTIARIES
|
 | Mr. Chuck Cadman |
 | Hon. Lawrence MacAulay |
 | Mr. Chuck Cadman |
 | Hon. Lawrence MacAulay |
 | THE FAMILY
|
 | Mrs. Michelle Dockrill |
1445
 | Hon. Pierre S. Pettigrew |
 | Mrs. Michelle Dockrill |
 | Hon. Pierre S. Pettigrew |
 | NATIONAL DEFENCE
|
 | Mrs. Elsie Wayne |
 | Hon. Arthur C. Eggleton |
 | Mrs. Elsie Wayne |
 | Hon. Arthur C. Eggleton |
 | KYOTO
|
 | Hon. Charles Caccia |
 | Hon. Paul Martin |
1450
 | TORONTO PORT AUTHORITY
|
 | Mr. Lee Morrison |
 | Hon. David M. Collenette |
 | KOSOVO
|
 | Mr. Daniel Turp |
 | Right Hon. Jean Chrétien |
 | REPRODUCTIVE TECHNOLOGIES
|
 | Ms. Judy Wasylycia-Leis |
 | Hon. Allan Rock |
 | KOSOVO
|
 | Mr. David Price |
1455
 | Hon. Arthur C. Eggleton |
 | NATIONAL RURAL HEALTH STRATEGY
|
 | Mr. Larry McCormick |
 | Hon. Allan Rock |
 | CANADA MARINE ACT
|
 | Mr. Lee Morrison |
 | Hon. David M. Collenette |
 | QUEBEC'S POLITICAL FUTURE
|
 | Mr. Pierre Brien |
 | Hon. Stéphane Dion |
 | NATIONAL DEFENCE
|
 | Mr. Svend J. Robinson |
 | Hon. Arthur C. Eggleton |
1500
 | AMHERST
|
 | Mr. Bill Casey |
 | Hon. Herb Gray |
 | PRESENCE IN GALLERY
|
 | The Speaker |
 | PRIVILEGE
|
 | Subcommittee on Tax Equity for Canadian Families with
|
1505
 | Mr. Nick Discepola |
 | Mr. Randy White |
1510
 | Mr. Yvan Loubier |
1515
 | The Speaker |
 | POINTS OF ORDER
|
 | Oral Question Period
|
 | Mr. Jim Abbott |
 | Hon. Don Boudria |
 | The Speaker |
 | THE LATE HUGH HANRAHAN
|
 | Mr. Preston Manning |
1520
 | Hon. Anne McLellan |
1525
 | Mrs. Monique Guay |
 | Mr. John Solomon |
1530
 | Mr. Peter MacKay |
 | ROUTINE PROCEEDINGS
|
 | PETITIONS
|
 | Child Pornography
|
 | Mr. Paul Bonwick |
 | GOVERNMENT ORDERS
|
 | SUPPLY
|
 | Allotted Day—Marriage
|
 | Mr. John Bryden |
1535
 | Ms. Libby Davies |
1540
 | Mr. Jason Kenney |
 | Mr. Ken Epp |
1545
1550
 | Mrs. Maud Debien |
1555
 | Ms. Marlene Catterall |
 | Mrs. Diane Ablonczy |
1600
1605
 | Mr. John Cannis |
1610
 | Mr. Jason Kenney |
 | Mr. Steve Mahoney |
1615
1620
1625
 | Mr. Jack Ramsay |
 | Mr. Jason Kenney |
 | Mr. Grant Hill |
1630
 | Mr. John Harvard |
1635
1640
 | Mr. Jason Kenney |
1645
 | Mr. Jim Pankiw |
1650
1655
 | Ms. Eleni Bakopanos |
 | Mr. John Cannis |
1700
 | Mr. Werner Schmidt |
1705
1710
 | Mr. Rick Casson |
1715
 | Mr. John Maloney |
 | Ms. Elinor Caplan |
1720
1725
 | Mr. Jason Kenney |
1730
 | Mr. Eric Lowther |
 | Mr. Grant Hill |
1735
1740
 | Mr. Tom Wappel |
1745
 | Ms. Eleni Bakopanos |
 | Mr. Jason Kenney |
1750
1755
 | Mr. John Herron |
 | Mr. Jack Ramsay |
1800
 | Mr. Réal Ménard |
1805
1810
1815
1820
 | ROUTINE PROCEEDINGS
|
 | COMMITTEES OF THE HOUSE
|
 | Agriculture and Agri-Food
|
 | Mr. Peter Adams |
 | Motion
|
 | Environment and Sustainable Development
|
 | Mr. Peter Adams |
 | Motion
|
 | Finance
|
 | Mr. Peter Adams |
 | Motion
|
 | Public Accounts
|
 | Mr. Peter Adams |
 | Motion
|
 | GOVERNMENT ORDERS
|
 | SUPPLY
|
 | Allotted Day—Marriage
|
 | Motion
|
 | Mr. Jason Kenney |
1825
 | Mr. Garry Breitkreuz |
 | Mr. Tom Wappel |
1830
 | Mr. Réal Ménard |
 | Division on motion deferred
|
 | MAIN ESTIMATES, 1999-2000
|
 | Concurrence in Vote 1—Parliament
|
 | Hon. Don Boudria |
 | Motion No. 1
|
1835
1840
1845
 | Hon. Lorne Nystrom |
1850
 | Mr. Rob Anders |
1855
 | Mr. John Solomon |
1900
 | Mr. John Williams |
1905
1910
1915
1920
 | Hon. Lorne Nystrom |
1925
 | Mr. John Herron |
 | Mr. Rob Anders |
1930
 | Mr. Roger Gallaway |
1935
1940
1945
1950
 | Mr. John Solomon |
1955
 | Mr. Rob Anders |
2000
 | Hon. Lorne Nystrom |
2005
2010
2015
2020
 | Mr. Jean-Paul Marchand |
2025
 | Mr. Gerald Keddy |
2030
 | POINTS OF ORDER
|
 | Appropriation bill
|
 | Mr. John Williams |
2035
 | MAIN ESTIMATES, 1999-2000
|
 | Concurrence in Vote 1—Parliament
|
 | Mr. Rick Borotsik |
2040
2045
2050
 | Mr. John Solomon |
2055
 | Mr. Rob Anders |
2100
 | Mr. Ted McWhinney |
 | Mr. Stéphane Bergeron |
2105
2110
2115
 | Mr. Ted McWhinney |
 | Mr. Réal Ménard |
2120
 | Mr. Ted McWhinney |
2125
2130
2135
 | Mr. Réal Ménard |
2140
 | Mr. Rob Anders |
2145
 | Mr. Rob Anders |
2150
 | Mr. Randy White |
2155
 | Mr. Randy White |
2200
2225
 | POINTS OF ORDER
|
 | Appropriation Bill—Speaker's Ruling
|
 | The Speaker |
2230
 | SUPPLY
|
 | Allotted Day—Nisga'a Treaty
|
2240
(Division 546)
 | Amendment negatived
|
(Division 547)
 | Motion negatived
|
 | Allotted Day—Marriage
|
 | The Speaker: Pursuant to Standing Order 81 |
2255
(Division 548)
 | Motion, as amended, agreed to
|
 | MAIN ESTIMATES, 1999-2000
|
 | Concurrence in Vote 1—Parliament
|
2305
(Division 549)
 | Motion No. 1 agreed to
|
 | Concurrence in Vote No. 90—Canadian Heritage
|
 | Hon. Marcel Massé |
 | Motion No. 2
|
2310
(Division 550)
 | Motion No. 2 agreed to
|
2315
 | Concurrence in Vote 1—Public Works and Government Services
|
 | Hon. Marcel Massé |
 | Motion No. 3
|
(Division 551)
 | Motion No. 3 agreed to
|
 | Concurrence in Vote 5—Public Works and Government Services
|
 | Hon. Marcel Massé |
 | Motion No. 4
|
(Division 552)
 | Concurrence in Vote 10—Public Works and Government
|
 | Hon. Marcel Massé |
 | Motion No. 5
|
(Division 553)
 | Concurrence in Vote 15—Public Works and Government
|
 | Hon. Marcel Massé |
 | Motion No. 6
|
(Division 554)
 | Concurrence in Vote 25—Public Works and Government
|
 | Hon. Marcel Massé |
 | Motion No. 7
|
(Division 555)
 | Concurrence in Vote 30—Public Works and Government
|
 | Hon. Marcel Massé |
 | Motion No. 8
|
(Division 556)
 | Motions Nos. 4, 5, 6, 7 and 8 agreed to
|
 | Motion for concurrence
|
 | Hon. Marcel Massé |
(Division 557)
 | Motion agreed to
|
2320
 | Bill C-86. First reading
|
(Division 558)
 | Motion agreed to
|
 | Mr. John Williams |
 | Hon. Marcel Massé |
2325
 | Motion for concurrence
|
(Division 559)
 | Motion agreed to
|
 | Third reading
|
2335
(Division 560)
 | Motion agreed to
|
(Official Version)
EDITED HANSARD • NUMBER 240

HOUSE OF COMMONS
Tuesday, June 8, 1999
The House met at 10 a.m.
Prayers
ROUTINE PROCEEDINGS
1005
[Translation]
GOVERNMENT RESPONSE TO PETITIONS
Mr. Peter Adams (Parliamentary Secretary to Leader of the
Government in the House of Commons, Lib.): Mr. Speaker, pursuant
to Standing Order 36(8), I have the honour to table, in both
official languages, the government's response to 10 petitions.
* * *
[English]
COMMITTEES OF THE HOUSE
INDUSTRY
Ms. Susan Whelan (Essex, Lib.): Mr. Speaker, I have the
honour to present, in both official languages, the 19th report of
the Standing Committee on Industry entitled “Research
Funding—Strengthening the Sources of Innovation”.
For two years the committee has monitored the funding of federal
research and research across Canada. We believe that Canada's
investment needs to be strengthened and we present this report
today.
* * *
CIVIL INTERNATIONAL SPACE STATION AGREEMENT IMPLEMENTATION
ACT
Hon. John Manley (Minister of Industry, Lib.) moved for
leave to introduce Bill C-85, an act to implement the Agreement
among the Government of Canada, Governments of Member States of
the European Space Agency, the Government of Japan, the
Government of the Russian Federation, and the Government of the
United States of America concerning Cooperation on the Civil
International Space Station and to make related amendments to
other Acts.
(Motions deemed adopted, bill read the first time and
printed)
* * *
PETITIONS
CHILD PORNOGRAPHY
Mr. Werner Schmidt (Kelowna, Ref.): Mr. Speaker, it is
indeed an honour and a privilege to present some 3,000-plus
petitioners who have come to the House with a petition. They
would request that parliament take all measures necessary to
ensure that possession of child pornography remains a serious
criminal offence, and that federal police forces be directed to
give priority to enforcing this law for the protection of our
children.
This is a wonderful petition and I endorse it 100%.
THE CONSTITUTION
Mr. Svend J. Robinson (Burnaby—Douglas, NDP): Mr. Speaker, I
am presenting two petitions this morning. The first petition has
been signed by residents of my constituency of Burnaby—Douglas
as well as communities across Canada.
The petitioners, members of the Humanist Association of Canada
and others, seek changes to the preamble to Canada's constitution
and to the charter of rights. They wish to remove the reference
to the supremacy of God in the preamble and to change the wording
of the charter of rights to reflect the fact that Canada is a
secular country which respects the deeply held views of people of
many different religious faiths as well as those who have no
religious beliefs.
YUGOSLAVIA
Mr. Svend J. Robinson (Burnaby—Douglas, NDP): Mr.
Speaker, the second petition notes that the NATO attack on
Yugoslavia is illegal under the charters of the United Nations
and NATO, and that the best hope for world peace rests on the
rule of international law administered by the United Nations. It
notes that the present war, intended to reduce the persecution,
killing and displacement of Kosovars, has drastically increased
all three.
Therefore, the petitioners call on the House of Commons to
withdraw immediately all Canadian Armed Forces from the war and
use all our influence to convince the United Nations to arrange a
ceasefire followed by further negotiations on the future of
Kosovo. They petition Milosevic to put an end to the ethnic
cleansing that is taking place in Yugoslavia, including in the
province of Kosovo.
1010
[Translation]
KOSOVO
Mr. Raymond Lavigne (Verdun—Saint-Henri, Lib.): Mr. Speaker, I
have the honour to table a petition signed by my constituents
which calls upon the government to withdraw our military support
in Yugoslavia and to stop the bombing.
[English]
CHILD PORNOGRAPHY
Mr. Randy White (Langley—Abbotsford, Ref.): Mr. Speaker,
I have a petition signed by literally thousands of people from
across the country asking parliament to take all measures
necessary to ensure that possession of child pornography remains
a serious criminal offence, and that federal police forces be
directed to give priority to enforcing this law for the
protection of children.
CHEMICAL PESTICIDES
Mr. Clifford Lincoln (Lac-Saint-Louis, Lib.): Mr. Speaker, I
have two petitions.
The first petition states that residents of Canada call on
parliament to enact an immediate moratorium on the cosmetic use
of chemical pesticides until such time as their use has been
scientifically proven to be safe and the long term consequences
of the application are known.
MMT
Mr. Clifford Lincoln (Lac-Saint-Louis, Lib.): Mr. Speaker,
the second petition states that the use of the additive MMT in
Canadian gasoline presents an environmental problem affecting
every man, woman and child in Canada.
Therefore, the petitioners call on parliament to set, by the end
of this calendar year, national clean fuel standards for gasoline
with zero MMT and low-sulphur content.
MARRIAGE
Mr. Deepak Obhrai (Calgary East, Ref.): Mr. Speaker, it
is an honour to rise today on behalf of Canadians who have signed
this petition on the concept of marriage.
Recent court rulings have created a sense of public confusion on
the definition of marriage and spouse. It is the intent of this
petition to set the record straight and to ask parliament to
accept the concept of marriage as the voluntary union of a
single, unmarried male and a single, unmarried female.
Further, it asks parliamentarians to ensure that marriage, as it
has always been known and understood in Canada, be preserved and
protected.
I thank those who have signed this petition for representing
their views to parliament. Today we have an opportunity to
debate this issue—
The Acting Speaker (Mr. McClelland): The hon. member for
Peterborough.
NATIONAL CHILD TAX BENEFIT
Mr. Peter Adams (Peterborough, Lib.): Mr. Speaker, I rise to
present a petition on behalf of the people in Peterborough who
are concerned about children living in poverty.
They point out that thousands of children in Canada are not
receiving the national child tax benefit. They believe that in
Ontario, which has the highest child poverty rate in Canada, that
all families should receive the national child tax benefit to
help alleviate child poverty, and that it is time to amend the
national child tax benefit so that no province in Canada will be
allowed to claw it back.
Therefore, they urge the Parliament of Canada to amend the
agreement with all provinces to allow all children living in
poverty to receive the national child tax benefit to improve
their quality of life.
CHILD PORNOGRAPHY
Mr. Grant Hill (Macleod, Ref.): Mr. Speaker, I have another
petition here that reflects on child pornography, adding to the
140,000 that have already been brought to the House.
There are more than 3,000 signatures here from western Canada
asking for parliament to ensure that the possession of child
pornography be maintained as a severe crime.
HUMAN RIGHTS
Mr. Paul Szabo (Mississauga South, Lib.): Mr. Speaker, I
am pleased to present a petition on the subject of human rights
signed by a number of Canadians, including from my own riding of
Mississauga South.
The petitioners would like to draw to the attention of the House
that human rights abuses continue to be rampant around the world
in countries such as Indonesia and Kosovo. They also acknowledge
that Canada continues to be internationally recognized as a
champion of human rights.
The petitioners therefore call on the Government of Canada to
continue to speak out against such abuses, and also to seek to
bring to justice those responsible for such abuses.
CHILD PORNOGRAPHY
Mr. Keith Martin (Esquimalt—Juan de Fuca, Ref.): Mr.
Speaker, I, too, have thousands upon thousands of names of
Canadians who are disgusted by child pornography and want
parliament to take all the measures necessary to ensure that
child pornography remains a serious criminal offence. They want
to prompt the government to get its act in gear and start
enacting laws that will cut out this nonsense.
Mr. Grant McNally (Dewdney—Alouette, Ref.): Mr. Speaker,
I have two petitions on a similar theme. Hundreds of
constituents from Dewdney—Alouette are horrified by child
pornography and are astounded by the legal determinations that
the possession of child pornography is not criminal.
They ask parliament to protect the most vulnerable members of
society, our children, from sexual abuse and to take all
necessary steps to ensure possession of child pornography remains
a serious criminal offence.
The second petition asks that parliament amend the charter to
prevent the development, purchase and ownership of child
pornography.
1015
Mr. Garry Breitkreuz (Yorkton—Melville, Ref.): Mr. Speaker,
I have a large number of petitions to present. Over 30,000
petitioners are adding their names to the over 100,000 already
presented.
The petitioners are petitioning parliament because they are
horrified by the pornography that depicts children and are
astounded by the legal determinations that possession of such
pornography is not criminal. They say that it is the duty of
parliament through the enactment and enforcement of the Criminal
Code to protect the most vulnerable members of society from
sexual abuse.
Therefore, they ask parliament to take all measures necessary to
ensure that the possession of child pornography remains a serious
criminal offence and that federal police officers be directed to
give priority to enforcing this law for the protection of
children.
Mr. Jack Ramsay (Crowfoot, Ref.): Mr. Speaker, I am
pleased to present to the House a petition containing the names
of over 4,200 signators who claim that they are horrified by
pornography that depicts children and are astounded by the legal
determinations that possession of such pornography is not
criminal.
Therefore, the petitioners pray that parliament will take all
necessary measures to ensure that the possession of child pornography
remains a serious criminal offence and that federal police forces
be directed to give priority to enforcing this law for the
protection of our children.
GRANDPARENTS RIGHTS
Mr. Garry Breitkreuz (Yorkton—Melville, Ref.): Mr. Speaker,
I would like to present a petition that is signed by residents
from across Canada. It states that grandparents, as a
consequence of death, separation or divorce of their children,
are often denied access to their grandchildren by their
guardians, that the relationship that exists between grandparents
and grandchildren is a natural and fundamental one, and that the
denial of access can constitute elder abuse and can have a
serious detrimental emotional impact on both grandparents and
grandchildren.
Therefore, they petition parliament to amend the Divorce Act to
include a provision, as supported in Bill C-340, regarding the
right of spouses, parents and grandparents to have access to or
custody of their children and grandchildren.
ABORIGINAL AFFAIRS
Ms. Bev Desjarlais (Churchill, NDP): Mr. Speaker, pursuant to
Standing Order 36, I rise to present a petition to add hundreds
of signatures to those already presented from urban aboriginals
in Ontario who are concerned about the federal government's
downloading of housing to the provinces. They are concerned that
the federal government is shirking its fiduciary obligation to
aboriginal peoples.
* * *
[Translation]
QUESTIONS ON THE ORDER PAPER
Mr. Peter Adams (Parliamentary Secretary to Leader of the
Government in the House of Commons, Lib.): Mr. Speaker, the
following question will be answered today: No. 240.
.[Text]
Question No. 240—Mr. John Cummins:
Has the Veterans Review and Appeal Board ever been given the
following information and, if so, when and by whom: (a) the
reason that the day mefloquine was administered is referred to as
psycho Tuesday or Wednesday, et cetera, by soldiers deployed to
Somalia; (b) the March 1991 CF protocol entitled “Mefloquine
Availability”, concerning (i) potential central nervous system
side effects, (ii) lingering concerns in the U.S. army over CNS
side effects, (iii) inadequate data and (iv) lack of Canadian
forces experience with the drug; (c) the problems resulting
from mefloquine use in the relief mission to Somalia as reported
in January 1993 CF medical report entitled “Medical Post-Op
Report—Op Relief”; (d) the problems resulting from mefloquine
use in the deployment to Somalia as reported in the April 1993 CF
medical report from HMCS Preserver entitled “Post Deployment
Report Op Deliverance 16 November 1992—7 April 1993”; (e) the
problems resulting from mefloquine use in the deployment to
Somalia as reported in the October 1993 CF medical report
entitled “Medical Operations in Somalia, Surgical Section”;
(f) the evidence and findings of the Somalia Inquiry in regard
to the effects of mefloquine on soldiers deployed to Somalia;
(g) that the mefloquine administered to soldiers in the Somalia
deployment was an unlicensed drug obtained through a clinical
study; (h) that the Canadian forces failed to systematically
monitor either efficacy or adverse reactions as required by the
Food and Drug Act for each solder who received mefloquine in the
Somalia deployment; and (i) that the death in 1994 of a
Canadian soldier deployed to Somalia and then to Rwanda was found
both by the Canadian forces and the United Nations to have been
mefloquine related?
Mr. Bob Wood (Parliamentary Secretary to Minister of Veterans
Affairs, Lib.): The Veterans Review and Appeal Board
adjudicated over 49,000 cases in the past five years and does not
track the nature of the evidence presented in support of claims.
As such, the board cannot state with certainty that the
information described by the hon. member has not been before the
board. However, to the best of our knowledge and recollection
the only case where mefloquine was presented is the case
referenced in the following paragraph (g).
(a) No, to the best of our knowledge, unless it was given by
an appellant in the course of a specific appeal before the board;
(b) No, to the best of our knowledge, unless it was given by an
appellant in the course of a specific appeal before the board;
(c) No, to the best of our knowledge, unless it was given by an
appellant in the course of a specific appeal before the board;
(d) No, to the best of our knowledge, unless it was given by an
appellant in the course of a specific appeal before the board;
(e) No, to the best of our knowledge, unless it was given by an
appellant in the course of a specific appeal before the board;
(f) No, to the best of our knowledge, unless it was given by an
appellant in the course of a specific appeal before the board;
(g) Yes, Eric Marinacci, pensions advocate, Bureau of Pensions
Advocates, provided the information described by the hon. member
in paragraph (g) when presenting a particular case to a former
board, the Canadian Pension Commission, on December 6, 1994.
That case subsequently proceeded to appeal and the Veterans
Review and Appeal Board received the information between
September 15, 1995 and December 21, 1995 when it obtained the
file from the Department of Veterans Affairs in order to prepare
for the appeal;
(h) Yes, the Veterans Review and Appeal Board received the
information on April 30, 1999 from the Auditor General of Canada
in his report to the House of Commons dated April 1999; and
(i) No, to the best of our knowledge, unless it was given by an
appellant in the course of a specific appeal before the board.
[Translation]
Mr. Peter Adams: Mr. Speaker, I ask that the remaining
questions be allowed to stand.
The Acting Speaker (Mr. McClelland): Is that agreed?
Some hon. members: Agreed.
[English]
Mr. Randy White: Mr. Speaker, I rise on a point of order.
Further to the NDP member's presentation to the House a few
minutes ago to remove God from the constitution and the failure
of the government yesterday to assure this House that position
would not—
The Acting Speaker (Mr. McClelland): With respect, that
is not a point of order.
Mr. Randy White: With respect, it is.
The Acting Speaker (Mr. McClelland): With respect, it is
not a point of order.
Mr. Randy White: Mr. Speaker, I ask for the unanimous
consent of the House to ensure that the government will not
remove the reference to God from our Canadian constitution.
The Acting Speaker (Mr. McClelland): The hon. House
leader of the opposition has asked for the unanimous consent of
the House to move a motion. Does the House give its unanimous
consent?
Some hon. members: Agreed.
Some hon. members: No.
Hon. Don Boudria: Mr. Speaker, in response to the point
of order, amending the constitution is not done on the floor of
the House by way of a point of order and it is not our intention
to amend it using those devices.
The Acting Speaker (Mr. McClelland): The issue is over and
done with.
GOVERNMENT ORDERS
1020
[English]
SUPPLY
ALLOTTED DAY—MARRIAGE
Mr. Eric Lowther (Calgary Centre, Ref.) moved:
That, in the opinion of this House, it is necessary, in light of
public debate around recent court decisions, to state that
marriage is and should remain the union of one man and one woman
to the exclusion of all others, and that Parliament will take all
necessary steps to preserve this definition of marriage in Canada.
The Acting Speaker (Mr. McClelland): Since today is the
final allotted day for the supply period ending June 23, 1999,
the House will go through the usual procedures to consider and
dispose of the supply bill.
In view of recent practices, do hon. members agree that the bill
be distributed now?
Some hon. members: Agreed.
Mr. Eric Lowther: Mr. Speaker, today
the Reform Party is showing leadership on an issue which is
important to Canadians. People have become increasingly
concerned that the definition of marriage in Canada needs to be
strengthened and protected before the courts, by ruling on one
case, tell us that the opposite sex definition of marriage is
unconstitutional.
Just in the last two years alone 84 members of the House have
presented petition after petition, totalling thousands of names,
calling for parliament to enact legislation to define that
marriage can only be entered into between a single male and a
single female.
In addition, I would like to take note of a few of the recent
headlines. “Top Court Rewriting Laws of Marriage”, was
recently a headline in the Montreal Gazette. “Ruling
Alters Way Marriage Viewed: Family Law Expert...” appeared in
the National Post. “Blurring the Line between Marriage
and Singleness” also appeared in the National Post.
“Redefining our Partnerships: This week's Supreme Court of
Canada landmark ruling could send aftershocks into almost every
sector of Canadian Life” appeared in the London Free
Press. We have recently seen many more of these headlines in
Canada.
Are Canadians overreacting or do they have justifiable concerns?
Let us examine some of the recent events that have added to the
public concern about the erosion of the definition and the
concepts related to marriage.
Up until recently Canadians understood the word spouse to be
either a husband or a wife in a marriage. The courts and the
Liberal government are telling Canadians that they have it wrong.
Just in the last few months alone immigration Bill C-63 was
introduced and it will give the minister, or in fact the
bureaucracy under her, the power to define spouse as whatever she
deems it to be depending on the occasion on any particular day.
Bill C-78, recently pushed through the House, the 52nd bill that
the government has forced early closure on, dealt with the public
service pension plan. This bill removed every reference of wife,
widow and spouse and replaced them with the word survivor in
order to extend benefits previously reserved for marriage to same
sex relationships.
Last week the Minister of Human Resources Development went
beyond the Canada Pension Plan Act to extend pension plan
benefits normally reserved for married couples to same sex
relationships, even though there has been no legal or legislative
authorization to do so.
In addition, a number of court cases have served to erode the
distinctiveness of marriage and the concepts, rights and
obligations tied to it.
Many Canadians are concerned about this trend. There are two
examples of recent court rulings. The Liberals refused to appeal
a tax code case, known as the Rosenberg case, when a provincial
court redefined spouse to mean two people of the opposite sex or
the same sex, even though every dictionary, including legal
dictionaries, have always and still do understand spouse to be
the husband or wife.
The most recent development, perceived by many as a further
undermining of the distinctiveness of marriage and the concepts
surrounding it, was the supreme court's decision that the
opposite sex definition of the term spouse in the M. v H. case was
unconstitutional. With this ruling the complete section 29 of
Ontario's Family Law Act was struck down.
Concerned Canadians are watching this trend. Some say that the
last thing that remains is the full blown establishment of
homosexual marriage in Canada as a normative practice. It
becomes somewhat self-evident that sooner or later the opposite
sex definition of marriage will be challenged in the courts.
If they can rule that the way Canadians use the word spouse is
unconstitutional and must include a same sex definition of
spouse, why could they not rule that the current definition of
marriage is unconstitutional unless it includes same sex and
possibly a variety of other relationships as well?
1025
I will be sharing my time today with the member for
Surrey Central. All Reform members will be sharing their time
today.
I am not intending to target the courts. I am attempting to
describe the events which have been an increasing cause of
concern for Canadians. The courts and Canadians have been asking
for some leadership and some clarification on this issue.
Reformers believe that as servants of the people who put us here
we have an obligation to provide it.
Due to the lack of accountable leadership from the Liberal
government, the courts end up setting social policy, often
derived from a single case, using charter arguments. The Liberal
government follows with legislation saying that the courts made
the government do it and the people of Canada are left out of the
process.
Today we have an opportunity to put the people back into the
process. Let us respond to the concerns of Canadians and give
the courts the direction they have been asking for. Let us start
the process today with this motion.
Let me move to the second part of the motion, which states:
Why this wording? This is the government's own wording in
response to petitions which I mentioned earlier and in recent
letters from the justice minister. The response has been that
the term marriage is clear in Canadian law and is defined as
stated in today's motion. Therefore, let the government and the
entire House affirm this position publicly and commit to
proactively upholding this definition of marriage. Hopefully the
Liberals will not vote against their own wording in response to
private inquiries from citizens. Or will they?
Whatever the case, the vote today will allow the people whom we
are supposed to serve to hold each one of us individually
accountable, both today and in the future, on this issue. The
Reform Party has long advocated greater accountability to the
public.
Marriage, as it has been defined throughout history, is
significant to people for a variety of reasons. It would be
presumptuous of me to try to attempt to adequately capture all of
the values and rationales that Canadians have associated with
defining what marriage is in Canada.
In general, the institution of marriage has been important to
Canadian society from the very beginning of our nation. In
marriage, a man in a relationship with a woman gains insights,
sensitivities and strengths which she brings to the relationship
and vice versa. A lifelong, committed union of a man and a woman
in marriage creates a unit that is stronger than the sum of the
individuals because their differences complement each other.
In Corbett v Corbett the court said:
(Marriage) is the institution on which the family is built and
with the capacity for natural heterosexual intercourse as an
essential element.
Marriage provides a healthy biological design for procreation.
Other types of relationships are technically incomplete.
What about children? Teachers, and my wife is one, have a
saying. They say that more is caught than taught. Intimate,
committed marriage provides the best possible learning ground for
the socialization and character development of children. Boys
who have a lifelong example of a father who is patient, kind,
polite, calm, forgiving, truthful, trusting and protective toward
his wife are more likely to be that way themselves. More is
caught than taught.
The same concept applies for daughters. In fact, both genders
learn from a myriad of subtle character messages that children
pick up from different gender parents. These models help them to
decide and to relate to their own life mate. Marriage provides
children with parental fullness, versus the gender deprived
parenting of same sex relationships.
This kind of positive character modelling within and across
genders does not stay confined to the home but continues with
children outside the home and adds to the stabilizing and
strengthening component of society as a whole.
Recent Statistics Canada studies report that children in home
relationships with both parents have far fewer behavioural
problems and have a significantly higher percentage of children
who complete high school.
1030
It is also interesting to me that in a recent Angus Reid poll
young people in Canada aspire to having strong families.
Ninety-three per cent of the youth in the poll predict that their
families are the most important part of their lives. Eighty per
cent believe that marriage is for life.
It is reasonable to assume that some day there will be a
constitutional challenge to strike down the opposite sex
definition of marriage in Canada. Why wait until that happens?
Why continue to let the courts lead? Why not respond to the
people and lead instead of follow?
If we do not act now when the courts say the charter made us do
it and the Liberals say the courts made us do it, the question of
the use of the notwithstanding clause will come up again.
Would we use the notwithstanding clause to defend the current
definition of marriage? Clearly the Liberals have a position
that seems to say they will never use it. They will do
everything in their power to make sure that no one else does
either. We would not even need to enter that debate if the
government protected the definition of marriage in statute now.
In summary, the Reform Party is demonstrating leadership today
by bringing forward a motion that addresses three concerns:
first, the public concern reflected in the media and the weekly
petitions calling on the House to protect the definition of
marriage; second, a motion that uses the government's own words
to define marriage in Canadian law in response to private
inquiries; and, third, an opportunity for us all to make a
commitment to action in order to uphold and defend this
definition both now and in the future.
I hope we see unanimous support for the motion before us as it
is a reasonable expectation and certainly our hope.
Mr. Svend J. Robinson (Burnaby—Douglas, NDP): Mr.
Speaker, it is important that Canadians witnessing the debate
today understand the real agenda here. The real agenda is that
the Reform Party not only does not believe in the equality of gay
and lesbian relationships but does not believe in equality for
gays and lesbians, period.
When that issue came before the House of Commons for a vote, the
fundamental question of whether the Canadian Human Rights Act
should be amended to include sexual orientation so that gay and
lesbian people would not be fired from their jobs or thrown out
of their homes or denied access to goods and services, they voted
against that basic equality.
When they say today that they want to talk about marriage, let
us be very clear what the real agenda is. That party does not
believe in the fundamental equality of gay and lesbian people in
Canada.
The member for Calgary Centre raised a number of issues. He has
made a number of statements to which I would like him to respond
in terms of the inaccuracy of those statements. He talked about
committed, loving, lifelong relationships. The fact is that gay
and lesbian people also enter into committed, loving, lifelong
relationships.
I have to ask the hon. member a question. How is it any threat
to a heterosexual marriage to recognize and affirm our
relationships as well? For gay and lesbian people who seek to
marry, why should that right not be extended to them?
The hon. member has said that some day there will be a court
challenge. I tell the hon. member that there has already been a
court challenge. So much for what he knows. Is the member not
aware of the fact that there has already been a constitutional
challenge in the Ontario Divisional Court in the case of Layland
and Beaulne, in which the court ruled that federal common law
restricts marriage to one man and one woman.
Why is he misleading the House on this important issue? Why
will he not respect the right of equality for gay and lesbian
people?
Mr. Eric Lowther: Mr. Speaker, I appreciate the question.
Certainly the Reform Party is committed to the equality of all
Canadian citizens before the law.
In what we are doing here today we are not against anyone. We
are simply affirming that marriage is an important institution to
Canadians. Canadians understand that marriage is a unique
institution in a relationship that involves the union of a man
and a woman.
Our job is to represent our constituents and Canadians on issues
that are important to them. We believe that marriage should
remain the union of a man and a woman. It is foundational to
family and foundational to the strength of the nation. We believe
that strong families make strong nations and marriage is part of
that.
1035
Ms. Libby Davies (Vancouver East, NDP): Mr. Speaker, having
listened to the Reform member for Calgary Centre today, it seems
to me a massive contradiction to say that the Reform Party is
committed to equality and is not against anyone.
The motion clearly states a bias and an opinion to which the
Reform Party and the member are entitled, but to force that
opinion or bias about marriage being between a heterosexual
couple on all Canadians, it seems to me, is a direct attack on
equality and a direct attack on many members of society.
It is interesting to hear the member also say that a marriage
without children is technically incomplete. I am sure that all
the heterosexual couples who for whatever reason have chosen not
to have children will be devastated to learn that they are
technically incomplete.
What authority does the member and the Reform Party have to
impose their views on other Canadians if they believe in
equality? If they believe in equality, where does that authority
come from?
Mr. Eric Lowther: Mr. Speaker, I thank the member for the
question although I need to clarify a couple of her points. She
is assuming I said that married couples without children are
technically incomplete. That was not at all what I said.
I said in my speech that a marriage between a man and a woman
provides for parental fullness. A marriage between same sex
couples is technically incomplete and is deprived parenting in
some ways because one gender is deprived.
The motion indicates what the government and the law already
states, that marriage is and should remain the union of one man
and one woman to the exclusion of all others. We are just
saying: let us make sure that we are clear on what the Canadian
law is and that the House stands behind it.
Apparently the member who asked me the question does not agree
with Canadian law and does not agree with the responses to
petitions that have been given in the House. That is a sad
indictment of her party.
Mr. Gurmant Grewal (Surrey Central, Ref.): Mr. Speaker, I
rise on behalf of the people of Surrey Central in support of the
official opposition's motion. The hon. member for Calgary Centre
made an excellent speech and I congratulate him on it.
For the benefit of those who do not understand the motion, I
will read it again:
That, in the opinion of this House, it is necessary, in light of
public debate around recent court decisions, to state that
marriage is and should remain the union of one man and one woman
to the exclusion of all others, and that Parliament will take all
necessary steps to preserve this definition of marriage in
Canada.
The reason we have caused this motion to be brought forward is
simply that the courts and others are asking the House for clear
instructions with respect to this matter.
Canadians are concerned about the possible erosion of the
traditional definition of the institution of marriage. Our
federal government, through the elected representatives in this
place, provide our courts with legislation, the laws of our land,
for the courts to interpret.
With respect to the sanctity of the traditional definition of
marriage, the courts have been left to defining it themselves or
calling on the government for direction. Today the official
opposition is exercising its responsibility to ensure that the
definition of marriage is reaffirmed in our federal legislature.
Marriage should be affirmed. The motion is not about being
against anyone or anything but is about being for marriage. The
official opposition believes that the term marriage is a
cornerstone of public policy and ought not to be unilaterally
changed by the courts, by bureaucrats or by cabinet behind closed
doors as is usually done.
There should be the full light of public input, parliamentary
debate and free votes in the House.
1040
Our courts take guidance from parliament on important social
policies and other matters. Today's motion is intended to give
expression to the will of the parliament on marriage, a
cornerstone of our public policy.
It is legitimate for parliament to give guidance on important
social policy matters. Parliamentarians can reform the current
status of the law, especially given debates surrounding recent
court decisions relating to the definition of spouse, et cetera.
Today the official opposition motion provides that opportunity.
There have been, there are and likely there will be future court
challenges to the definition of marriage. It would be
inappropriate for parliament to remain silent about this
important social policy term in the midst of great public debate
on the matter.
The courts often indicate that they are looking for guidance
from parliament on different issues. The motion is an
opportunity to clearly express the will of parliament. The
motion allows parliament to better engage in a dialogue with the
courts with respect to the definition of marriage.
By having a debate and a vote on the matter in parliament we are
allowing the elected representatives of the Canadian people to
reflect the views of Canadians on what they feel about the
definition of marriage, an important Canadian institution. This
is properly the role of parliament as such input is not able to
take place in court litigation.
The opinion of the Canadian people is very clearly in favour of
the current definition of marriage. In the 36th parliament 84
members stood in the House and tabled petitions from constituents
calling for parliament to enact legislation to define that a
marriage can be entered into between a single male and a single
female.
People should not be shut up. They are the ones we came here to
represent. We should listen to these people when they send
petitions to the House. The supply day motion is an opportunity
for members and parliament as a whole to stand by their
constituents and communicate so that their voices are heard.
Being a relatively new immigrant and new Canadian, I can share
with the House that many people around the world choose to
immigrate to Canada because of what they know about our country.
When they come they believe they will find the traditional
definition of marriage, a union between a man and a woman. They
trust that the federal government supports that definition. If
we did not, these immigrants might have immigrated elsewhere in
the world.
Canada's demographics have changed significantly since
Confederation. People immigrating to Canada now come mostly from
Asia. They share the social values that include the definition
of marriage we are debating today. They believe the family is an
institution, a cornerstone or a pillar of society. This strong
belief in the traditional family values is another reason they
often have joint families.
During the election campaign a young man came to my office and
asked for my views on the definition of marriage. I told him I
believed that marriage was a union of a man and a woman. He said
that he did not agree and that two men or two women could marry.
I asked him if he would like to have his own children. He said
he did not care, that having children was not important. I told
him that if his father or mother had thought the same way he
would not be talking to me.
There was silence for a moment and then he said he had never
thought of that.
1045
Later he told me that originally he would not vote for me, but
he was sorry now. He thanked me for making him realize that. He
not only voted for me, as he told me afterward, but he became one
of my volunteers.
Recently the House dealt with Bill C-78, changes to the pension
fund of federal government employees that will allow the Liberals
to make a one time $30 billion grab. One effect of the bill was
to expand the benefits of the pension plan. It extended survivors
benefits outside of marriage to marriage dependent on private
sexuality regardless of gender.
When a contributor to a pension plan dies, the benefits go to
the surviving husband or wife. The bill maintains that
provision, which is good. It also extends the benefits beyond
this point in a new way. The government said its intent was to
extend the benefits to same sex relationships as well.
The issue here today is not of same sex benefits for couples;
the issue is the definition of marriage. No sex means no
benefits. This is not the right policy. It has added a new
legal expression, a relationship of a conjugal nature with
absolutely no definition of what it means.
In conclusion, the official opposition in our leadership role is
asking the government and all sides of the House to affirm
support for the definition of marriage as being a union between a
man and a woman.
I would like to move an amendment to the main motion. I move:
That the motion be amended by replacing the words “in Canada”
with the words “within the jurisdiction of the Parliament of
Canada”.
The Acting Speaker (Mr. McClelland): On a point of order,
the hon. member for Surrey Central.
Mr. Gurmant Grewal: Mr. Speaker, I would like to withdraw
that amendment and change it. I move that the motion be amended
by inserting between the words “to” and “state” the word
“unequivocally”.
Mr. Svend J. Robinson: Mr. Speaker, I rise on a point of
order.
My understanding was that an amendment had been moved and
seconded and was before the House and could only be withdrawn by
unanimous consent. Is that not correct?
The Acting Speaker (Mr. McClelland): The original
amendment was before the House. I will just do a little
consultation with the clerk to make sure we are on solid ground
here.
The amendment had been presented by the member for Surrey
Central in debate. It had not been presented to the House by the
Chair and in that event had not been formally introduced to the
House. It is perfectly within the normal procedure for the
member on a point of order to rescind his earlier amendment and
revise his amendment, which would then in due course be taken to
the table officers and then to the Chair for presentation. We
will do that right now.
Mr. Svend J. Robinson: Mr. Speaker, I rise on a point of
order.
I do not want to unduly prolong the debate, but there is a
procedural issue here which is a serious one.
As I understand it, the hon. member during the course of debate
had put forward an amendment, had moved and seconded an amendment
to the motion which was before the House.
He then sat down having concluded his intervention in the debate.
1050
He subsequently rose on a point of order and sought the consent
of the House to put forward a different amendment. Perhaps the
Chair could assist us but as I understand it, it is not in order
to seek to put an amendment before the House when rising on a
point of order.
The Acting Speaker (Mr. McClelland): The hon. member for
Burnaby—Douglas has a point. I am going to consult with the
clerk and we will sort this out.
Mr. Gary Lunn: Mr. Speaker, I rise on a point of order.
The hon. member for Burnaby—Douglas is challenging the rule of
the Chair when it has already ruled. That is inappropriate and
he is not permitted to do that when the Chair has already ruled
on the point of order.
The Acting Speaker (Mr. McClelland): The Chair is not so
insecure that he cannot take guidance from wherever it comes.
The hon. member for Burnaby—Douglas is quite correct. On
reflection, we had on debate recognized the original amendment
from the hon. member for Surrey Central. The member had taken
his place and did subsequently rise on a point of order. It is
established procedure that an amendment cannot be introduced on a
point of order.
Therefore the first amendment stands. The second amendment is
not receivable. We will now look at the first amendment.
Ms. Marlene Catterall: Mr. Speaker, I am delighted to
have confirmation of the Chair's willingness to be flexible and
review its decisions.
I do want to be quite clear. I understood that the hon. member
moved a motion during the debate and that is the one that stands
according to your ruling. However, I also heard you say that the
other member had proposed a motion during his speech in debate
which is not before the House. Can we have that clarified?
The Acting Speaker (Mr. McClelland): No, that is not the
case. It was on a point of order that the hon. member for
Burnaby—Douglas brought to the attention of the Chair a
procedural error. This is being rectified. It is better to be
rectified now than at 10 o'clock tonight.
Mr. Randy White: Mr. Speaker, I am not sure what that
amendment was. Could the Chair please confirm it for me?
The Acting Speaker (Mr. McClelland): To the House leader
of the official opposition, I do not have a written copy of the
second amendment which is not going to be introduced. I could
return the first amendment to the hon. opposition House leader.
The clerk has brought to my attention that the Chair has yet to
receive the original amendment. Until the original amendment is
received by the Chair from the hon. member for Surrey Central,
the debate will be on the motion as presented.
For clarification, the Chair does not have an amendment at this
time.
1055
Mr. Randy White: Mr. Speaker, let me clarify this. My
colleague from Surrey Central introduced an amendment. He had a
written amendment here which he tried to subsequently introduce.
There is no other amendment. We do not have another amendment
here.
The Acting Speaker (Mr. McClelland): We will check the
blues and we will take the time necessary to do so.
In his debate the member for Surrey Central presented an
amendment verbally to the House. The normal procedure is that
that would be signed and presented to the Chair. If the Chair
does not receive that, then we do not have it and we go to the
original motion as presented.
Therefore, because we do not have an amendment the debate is on
the original motion. It is not an amended motion. There has
been no amendment presented to the Chair.
Mr. Gurmant Grewal: Mr. Speaker, I signed one amendment.
I gave it to the clerk and the clerk has it. It has been
presented to the hon. Chair.
The Acting Speaker (Mr. McClelland): The member for
Surrey Central says that he signed an amendment. Apparently the
amendment he signed has been given to the Chair. That was the
second amendment presented to the House. It is not an amendment
receivable by the Chair.
Ms. Bev Desjarlais (Churchill, NDP): Mr. Speaker, it may
come out as a question but I certainly have a comment.
The hon. member indicated that he is a fairly recent immigrant
to Canada. He said that people come to Canada because of the
definition of marriage and that this is of great value to him. I
recognize that it is a value.
Another reason a good many people come to Canada is because of
the persecution they face in their own countries. They may be in
a same sex relationship and may not be given the same
opportunities to be treated fairly as is what happens in Canada
under our charter of rights.
To bring the marriage issue and the term marriage up as being
the most important thing and then to slam same sex relationships
is not the way to go about doing this. A number of Canadians
believe strongly that those in same sex relationships should have
all the benefits of other Canadians but they feel a great
affinity to the term marriage because of how they have perceived
marriage through Christian beliefs and through the unity of their
partnerships.
I would suggest rather than be divisive that Reform take a
serious look at its approach to things. The member should
consider seriously the real reasons people come to Canada. It is
not just for the term marriage.
Mr. Gurmant Grewal: Mr. Speaker, there are many reasons
that motivate prospective immigrants to Canada.
One reason is the definition of marriage with family as the
cornerstone of our society. What is a family? How do families
begin? The definition of marriage is the one we are debating
here. Prospective immigrants view the definition of marriage as
it is stated in the law and which we are here to reaffirm today
as one of the reasons.
That was one of the reasons I came to Canada. With due respect,
this is the definition of marriage. It is between one man and
one woman. That is what we are here to reaffirm today.
Mr. Svend J. Robinson (Burnaby—Douglas, NDP): Mr. Speaker,
the hon. member's colleague, the member for Calgary Centre, has
referred to gay and lesbian families, the families of two gay men
or two lesbian women who are raising children as gender deprived
parenting. He said that these families are somehow deficient.
1100
Does the hon. member for Surrey Central agree with this attack
and this insult on families in Canada who happen to be made up of
two women and their children or two men raising children? Does
he agree that this is, to use the words of his colleague, gender
deprived parenting? Does he also agree, presumably, that a
single parent family in which there is only one woman raising
children or one man raising children is a gender deprived family
and similarly is a defective or a deficient family?
Will the hon. member for Surrey Central explain why he is
apparently agreeing with this appalling attack on families in
Canada who happen to be made up of gay and lesbian people raising
children?
Mr. Gurmant Grewal: Mr. Speaker, what we are debating
here is the definition of marriage. On this side of the House
we are not against anyone or anything. We are here today simply
to reaffirm the definition of marriage as a marriage between a
man and a woman. That is the only issue we are debating today.
Ms. Libby Davies (Vancouver East, NDP): Mr. Speaker, I
heard the member speak about immigrants coming to Canada. I was
recently at the citizenship court and heard the judge speaking to
new Canadians who were swearing the oath of allegiance to Canada
and becoming citizens. The citizenship judge in Vancouver told
them that the most important thing about becoming a Canadian was
understanding diversity and equality.
I was very surprised to hear the comments from the member that
somehow the particular view that the member holds would be
enforced on all other Canadians.
Mr. Gurmant Grewal: Mr. Speaker, my constituency is one
of the largest constituencies in Canada. I have a diverse
population in my riding. I am here to represent my constituents.
They have been calling to tell me that they want to reaffirm the
definition of marriage as a marriage between a man and a woman.
Hon. Anne McLellan (Minister of Justice and Attorney General
of Canada, Lib.): Mr. Speaker, I rise to respond to the
motion this morning on behalf of the Government of Canada.
Let me clearly state that the Government of Canada will be
supporting the motion in the House today. The fact that we will
be supporting the motion should come as a surprise to no one. I
would like to thank the hon. member for tabling the motion for
the consideration of the House and for giving the government the
opportunity to clarify our position on this important issue.
We on this side agree that the institution of marriage is a
central and important institution in the lives of many Canadians.
It plays an important part in all societies worldwide, second
only to the fundamental importance of family to all of us.
[Translation]
The institution of marriage is of great importance to large
numbers of Canadians, and the definition of marriage as found in
the hon. member's motion is clear in law.
[English]
As stated in the motion, the definition of marriage is already
clear in law. It is not found in a statute, but then not all law
exists in statutes, and the law is no less binding and no less
the law because it is found in the common law instead of in a
statute.
The definition of marriage, which has been consistently applied
in Canada, comes from an 1866 British case which holds that
marriage is “the union of one man and one woman to the exclusion
of all others”. That case and that definition are considered
clear law by ordinary Canadians, by academics and by the courts.
The courts have upheld the constitutionality of that definition.
The Ontario court, general division, recently upheld in Layland
and Beaulne the definition of marriage. In that decision a
majority of the court stated the following:
—unions of persons of the same sex are not “marriages”,
because of the definition of marriage. The applicants are, in
effect, seeking to use s. 15 of the Charter to bring about a
change in the definition of marriage. I do not think the Charter
has that effect.
1105
One may then ask why we are here today and why we are using the
already limited time of the House to debate a motion, on which, I
suspect, there will be no fundamental disagreement inside or
outside the House.
I am aware, as are other ministers, that recent court decisions
and resulting media coverage have raised concern around the issue
of same sex partners. It appears that the hon. member believes
that the motion is both necessary and effective as a means to
keep the Government of Canada from suddenly legislating the
legalization of same sex marriages. That kind of misunderstanding
of the intention of the government should be corrected.
Let me state again for the record that the government has no
intention of changing the definition of marriage or of
legislating same sex marriages. No jurisdiction worldwide defines
a legal marriage as existing between same sex partners. Even
those few European countries such as Denmark, Norway and Holland,
which have recently passed legislation giving recognition to same
sex relationships and extending some of the same benefits and
responsibilities as available to married spouses, maintain a
clear distinction in the law between marriage and same sex
registered partnerships.
Norway's ministry published a statement in 1994 that makes this
distinction clear. Although a same sex relationship may have many
of the same needs, the Norwegian government clarified that it, the
same sex partnership, can
—never be the same as marriage, neither socially nor from a
religious point of view. (Registered partnership) does not
replace or compete with heterosexual marriage—(and the)
opportunity for homosexuals to register their partnerships will
not lead to more people opting for homosexual relationships
rather than marriage.
I fundamentally do not believe that it is necessary to change
the definition of marriage in order to accommodate the equality
issues around same sex partners which now face us as Canadians.
The courts have ruled that some recognition must be given to the
realities of unmarried cohabitation in terms of both opposite sex
and same sex partners.
I strongly believe that the message to the government and to
all Canadian governments from the Canadian public is a message of
tolerance, fairness and respect for others.
For those who remain concerned, I would point out that recent
surveys of young people indicate that marriage has not gone out
of style in Canada. The majority of young people still expect to
marry. The marriage rate is still similar to that of the 1920s,
although a rising number are re-marriages, and that Canadian
marriages still on average last longer than those in the United
States.
The motion speaks of taking all necessary steps to preserve the
definition of marriage in Canada. While I and the government
support the motion, I feel strongly that marriage is already
very clear in Canadian minds and in Canadian law, and that there
is little that the House must do as a necessary step to in any
way add to the clarity of the law.
Marriage has fundamental value and importance to Canadians and
we do not believe on this side of the House that importance and
value is in any way threatened or undermined by others seeking to
have their long term relationships recognized. I support the
motion for maintaining the clear legal definition of marriage in
Canada as the union of one man and one woman to the exclusion of
all others.
At this time I would like to move an amendment to the motion.
I move:
That the motion be amended by inserting after the word “steps”
the words “within the jurisdiction of the Parliament of
Canada”.
1110
Mr. Eric Lowther: Mr. Speaker, I rise on a point of
order. I believe that the seconder of the motion is required to
be in his or her seat when he or she seconds. The member was not
in her seat at the time of the seconding and I therefore think
you should consider the motion null and void.
The Acting Speaker (Mr. McClelland): As a matter of
interest, I checked with the clerk on exactly that point no more
than 30 seconds ago. I was informed that the member needs only
to be in the House, recognized by the Speaker as a legitimate
member, and to be anywhere within the purview of the Speaker.
The amendment is in order and is accepted. The debate is on the
amendment.
Mr. Gary Lunn (Saanich—Gulf Islands, Ref.): Mr. Speaker, I
thank the Minister of Justice for supporting the motion. I also
agree with her comment about marriage being an important
institution.
She posed a couple of questions in her speech. She asked why we
are here today and then put out the suggestion that it is a
redundant motion.
I went to sleep last night thinking about the motion. Often in
the House we get so caught up in the day to day activities and
with what is in the press that we sometimes lose focus on the
truly important issues. Sometimes things create a life of their
own. As we have seen many times through the courts on various
issues, completely separate and apart from this, they do create a
life of their own and the courts are left to interpret.
Does the Minister of Justice agree that parliament is the
supreme lawmaker of the country? Is it not very important for
the courts to get a very clear, simple message from the
Parliament of Canada on where we stand on this issue? In the
past in many cases we have not done that and we have left it up
to the courts to shape the law of the country. The Minister of
Justice and I both recognize that happens all the time.
Does the Minister of Justice not think that this will send a
very clear signal to the courts on where the Parliament of Canada
stands on the issue?
Hon. Anne McLellan: Mr. Speaker, I think the point I have
tried to make on behalf of the government is that we do believe
that the definition of marriage is clear. It is clear in the law
of Canada and it was the courts that made the definition clear.
As I indicated in my comments, the definition of marriage as a
union between one man and one woman is found in the common law of
our country and the common law of our system of law. It is also
found in the civil law of the country. This is clear and we are
therefore able to support the motion as presented by the official
opposition. If it is believed that some clarity is required
around that, so be it.
We thought perhaps we could spend our time debating other issues
as opposed to that on which there is clarity in the law.
The Acting Speaker (Mr. McClelland): You have no idea how
much I enjoy the opportunity to stand and interrupt the Minister
of Justice because when we first met 10 years ago I could not
interrupt her. However, this time I can.
1115
Mr. Peter Mancini (Sydney—Victoria, NDP): Mr. Speaker, my
question is for the minister and is with regard to the amendment
that has been moved in the House.
I think she would agree with me, given the nature of the
amendment, that jurisdictional controversies in terms of
authority, be it federal or provincial, is extremely clouded in
this area. I quote from Professor Hogg:
In terms of the main motion there is some question as to the
power and jurisdiction of the federal government. Would the
minister agree with me on that?
Hon. Anne McLellan: Mr. Speaker, I respect the hon.
member's comment and that of Professor Hogg, dean of Osgoode Hall
Law School. There is divided jurisdiction in the area of family
law and divided jurisdiction in relation to marriage. The
federal government has jurisdiction over marriage and divorce.
The provinces have jurisdiction over solemnisation.
That is why I moved the amendment. I wanted to clarify for
everyone in the House and in the country that we as a parliament
are operating within our jurisdiction. We are not arrogating to
ourselves any jurisdiction that we do not have. Obviously we
could not do that.
I would hope the official opposition, of all parties, would
adopt the amendment and support it. It is important in this
federation where we acknowledge diversity and the role of the
provinces that we make clear parliament supports the motion
operating within its constitutional jurisdiction, however that
might ultimately be defined by the courts of the country.
[Translation]
Mr. Michel Bellehumeur (Berthier—Montcalm, BQ): Mr. Speaker,
the opposition motion, as amended by the Minister of Justice,
addresses an extremely important issue. I think it would be
worthwhile for the House to express its views on this issue,
which merits reflection.
I am a bit bothered by the turn the debate is taking. I think
there is a slight difference between the motion as drafted and
what I am hearing, and that is what is bothering me. I have the
feeling Reform Party members want to oppose two concepts. They
are using the topic of marriage to oppose the rights of gays and
lesbians. It would appear that they want to steer the debate in
another direction.
Contrary to what the government will be doing—and I do not know
about the opposition parties—the Bloc Quebecois will allow a free
vote on this issue. Members will be able to vote according to
their conscience. This is very important, given the underlying
implications.
Personally, I think this is a poor time to debate this issue in
the House, before there has really been a substantive public
debate. This is an issue to which society must give some
thought, one whose evolution over time it must consider. One
cannot simply spring it on people as something parliamentarians
must vote on.
Canadian and Quebec law and society are evolving. What marriage
was considered to be in Great Britain in bygone times may not
necessarily hold in 1999 in Canada and Quebec. The minister
cited case law that goes back a few years.
I would like the House to consider the question of marriage from
a much more contemporary angle.
On May 20 the Supreme Court of Canada ruled on
an equally important matter, the question as to whether partners
of same sex relationships were entitled to support payments under
Ontario's Family Law Act.
I can understand that such a ruling would upset some Reformers.
1120
Here again the justices of the supreme court simply applied
existing principles of law. They did not invent the wheel. I do
not think this lends itself to wild demonstrations in Ontario,
in opposition to the interpretation of these Courts have given
to the Ontario Family Law Act.
I think things have changed. Had the same decision been rendered
25 years ago, I have no doubt that we would have demonstrated in
the streets. Today people are perhaps more open than they were
on a similar subject.
In Quebec, I would say we are in the lead. The national assembly
has taken extremely important steps to try to establish some
equality.
Regardless of whether people recognize it, approve it,
disapprove of it or not, the fact exists in Quebec society, and
the members of the national assembly recognized it.
It was not a decision by the PQ government alone. It was a
unanimous decision of the national assembly. I must point that
out, because it is not every day there is a consensus in the
national assembly or in a parliament. I think it was Bill 32,
which obtained the unanimous support of the national assembly to
amend a series of acts. If I recall correctly, 28 statutes and
11 regulations were amended in order to give gay and lesbian
couples the same rights as couples in a common law relationship.
This is a step forward, and I think it is one that received the
approval of the people of Quebec.
As we can see, things are changing. We are mulling this question
over.
Today, in a motion, the Reform members want to block any
discussion of this issue. I think it is too early.
It is proper to speak of it because outside the House, in the
society as a whole, in our families, it is important for people
to tell us what they think about it and how they see things.
Those who are adamant that marriage be between a man and a woman
are afraid that one day gay and lesbian couples will claim the
right to adopt and other rights. They wonder where their demands
will end. This is a legitimate question.
I think that we still have not enough information to be able to
make a definite position on such an important issue as this.
I believe that marriage is a indeed sufficiently important
institution in Canada and in Quebec to warrant our taking the
time to address it and to have a definition that is the most
representative of the society in which we are living in 1999, on
the eve of the year 2000.
There are a number of different concepts involved. There is
marriage, there is union, there is the couple. There are a
number of different concepts, and I believe that each one needs
to be defined.
I had a bit of fun looking up the definition of marriage in the
Petit Robert. In the latest edition of the Petit Robert, it is
defined differently than in the one dating from ten years ago.
At that time it was defined as the union between a man and a
woman.
Today, in the most recent edition of the Petit Robert, it is
defined as the lawful union of two persons under conditions set
out in the law.
The dictionary definition of marriage has changed. This means
that the definition is an evolving one. A societal debate is
required in order to reach a definition.
That leads me to another point I want to address. Initially the
Minister of Justice introduced an amendment to the motion to add
the words “within the jurisdiction of the Parliament of Canada”.
It is far from clear where the Canadian government's
jurisdiction over marriage begins and ends.
I have consulted certain documents by constitutional experts in
order to see what point we have reached in the evolution of
jurisprudence and Canadian constitutional law in this
connection.
1125
In the last edition of their tome on constitutional law, Henri
Brun and Guy Tremblay, two PhDs in law from Laval University's
faculty of law, have the following to say about apportionment
and jurisdiction as they relate to marriage:
The era of the federal government's exclusive jurisdiction over
marriage has to do with the fundamental conditions, i.e.
capacity of the parties, and impediments. The concurrent
provincial jurisdiction with respect to the solemnization of
marriage has to do with the preliminary formalities, including
obtaining parental consent, in the case of minors.
... and it has to do with the actual conduct of the ceremony,
including the competence of those officiating.
And in the exercise of their jurisdiction, the provinces, like
the federal government, may stipulate sanctions up to and
including annulling a marriage.
In other words, when it comes to marriage it is not clear what
is exclusively federal and what is exclusively provincial. The
line is fairly blurred and over time the provinces have
acquired increasing powers with respect to marriage, as opposed
to divorce, which has always come under the exclusive
jurisdiction of Ottawa.
Here too, things have evolved. I will take this opportunity to
make my oft-repeated point: if the federal government were to act
in good faith, it would withdraw completely from this
jurisdiction and allow the provinces complete freedom to
legislate with respect to marriage and divorce.
That being said, I think this is an important debate and one
which merits public discussion. We cannot give a fast cut and
dried answer to this issue, and there should be a much broader
discussion. At the same time, great care must be taken not to
interfere in what may, according to long-standing custom, be
provincial jurisdictions.
[English]
Mr. Paul Szabo (Mississauga South, Lib.): Mr. Speaker, the
hon. member made reference to the dictionary and I thought I
would share with him a reference from the dictionary which I
looked at this morning. It has to do with the word
discrimination.
The hon. member will know that for some members who argue this
case the issue here is equality and to not extend equality is to
discriminate against a particular group of people. We certainly
have seen that in court decisions.
In the dictionary the definition of discrimination includes a
mixture. It includes prejudice, bias and victimization, but it
also includes distinguishing between favouring or giving notice
to. It dawns on me that within the dictionary and within the
context of discrimination there is negative discrimination and
there is affirmative discrimination.
Would the hon. member like to comment on whether or not he
believes that denying same sex marriages is in fact a question of
negative discrimination or affirmative discrimination?
[Translation]
Mr. Michel Bellehumeur: Mr. Speaker, the answer to this question
depends on the values of our society as a whole. The hon. member
would like me to specify whether this is a form of negative or
positive discrimination. I would be tempted to say that it is
negative discrimination, given that I am someone—and I speak very
personally—who is very open.
If someone put this question to me six or eight months ago, or a
year ago, my answer might have been different.
Today however, with the baggage I carry, with experience, and
with what I regularly run into in a riding like
Berthier-Montcalm, which is not near the island of Montreal,
where there are gay neighbourhoods, but which has men and women
with problems relating to their sexual orientation who come to
see me, I think that discrimination as the member understands
it, is negative. But this is really a very personal response.
[English]
Mr. Grant McNally (Dewdney—Alouette, Ref.): Mr. Speaker, I
have a very direct question for my Bloc colleague.
In the motion before the House for debate today it states that
it is necessary, in light of public debate around recent court
decisions, to state that marriage is and should remain the union
of one man and one woman to the exclusion of all others.
1130
I would like to ask my colleague from the Bloc if he personally
agrees with that statement. Is he speaking for himself, his
constituents or his party when he gives his answer to that
question? It is a very direct question and I would like to know
whether or not he supports that statement.
[Translation]
Mr. Michel Bellehumeur: Mr. Speaker, I do not know if it is
because we do not speak the same mother tongue, but I answered
this question at the very outset.
As far as the vote is concerned, I was speaking very personally.
For the Bloc Quebecois, the vote will be a free vote. I think
the member can understand what that means.
As to the second question, about whether I represent my voters,
I will ask him the same question. Is he fairly representing his
constituents when, without holding a substantive debate, without
a public debate, his party brings such a motion to the House in
order to put paid to any potential definition of marriage
without even consulting the public at large? Does the member
properly represent the voters in his riding?
I will not answer this question, but I leave a great big
question mark.
At the moment, it is impossible to make a definitive statement
on such an issue, because in my riding, as throughout Quebec and
across Canada, we have not looked seriously at the issue.
Clearly no responsible decision on the matter can be taken using
all the stereotypes brought up by the member.
[English]
Mr. Peter Mancini (Sydney—Victoria, NDP): Mr. Speaker,
it is a pleasure to address this motion today, especially
following some of the eloquent and learned comments that have
been made by the speakers preceding me. I particularly want to
comment later on in my remarks on the Minister of Justice's
amendment to the motion. I think it is an important amendment.
First let me say that there is no greater spiritual union than
that of marriage. There is no more intimate spiritual union than
that of someone who makes a commitment for life to an idea, to a
person, to what they believe. We use that word marriage. It is
the most private commitment one can make. Although we celebrate
marriage as a public event, the reality is the signing of papers,
the commitment that is made in writing, the commitment that is
made before God is perhaps the most private and intimate
commitment we can make as human beings.
I say that because the word marriage has been talked about in
terms of definitions. An hon. member from the government side
and an hon. member from the Bloc went to the dictionary to define
marriage. We have commented that it changes with time and it
does, but it is clearly to correlate a pair, it is clearly to
join together. In fact, those of us from the maritime provinces
grew up knowing
that when we splice the ends of a rope together, we say we marry
them. When a carpenter joins together certain pieces, they are
married. We marry up certain things.
When I talk about the intense commitment of one person, I think
about one of my relatives. She will not be happy that I am saying
this publicly, but I believe next year she will celebrate her
50th anniversary. Fifty years ago she put on a wedding ring. She
made a commitment. She has stayed true to that commitment. Her
marriage was to her church. Her marriage was to the ideology and
the beliefs she believes came to her intimately and that is the
career to which she is married. That is the intimate contract
she has made with whom she sees as her God.
Marriage takes all kinds of forms. From reading history we know
that Elizabeth I under pressure from France, from her ambassadors
to marry the king of France, to marry the king of Spain, finally
came to parliament and said “Behold lords, I am married. See
the ring. I am married to England”.
1135
Marriage has many connotations. We have to bear that in mind
because we are dealing with words. Words in this chamber are
important. I look at the motion in that light; I look at it in
terms of what the words are. Some of them are important. We
have had definitions of marriage and what it means.
I have some concern with the motion when it says that parliament
will take all necessary steps to preserve that definition. We
need clarification on that. I do not know what that means.
Obviously it could mean invoking the notwithstanding clause of
the constitution should the courts at some future date overrule
what is contested here as being the legal definition of marriage,
but how much further do we go if we invoke the notwithstanding
clause? Do we go further than that? If two individuals of the
same sex, let us say, decide that they will fill out forms and
say that they are married, how far do we go to preserve the
definition? We need some clarity on that.
We look at the constitution. I am glad the Minister of Justice
made the amendment, because when I first read this motion,
something did not sit right. It has been a long time since I
have been in law school, but somehow I thought, there is a
jurisdictional issue here and I do not know what it is. I did a
little research. It has been commented on by my colleague from
the Bloc. Professor Hogg said:
The federal authority in relation to “marriage”—the first
branch of s. 91 (of the BNA Act)—has to be read side by side
with the provincial authority in relation to “the solemnization
of marriage in the province” (s. 92 of the BNA Act). In fact
most of the laws concerning marriage have been enacted by the
provinces, and the courts have tended to construe the provincial
power liberally. The scope of federal power has been left
largely undetermined.
I put that question to the minister and she agreed with me. I
do not know what it means to the House that the minister and
myself agree. There is Professor Hogg who may be a little more
authoritative. I cite again:
The only federal law ever to come before the courts was one which
declared that every marriage performed in accordance with the
laws of the place where it was performed was to be recognized as
a valid marriage everywhere in Canada.
It goes on to say that it was challenged, but their lordships
expanded the power of the provinces.
We are debating a motion that clearly is one of those that
overlaps the two spheres of federal and provincial authority. I
caution the House on that. We have to be very careful before we
interfere with the jurisdiction of the provinces.
A red light went on when I read this motion. I remember when I
was married that we applied to the province for a marriage
licence. It is the province that sanctions the marriage. It is
the federal government that sanctions divorce.
We have to bear in mind those words and those jurisdictional
questions when we look at this motion. They require further
debate. We will hear about that as the day wears on and it will
be a long day. I understand we are here until 6.30.
We also have to go behind the motion. This has been commented on
by the mover and seconder of the motion. We began discussing what
marriage is and what it should be and whether or not this
government has the power and jurisdiction to enforce the legal
definition. Then we moved into a debate about recent court
rulings. It is fair to say that there is a great separation here
between what is marriage and what the courts have determined in
terms of same sex benefits.
There has been some comment by both the mover of the motion and
the seconder or the speaker who immediately followed him in
reference to some of the cases. The mover of the motion cited
the Corbett case when he mentioned that the supreme court has
determined what marriage is. In that definition, which is the
court's and not his, he says it clearly requires the physical
sexual intercourse relationship, the intimacy of that physical
relationship.
It will be noted that in my opening remarks I did not refer to
that.
Marriage is a spiritual union more so than a physical union; even
more so is the spiritual element of it.
1140
If this debate is really about limiting benefits to same sex
individuals, I would go further than that. A constituent came up
to me and said, “I have no problem with this issue of same sex
benefits. I think it should go further. Why should I be
precluded from naming as my survivor my daughter who has looked
after me for 20 years?” Why should two sisters
who are elderly and have looked after each other their whole
lives, be prohibited from the rights of survivorship that we
traditionally ascribe to a husband and wife?
If this debate is really about fear of extending same sex
benefits that were traditionally to a husband and wife to members
of the same sex who have a longstanding relationship or to
members of the same family who have a longstanding relationship,
then I think that is a different debate altogether. I have some
concern that that may be the underlying thrust given the comments
that have been made and all the references to same sex benefits
and supreme court decisions.
In light of that, it is a complex motion. I applaud the member
for bringing it before the House because it is an important
motion. But those are questions we will have to hear from the
Reform Party on in terms of clarifying this important issue as
the day wears on.
Mr. Keith Martin (Esquimalt—Juan de Fuca, Ref.): Mr.
Speaker, the Reform Party has articulated a tolerant message on
the situation. Overarching the motion which we are putting forth
today is one of tolerance. I want to make that clear. I applaud
the Minister of Justice for her fine speech most of which we
agree with—
My hon. colleague touched on a very important issue, that of
registered domestic partnerships. If we take the concept of what
people do in their bedrooms behind closed doors completely out of
this issue, it will enable us to uphold the traditional concept
of marriage, one which this party supports. It will also enable
us to recognize and respect the diversity of relationships that
occur and the reciprocal relationships of responsibility and long
term commitment that exist in our country.
I ask the member from the NDP whether he would support the
concept of registered domestic partnerships when it comes to
dealing with the issue of benefits.
Mr. Peter Mancini: Mr. Speaker, I have some history and
experience in this regard, having practised family law for some
10 years.
I not only encourage registered domestic partnerships, I
encourage marriage contracts. I have represented many people who
have been through difficult divorce situations. I represented
people in common law relationships, before the courts took the
initiative to define what were the rights of people who had not
gone through a marriage ceremony but who lived in a common law
relationship for a long time. It seemed to me it would have been
a whole lot clearer, a whole lot saner, a whole lot easier and
probably a whole lot cheaper if those parties had registered what
the nature of their agreement was, what assets would be divided,
what assets would be shared, what obligations if any would arise
from the termination of the relationship.
Registered domestic partnerships are a good thing. They lend
clarity. In terms of survivor benefits, I agree it would take
care of the issue I raised which was brought to me by a
constituent about someone who wants to ensure that the person who
has looked after them who may be a family member is entitled to
share in the benefits that a traditional spouse before the
supreme court changed that definition would have shared in.
I thank the member for the question. I think it is an important
question. I would have no objection to it.
Mr. Paul Szabo (Mississauga South, Lib.): Mr. Speaker,
earlier the NDP member for Vancouver East and the NDP member for
Burnaby—Douglas talked about equality and that to deny equality
to gays and lesbians is inappropriate and we have to address
that.
The government and now most members who have spoken have said
that they support the definition of marriage which is in the law,
that of a man and a woman and to the exclusion of all others.
We then are faced with the proposition that anybody who supports
heterosexual marriage, to the exclusion of same sex marriages, is
going to be labelled as a homophobic. It is clear that anybody
who supports heterosexual marriages will then be labelled as
homophobic. I want the member's reaction to that.
1145
There is a commercial on credit cards which says that membership
has its privileges. When the member considers the decisions of
Egan, M. v H., Rosenberg, et cetera, it is clear that all of the
privileges of marriage are no longer distinctive and
distinguished.
The only thing that same sex partners do not enjoy right now are
property rights, which can be dealt with as common law couples
do, by contract.
The fundamental question is this. If there is marriage, but if
there are no privileges and no distinction to marriage, then does
it not just become a piece of paper? Why is it that the
Government of Canada, the laws of Canada and virtually everybody
in the House support marriage with no privileges?
Mr. Peter Mancini: Mr. Speaker, the first part of the
question concerned equality. I am paraphrasing, but my
recollection of Aristotle is that he said equality means that all people
are entitled to the same thing. It is a simple definition but,
like everything Aristotle said, it is open to interpretation and
it has been for some three centuries. I would also look to section 15
of the charter of rights and freedoms in determining that
equality does mean that people are entitled to the same treatment
before the law.
I do not think the hon. member meant this in the harshest tones
in which he said it, that everybody who supports heterosexual
marriages is seen as being homophobic. I do not think that is
true. I know many homosexuals who support heterosexual
marriages. I support heterosexual marriages, as I am in one.
However, I do not think it is fair to say that people who came to
our wedding are homophobic, because they certainly are not. I
know he did not mean it in that context. I think that requires
some clarification.
In terms of equality, I would look to section 15 of the charter
and I would look to the court's interpretation.
Mr. Peter MacKay (Pictou—Antigonish—Guysborough, PC):
Mr. Speaker, I am pleased to rise on behalf of the Progressive
Conservative Party to take part in this debate. The hon. member
for Calgary Centre has brought forward an issue that raises a
great number of questions, perhaps more questions than we will be
able to deal with in the time allotted for this debate.
The difficult aspect that I have with the motion and the wording
of the motion is that it talks of the need to deal with this
issue, which suggests that it is one of timeliness. I have to
take some umbrage with that. I find myself agreeing with much of
the discussion and the debate that is taking place, in particular
when it was stated clearly by the Minister of Justice and echoed
by other members that the definition of marriage already has
quite a clear definition in common and civil law in this country.
The acceptance of that reality in Canada is such that it leads
me to question the necessity for this debate at this time,
particularly given some of the very topical and more timely
issues that exist.
We know of the strife that currently exists in places like
Yugoslavia. We know, as well, that within our current justice
system there is much that needs more full and open debate. We
know that there is a crisis on the agriculture scene in western
Canada, where most, if not all, Reform Party members find their
homes. We know that tremendous challenges are being faced by our
citizens in Atlantic Canada because of high unemployment and
downturns in traditional industries like the fishery.
That is not to say for a moment that this issue is not one of
importance. It is certainly one that I would suggest raises a
great deal of emotion, which sometimes leads to extreme lines of
thought.
1150
Although it is an important issue, and is indeed important for
those assembled here today and for those across the country to
reflect on, I would suggest, given the amount of time that we
have and the issues that are currently before us, that this is
not something in which we should become bogged down. In
acknowledging that marriage has very sacred and religious
connotations and implications, and that there is always the need
for the involvement of the church in this type of debate, there
is also a need to acknowledge that there is a great deal of
tolerance and clear thinking that has to be put forward before
one draws clear legal definitions in the sand.
In my previous statement I said that the definition of marriage
remains in place and intact to this time. To suggest, as is
presumptive in this particular motion, that this is somehow under
attack and is an issue of panic or urgency for Canadians is a
misrepresentation.
This motion is very broad and asks for an affirmation, I
suggest, of what already exists. The motion restates the current
state of the law, both common and civil. Therefore, I question
the nature of the motion, but I also question the motive for this
debate. I cannot help but suggest that it is a presumptive and
provocative attempt to raise what is considered a very divisive
issue.
That is not to undermine the importance of the issue. There are
many who would argue, in fact we have heard the argument today,
that there is an erosion of social morals and that it stems from
a decline in the institution of marriage. I personally do not
prescribe to that thought. I believe that it runs much deeper
and is far more complicated. My friend, the previous speaker
from the New Democratic Party, spoke very eloquently about the
intimacy and the personal elements of marriage. I believe that
to be very true.
This motion does not call for specifics. It does not call for
an amendment to current legislation, particularly the Criminal
Code. It does not speak of charter amendments. It does not
speak of highlighting one particular right over another. It
calls for the Government of Canada to acknowledge that this is an
important issue. I think we have been given fairly concrete and
static assurances from the Minister of Justice in her appearance
in the House today.
What the motion does not do is dwell on the important issues
which, in a sense, I feel we have perhaps a higher degree of
responsibility to respond to in a timely fashion. We do not talk
about jobs, health care, education, a desire for a better quality
of life or deal with conflict where we find it. In fact, this is
an attempt to seek out a conflict on a moral issue. I am afraid
that leaders sometimes simplify issues that divide instead of
bind our Canadian people.
Some day there may be a challenge to the constitutional
definition of marriage. We heard from a speaker today that this
has occurred in the province of Ontario, and it may occur again.
Again, it underscores that there is a sense of paranoia that the
courts will completely betray us. There have certainly been
controversial decisions made, but they will be remedied over
time. There will be an opportunity for us to reflect on them and
to make corrections when needed in this legislature.
Why on the last day do we find ourselves, before we are to grant
supply to the government, discussing an issue such as this? I
cannot help but suggest that there is some degree of an attempt
to raise ire and hackles and to divide individuals, not only in
the House amongst party affiliations but around the country, for
crass political gain.
We are going to be exercising our rights in the House of Commons
today to raise grievances before voting on all of the money that
the Government of Canada is going to spend in the coming year.
To a certain degree this allotted day is a little different than
any other day. This day has a greater priority. We have an
opportunity to bring grievances to the Government of Canada.
This is an ancient right that we can exercise in this place. It
is an opportunity for us to remind the government that there is a
greater degree of accountability and responsibility that it
should be exercising.
I suggest that the government has in many ways abused the
privileges and its relationship with parliament. To a degree we
know this is happening. There is strife within the caucus of the
government.
We have an opportunity to send a message to the government today
with respect to our confidence in the job that it is doing in
representing Canadians. One of the messages that I believe
should be sent is that we are not having enough opportunity to
interact directly with ministers of the crown at committee or in
the House.
Time and time again we see important announcements made in the
press gallery instead of here in the House of Commons. We have a
very limited opportunity to interact at the committee level. We
have one hour wherein we might be able to pose a handful of
questions and receive very packed, evasive, non-informative
answers.
1155
There is a message that can be sent tonight with respect to the
confidence that we have in the government when we stand in our
place to vote. I believe that, in and of itself, it is an
important message which should be sent and received by the
government.
Turning back specifically to the motion before the House, I do
not profess to stand to speak for every member of the Progressive
Conservative caucus when I say that this is a motion of
importance which needs to be flushed out. It is not the priority
of the government at this time, nor should it be. This motion is
an attempt, I believe, to somehow give Canadians the sense that a
crisis exists and that is simply not the case.
I believe that we should be having consultations. I am sure the
mover of this motion has heard from his constituents. I know
that in my constituency of Pictou—Antigonish—Guysborough there
are many who have very strong and very reasonable attachments to
the institution of marriage. That is fine. That is the way it
should be. I do not believe that the institution of marriage is
under attack or is in jeopardy, as this motion might suggest.
There are two very separate and distinct issues. I believe the
hon. member would acknowledge that the issue of financial
security, the issue of same sex benefits accruing to partners, is
quite separate and apart. I do not believe the suggestion that
one leads necessarily to the other. The courts themselves have
given very clear rulings. The legislatures throughout the
country, provincially and at the federal level, have in some
cases led and in some cases followed. However, I do not believe
that in this forum, in this debate today, we are going to find
the magical answers that will preserve or fortify the institution
of marriage. That is not going to be accomplished.
Again, I do not believe that the institution of marriage is in
jeopardy. I believe that it is going to remain a very strong and
important institution. When we talk of family and family
definitions we find that traditional views of family have changed
and they will continue to change and evolve. That is not to say
that they will change necessarily for the worse, where there will
be a clear reversal of what we have traditionally viewed as
family. The importance of fortifying values in this country is
recognizing what is safe, what is healthy and what is going to
create a better citizenry.
I am afraid that this debate will not further that, at least not
to the desired end. When we have an opportunity to vote this
evening, the Progressive Conservative Party will be voting
individually.
Mr. Gary Lunn (Saanich—Gulf Islands, Ref.): Mr.
Speaker, I find that the member for
Pictou—Antigonish—Guysborough is not too sure where he stands.
On the one hand he is suggesting that members of the Reform Party
are trying to create panic or are attacking. He even used the
word “misrepresentation”. The member suggests that we have
ulterior motives, that this is a divisive issue. Yet on the
other hand he said that this is a motion of importance.
The member cannot have it both ways. He is talking about jobs
and health care. Those are issues which we talk about every day.
No one is suggesting that they are not important issues.
The member has to decide which way it is. I know that he and I
both agree on the definition of marriage, without question. The
member said that this motion will not fortify the institution of
marriage. Is the member telling us that this House of Commons
has no influence on our courts? We are both members of the bar.
We know that judges look to the House of Commons, to the comments
which were made and how we voted. Will this not send a message
to the courts telling them exactly where the Parliament of Canada
stands?
Which way is it? Is it an issue of importance or does the
member not believe it is? Nobody in this party is suggesting a
panic attack. Those are words coming out of the hon. member's
mouth, not from the Reform Party of Canada.
1200
Mr. Peter MacKay: Mr. Speaker, this is an issue of much
consternation, even within the member's party. I fully
acknowledge that decisions made in the House of Commons and in
parliament generally will affect the current law. They will
change the current law in most instances.
The definition of marriage and all the implications that flow
from marriage, be it a legal definition, a moral definition or a
person's own personal decision, will not be decided ultimately
here. I suggest there are constantly changing definitions and
constantly changing views of what is and what is not traditional
in the country.
It is fine for the hon. member to suggest that we should clearly
state that this is black and this is white, but that is not the
case in an issue such as this one. Try as we might to cram
things into small packages and to paint people into a corner, I
do not believe we will further the debate by taking that stance,
which is classic of the Reform Party.
Ms. Bev Desjarlais (Churchill, NDP): Mr. Speaker, I
commend the hon. member for Pictou—Antigonish—Guysborough on
his very cohesive and reasonable remarks regarding the issue at
hand.
I happen to agree with him. I believe the motion has been
brought forth to be divisive, to create friction and to create a
feeling that anyone who opposes the motion is opposed to
heterosexual relationships, is un-Christian and all other things
that will stir up the feelings of Canadians.
I have my own personal feelings about the terms of marriage.
Just as my colleague from Sydney—Victoria stated, it is a
spiritual relationship as well. It does not tie into having
children or ensuring a sexual relationship. There is more to
marriage than that, but I believe very strongly that the issue is
before the House just to create friction which does not
necessarily have to be there at a time when there are many things
of great importance to Canadians.
It is not that the issue is not important, not that marriage is
not important and not that recognizing the institution of
marriage is not important. It is. To suggest that anybody who
would oppose the motion is anti-marriage, anti-heterosexual and
pro-gay lesbian as compared to being in favour of heterosexuals
is just crazy.
It is despicable that we have a party sitting in the Parliament
of Canada which pushes that kind of let us get on gays and
lesbians attitude. Quite frankly that is what the Reform Party
does when it brings forward these types of issues ahead of very
important issues that should be before the House.
Mr. Peter MacKay: Mr. Speaker, I thank the hon. member
for her comments. I tend to agree that hot button politics are
not needed at this time in the country. Hopefully we will enter
a perhaps more stable period on the political landscape. The
last thing we need to do is to try to find open wounds and pick
at them. That is not productive.
Because of our charter and because of the way our history has
evolved, individuals in the country have been left with many
rights and freedoms, but they are often collective rights and
silent majority rights that are not always heard.
It is never difficult to find issues that inflame passions. What
is difficult is trying to find a very tolerant and non-intrusive
path to take that will be respective of the collective rights and
respective of individual rights. That is what we should be
striving to do.
Mr. Gary Lunn (Saanich—Gulf Islands, Ref.): Mr. Speaker,
it is an honour to rise on this very important issue. After
listening to the last few speakers, I want to read something:
That, in the opinion of this House, it is necessary, in light of
public debate around recent court decisions, to state that
marriage is and should remain the union of one man and one woman
to the exclusion of all others, and that Parliament will take all
necessary steps to preserve this definition of marriage in
Canada.
1205
I do not know how much clearer we can get than that. We talk
about hot button politics. With some of the comments being made
by the other parties in the House, I would be ashamed to be
associated with those parties.
We are here to talk about one issue and only one issue. That is
the definition of marriage between one man and one woman. I lay
awake last night for a long time thinking about this issue. I
truly want to thank the hon. member for Calgary Centre for
bringing forward the motion. He has been a very strong person in
support of this message and has had the courage to bring this
very important issue before parliament.
Often in the House we get caught up, and rightly so, in raising
our standard of living, taxes, health care and the war in Kosovo.
We talk about those subjects hour in and hour out and sometimes
it is my belief that we lose focus on the bigger, very important
issues. This is one of them.
I have been in the courts as a member of the bar. Judges are
always shaping the law of the land. The law of the land has been
by no means static. It is very dynamic. It changes over time.
When judges make their rulings it is very important to them that
they look at where the legislatures and the parliament of the
country stand on various issues.
Quite often lawyers presenting cases will refer to
Hansard. We have seen in recent court decisions where the
courts interpret a variety of issues. In British Columbia this
year a judge ruled that possession of child pornography is not a
crime in Canada. Of course the country was immediately outraged.
This is a case where parliament has an opportunity to send a
very clear message, and it is painfully simple, on where the
Parliament of Canada stands on the definition of marriage.
Parliament is the supreme lawmaker of Canada. We know the
definition of marriage in the books right now and we have an
opportunity to reaffirm that, which I think is very important.
Many members have suggested that there is a much deeper meaning
to what we are trying to do. I want to talk about that deeper
meaning. I want to go deep inside this definition and this
motion to what we are trying to do.
After spending hours thinking about this and looking at it from
all angles, the deepest meaning I can come up with is that we are
reaffirming the definition of marriage between one man and one
woman. Nothing else. That is it. It is painfully simple. It
cannot be confused with any other issues.
I have sat in parliament for the past few years. I appreciate
that somebody would bring forward this motion because it is what
really matters to Canadians. Actually I am offended when I hear
members of other parties trying to minimize its importance. They
have asked what the Reform Party is doing. They have said that
this law is on the books and have asked why it is wasting time
and why it has come forward with this meaningless motion.
Some 85 members of the House of Commons, or almost one-third,
have tabled petitions on the definition of marriage containing
hundreds of thousands of signatures. I cannot recall another
issue in which so many Canadian people have believed so strongly
that they wanted to send a message and table that many petitions.
I have seen members table petitions that are inches high.
1210
I am truly offended by members who suggest that this is not an
important issue to Canadians; that it does not deserve time in
parliament; that it does not deserve members of the House taking
a stand and sending an unequivocal, clear message to all of
Canada, to all the courts and to all members of the bar that this
is where the House of Commons stands on this issue. There is
nothing deeper than that.
We have heard the Minister of Justice say that she will support
it, but to suggest that this is not an important issue is to have
missed the mark. I emphasize the number of signatures. How much
plainer and simpler can we get than this definition? There are
no other issues. There is no hidden agenda, absolutely nothing.
Mr. Paul Szabo: Your nose is growing.
Mr. Gary Lunn: Mr. Speaker, I heard a member on the other
side say my nose is growing. It is ridiculous to even suggest
that.
There is one agenda. I say that sincerely, with all my heart.
In all my discussions with my colleagues in the Reform Party
behind closed doors in our caucus, the one topic that has come up
is the definition of marriage between a man and a woman. That is
it and nothing else.
If the members cannot accept that, if they cannot accept the
importance of that and what it means to Canadians, I believe they
have missed something. It is important. As a member of the bar,
as a lawyer, I think it is truly important that the House of
Commons sends very clear messages to all courts. They are
looking for that. Often we see our courts struggle with
decisions because parliamentarians have not had the courage to
make a statement; they do not want to make a statement. The
courts say this is an issue on which parliament should rule.
This is an opportunity for us. I anticipate that virtually
every member of the House will support the motion for the right
reasons. It states just what it does. It is a truly important
motion, one that I am proud to speak on, one I am proud to
represent the constituents of Saanich—Gulf Islands on, that the
Parliament of Canada believes that the institution of marriage
should be preserved, that it should be between one man and one
woman to the exclusion of all others. We should be prepared to
make that statement without minimizing it, without saying that it
is not important or without saying we should not be talking about
it.
I truly believe it is an important issue. It is worthy of the
time of the House to push it to a vote to make sure that all
officers of the courts and all the judges in the country know
exactly where we stand on the issue.
It is high time that we start sending messages to the courts on
many other issues such as child pornography and others that we
often do not deal with. It is time that we take a stand so that
the courts understand and make the definition so painfully simple
that nobody can misinterpret it.
In conclusion, I will read the motion one more time so that
everyone remembers what we are talking about, because some people
have not been able to read it:
That, in the opinion of this House, it is necessary, in light of
public debate around recent court decisions, to state that
marriage is and should remain the union of one man and one woman
to the exclusion of all others, and that Parliament will take all
necessary steps to preserve this definition of marriage in
Canada.
This is what the debate is about and nothing else. Hopefully
members have got it now.
Mr. Paul Szabo (Mississauga South, Lib.): Mr. Speaker,
despite the protestations of the member it is very clear to all
in the House, and indeed to all Canadians, that the issues are
certainly much broader than the definition of marriage and what
constitutes marriage.
1215
The Minister of Justice spoke in the House earlier and confirmed
that the motion as stated with the amendment that it is within
the jurisdiction of the federal parliament is in fact the law of
Canada. The member is quite right. The government will support
the motion on the basis that the government is defending the laws
of Canada.
The member will also well know of the supreme court decisions.
In the Egan decision there was the concept of permitted
discrimination with regard to survivor benefits. In the
Rosenberg decision and in M. v H. the Supreme Court of Canada
raised a number of issues. In fact it has painted parliament
into a corner to act and in the absence of acting the courts will
make those decisions.
It is one of the reasons the discussions are going on now about
whether or not there should be an omnibus bill to deal with all
of the items pursuant to those court decisions, rather than
approach them as we did with Bill C-78. Despite the protestations
of the member it is very clear that there is a much broader issue
on the table.
My question for the member has to do with the concept of
discrimination. If the Government of Canada, and I believe it
will, supports the definition in the existing laws and as
repeated in the motion, does the hon. member believe that
constitutes discrimination in favour of heterosexual couples or
is it discrimination against those who do not fit that
definition?
Mr. Gary Lunn: Mr. Speaker, I know the Minister of
Justice introduced an amendment. It is unfortunate that she does
not understand the standing orders of parliament. There is a
standing order that says that all motions before this House can
only be for the purview or the jurisdiction of the Parliament of
Canada. That goes without saying. That is why it was not in our
original motion. In the House we can only debate anything within
the jurisdiction of the Parliament of Canada. That is an
automatic and a given. It did not need to be stated.
With regard to the hon. member's comments on discrimination,
there is no discrimination. We are only reaffirming the
definition of marriage. Members can talk about all of the other
issues. I will state on the record that I know and I have worked
with many people who are homosexual. I have no problem with
that. That is not the issue. It is not an issue about sexuality.
This is an issue strictly about the definition of marriage. I
personally do not discriminate against any of those people. I am
quite happy to state that on the record.
That is where the members of the House want to take this
discussion which is very unfortunate, as opposed to talking about
what it really and truly is and that is reaffirming that the
definition of marriage is between one man and one woman to the
exclusion of all others. We need to send that message out in
light of recent court decisions and court interpretations. They
are not getting a clear direction from parliament and it is high
time they did. We do it on many other issues so that the courts
know exactly where the Parliament of Canada stands. The Canadian
people have elected us to make those statements in the House.
Mr. Eric Lowther (Calgary Centre, Ref.): Mr. Speaker, I
want some feedback from the hon. member on the issue that was
raised by the Conservative Party member for
Pictou—Antigonish—Guysborough. He seemed to be making the
case that this was not an issue that needed much attention, that
perhaps we were misusing a supply day.
I have noticed that the Conservative member for
Pictou—Antigonish—Guysborough has been a regular presenter of
petitions on this very same subject, along with 84 other members
of the House. There have been hundreds and hundreds of
petitions, thousands and thousands of names of petitioners
calling for the definition of marriage to be defended by the
House.
I have also noticed a number of headlines recently across the
country pertaining to recent court decisions about this. I too
think it is troubling that in the House of Commons we are having
to debate this issue which seems to be a no brainer for most
Canadians. I ask my hon. colleague what he thinks about that.
Mr. Gary Lunn: Mr. Speaker, it is very obvious. There
are five official parties in the House. Members of every single
have presented petitions on this issue. Almost a third of the
members of the House have presented petitions with hundreds of
thousands of signatures. The member for
Pictou—Antigonish—Guysborough less than one year ago, last
June, presented a petition in the House regarding this
definition.
To suggest that it is not an important issue is an insult to
every single person, every single Canadian who signed those
petitions and all other Canadians who believe in this issue.
1220
Mr. Monte Solberg (Medicine Hat, Ref.): Mr. Speaker, it
is a pleasure to address this issue today. I want to commend the
member for Calgary Centre for leading the debate on this issue
for the Reform Party and also the member for Saanich—Gulf
Islands for an excellent speech. I want to pick up where he left
off and say that this is not about hot button politics. We heard
that from the member for Churchill and seconded in a way by the
member for Pictou—Antigonish—Guysborough. That is ridiculous.
Every day Canadians contact their members of parliament about
this issue.
Millions of Canadians currently live in the institution of
marriage. We all come from the union of a man and a woman at
some point. This is not something that is foreign to people.
This is something that is part of everyday life. We are simply
taking the time to address an extraordinarily important issue in
the Parliament of Canada where it should be addressed, not
necessarily only exclusively in courtrooms or in public debate in
the newspapers or in human rights commissions. This should be
debated in what is supposed to be of all places the most
democratic chamber in the country, in the House of Commons. That
is exactly what we are taking the opportunity to do today.
I commend my colleague from Calgary Centre for really pushing
this issue. I think it is extraordinarily important. I want to
answer some of the objections I have heard today from various
members.
We heard the justice minister suggest that somehow this is a
frivolous debate, that it is trivial. I point out that we have
had 84 petitions delivered in this parliament on this issue
alone. Thousands and thousands of Canadians have signalled to
this parliament that they are very concerned about this issue and
they want it addressed.
Canadians want parliament to state unequivocally that it
believes the definition of marriage, the traditional definition,
should be maintained and that we should affirm it. We should
send a strong message to the courts that we believe in this
traditional definition of marriage. It is a definition that has
been passed down over the ages, a definition that I suppose goes
back to the time before there were legislatures, before there
were courts, back into the mists of prehistory. People around
the world settled on this relationship, the union of one man and
one woman as a privileged relationship. We need to affirm it.
That is what we are doing today.
We ask our colleagues across the way to not be cowed by people
who suggest that this is somehow hot button politics. This is an
important issue. It should be dealt with in the Parliament of
Canada.
I reject what the Minister of Justice was saying. I think the
Minister of Justice too often hides behind the robes of the
supreme court and behind the robes of provincial courts. I think
it is time that she showed leadership and we are giving her a
chance to do that today.
I simply want to point out that the courts are very
unpredictable. Many court decisions have overturned what we
thought was the common law, the common wisdom of the ages. My
colleague from Saanich—Gulf Islands pointed out that recently a
court in B.C. threw out the law against child pornography in
Canada. That is alarming to me and to many other Canadians.
When all kinds of debates are going on in the courts today with
respect to other institutions which we thought were protected in
the common law, institutions like the traditional definition of
what constitutes a spouse in common law relationships, Canadians
become alarmed. They start to say that they are concerned that
somehow this is going to end up with the courts determining that
marriage is something else other than what it has always been
defined to be. That concerns them and it concerns me as somebody
who represents those people. That is why we are speaking out on
this issue today.
1225
How many times have we debated things in this place that have
been absolutely inane? I would argue many times. I remember the
lead-up to the referendum in 1995. Over that whole period we
never did debate the issue of national unity. In that whole time
there was never a debate on that, but we debated whether or not
Canada should have a national horse. That was worthy of debate
in this place for some reason.
Here we are talking about an institution that is one of the
foundations of civil society and somehow people are suggesting
that it is not really that important, “Why do we want to mention
that? Some people will feel badly about that”. I say that is
too bad. That is the job of parliamentarians, to deal with these
issues even if they are controversial so that they are not
determined or settled by somebody else. We are elected to do
that job. We are paid well to do it. Let us do it. That is
what we are saying today.
I want to address some of the comments that came from members of
the NDP. The member for Vancouver East suggested that marriage
as traditionally defined discriminates against same sex couples.
I have news for the member for Vancouver East. Does she realize
that homosexual couples by the very definition of what that means
discriminate against heterosexuals? Maybe by definition but the
definition itself tells us about the very essence of what it is
we are talking about. It is not discrimination. It is simply a
definition that tells us what constitutes a marriage.
Gay couples can have their own relationships. They can call
them what they will. There are other relationships. Friendships
are called friendships. They are not the same thing. That does
not mean it is discrimination. It means that they are all
different and they describe different circumstances. That is all
it means. It has nothing to do with discrimination. I reject
that as another red herring. It is an obvious attempt to take us
down a whole other path and get us embroiled in this whole debate
about what constitutes discrimination.
I must address some of the comments by the member for
Burnaby—Douglas which I say are laughable. They were ridiculous
comments. My friend from Calgary Centre pointed out that in a
same sex relationship one of the genders is missing. What did
the member for Burnaby—Douglas say? He said that was an
appalling attack. He went on and on and tried to raise the
temperature in here. He somehow suggested this was
discrimination. It is a fact. If it is a same sex relationship,
one of the sexes is missing. It is pretty clear. It is by
definition the case. It is not discrimination. It is a fact.
Hello over there.
I say to the member for Burnaby—Douglas that it is time to quit
playing this game of hot button politics, to use the rhetoric
coming from the other side, and to address the issue. The issue
is whether or not parliament wants to affirm the traditional
definition of marriage.
There was also an objection from our friend from
Sydney—Victoria who spoke rather temperately on this issue. I
applaud him for his remarks. He said that this is an issue of
provincial jurisdiction, that there is a lot of overlap and that
really the federal government does not have as big a role to play
as we might suggest.
I say right off the top that no party, with the possible
exception of the Bloc, supports the upholding of provincial
jurisdiction more than this party does, but it is pretty clear in
the constitution that the federal government does have a very
important role to play when it comes to the issue of marriage.
That role is to determine who has the capacity to marry. That is
determined by the federal government.
We have to weigh in on this. We cannot wait for the provinces
and certainly not for the courts to decide on it. We have a
constitutional obligation to be involved in this and to send a
message to the courts. The courts have often asked that
parliament send a clear message. That is precisely what we are
proposing to do today. That is what I say to my friend from
Sydney—Victoria.
1230
I will wrap up with a comment to the member for
Pictou—Antigonish—Guysborough who said that this is an issue of
hot button politics. He presented a petition in this place a
year ago saying that we must uphold the traditional definition of
marriage as the union of one man and one woman to the exclusion
of all others. He spoke on behalf of his constituents at that
point. I would argue that he did a very important thing when he
did that. I trust he thinks he did something important as well.
If he is going to be consistent, then he has to admit and concur
in the debate today because this is an important issue to all
Canadians.
I encourage my friends across the way to vote in favour of the
motion.
Mr. Paul Szabo (Mississauga South, Lib.): Mr. Speaker, I
am glad the member encourages the government to support the
motion. The Minister of Justice, who spoke earlier today,
announced that the government will support the motion because it
reaffirms the existing laws of Canada.
The member spoke strongly about making the point that the debate
today was not trivial, and I concur. The fact is that laws of
Canada have been changed pursuant to supreme court decisions. If
parliament does not reaffirm its position on fundamental tenets,
then it is clear that the courts will always have that
opportunity. We have to keep reminding the courts of the
principles which the supreme parliament holds.
It is often said in some advertising that membership has its
privileges and its rights. In marriage there are certain rights
extended in our Income Tax Act, in our pension programs, et
cetera. In fact, after reading the press, it appears that the
only privilege that same sex partners do not have that married
couples have is property rights under family law. Therefore, if
a same sex couple enters into a contract with regard to property
rights, the rights and privileges of membership are all there in
hand.
All of a sudden it appears to me that marriage has rights and
privileges, but can we turn that around? If I have all the
rights and privileges, or can effectively achieve all those
rights and privileges, then why is it that I cannot be called
marriage? This is the dilemma that the House has to deal with. It
appears that the House and parliament does discriminate, but it
discriminates in favour. It is affirmative discrimination of the
family and of heterosexual couples. I want the member's
comments.
Mr. Monte Solberg: Mr. Speaker, of course it is true that
there is an exclusivity about marriage as we traditionally define
it, which means that all other relationships are outside of that
institution. I do not believe that constitutes discrimination,
at least not in the most negative sense that the opponents of
this point of view would use.
I think no matter what we do on this issue, it has to come
before this place. It is ridiculous to see these decisions being
made so often today by the courts. Ultimately, the courts cannot
establish the mores of the country. That has to come from the
people. We, as their representatives, have to give voice to
that. Those decisions should be made here in a free and open
debate.
My friend mentioned that the government will support the motion.
If my friend is an independent parliamentarian, I am surprised to
hear him say that the government will decide that. I would
expect that individual MPs will make these decisions for
themselves. That is typically what happens in a free parliament.
While I appreciate that this is probably what will happen, I
simply want to point out that in a sense he is saying that no
matter what the minister said, he would be going along with it. I
hope that is not the case.
1235
Mr. Charlie Penson (Peace River, Ref.): Mr. Speaker, I
listened with great interest and I thought the member for
Medicine Hat made a very well informed presentation. The member
spoke about the affirmation of marriage and I really agree with
that.
There was a couple in my riding who had their 60th wedding
anniversary last year, Harold and Ruby Reiswig. They renewed
their vows in a reaffirmation about the important institution of
marriage. It sent a very strong message to their friends and
family about the importance of that.
The phones in my constituency are ringing again today supporting
this resolution and—
The Acting Speaker (Mr. McClelland): That seems like a
good spot to interrupt. The member for Medicine Hat has 30
seconds to respond.
Mr. Monte Solberg: Mr. Speaker, I congratulate my
colleague from the Peace River country. I know he is a real
champion on these sorts of issues.
I simply want to say that this is a chance for the Parliament of
Canada to reaffirm its vow to this traditional definition of what
constitutes a marriage. I encourage members on all sides to do
exactly that today.
[Translation]
Ms. Eleni Bakopanos (Parliamentary Secretary to Minister of
Justice and Attorney General of Canada, Lib.): Mr. Speaker, I am
pleased to rise today to address the question submitted to us by
the official opposition, namely the conditions for a marriage to
be valid.
It seems that our friends over there are particularly concerned
that nothing be done to change the existing law, particularly
the rule that marriage may be contracted solely by two persons
of the opposite sex.
Today I would like to address this question within the very
specific context of our government's initiative, which dates
back several years now, aimed at making federal legislation and
regulations fully compatible with the civil law of the province
of Quebec, the province in which I was elected. The government
considered, and continues to believe, that it is important to
take the necessary steps to ensure that this valuable Canadian
aspect of bijuralism is reflected in fact.
What is bijuralism? It is the term that has been used for some
time to describe a situation that has existed in Canada since
the passage of the Quebec Act of 1774, namely the co-existence
within one territory, Canada, of two contemporary legal
traditions, the British-inspired common law, and the
Roman-inspired civil law.
Since 1994, the year in which the new Quebec Civil Code, adopted
in 1991, came into effect, during the reign of Quebec Minister
of Justice Gil Rémillard, the Minister of Justice for Canada
carried out numerous preliminary studies on thirty or so complex
issues, with a view to best ensuring compatibility between
federal laws and the new Civil Code. It is important to note
that this reform affected more than 80% of the rules in the
Civil Code of Lower Canada, which had been in effect up until
then, and dated back to 1866.
The federal government then proceeded to hire experienced legal
experts as well as engaging the services of a number of
professors of law and other experts. These were consulted then,
and will be again now, on the numerous questions raised by such
an undertaking.
In order to set the stage, let us say that of the 700 laws in
the body of federal statutes, over 300 will have to be amended
in the coming years to ensure compliance with the distinctive
nature of Quebec's civil law, in both letter and spirit, of all
the laws passed by this House.
One of the most difficult questions the civil code section of
the federal Department of Justice had to examine involves
pre-confederation provisions, that is, those passed by the
legislature of United Canada prior to Confederation. Although
this is only one of the 30 studies released by the federal
department in relation to its work, it is interesting to note
that it concerns much more legally complex subjects, which have
up to now been essentially not tackled.
1240
While the Constitution Act, 1867, gives parliament the
legislative authority over marriage conditions, the government
had to give some thought to the impact of repealing some 300
sections of the civil code of Lower Canada dating from 1866 in a
whole range of areas, including the one that we are concerned
with today and to the way to ensure the necessary legal
continuity.
Another basic principle of the long job undertaken by the civil
code section of the Department of Justice is to not change
existing law except to the extent and only when harmonization
with civil law requires it.
Canada's legal minds have therefore had to analyse the question
of repealing some dozen sections of the civil code of Lower
Canada on marriage in order to decide whether they should be
re-enacted and if so, how.
[English]
The institution of marriage is historically, as I said earlier
in my short history lesson, culturally and by definition a
heterosexual institution. In Quebec, a fundamental condition of
a valid marriage has always been that the two people involved are
of the opposite sex. That condition is inherent in the very
institution of marriage.
[Translation]
In its 1994 Civil Code, the Quebec legislature restated the rule
whereby only a man and a woman may enter into marriage. This
rule can be found in article 365 of the Civil Code of Quebec.
[English]
This is also reflective of the state of the law in all other
Canadian jurisdictions. This is also part of the reason why we
moved an amendment this morning to make the difference between
the federal and provincial jurisdictions.
[Translation]
The opinions of our experts led us to propose a number of
substitute clauses in Bill C-50, four of which have to do with
marriage. These clauses concern age, consent of the partners,
and dissolution of marriage, and ensure that enforcement of
these provisions is limited to Quebec.
It should be noted that this work has involved broad
consultations with associations of jurists in Quebec, i.e. the
Quebec bar, the Chambre des notaires, and the Quebec chapter of
the Canadian Bar Association, as well as the Quebec justice
department. These learned bodies have all had an opportunity to
examine the provisions of Bill C-50, including those having to do
with marriage.
In fact, representations were made to us by the Quebec justice
department, urging us to use the wording of article 365 of the
Civil Code of Quebec in clause 4 of the bill, so that
harmonization of the applicable rules would be as consistent as
possible.
We can therefore see that all necessary precautions have been
taken by government legal experts to ensure that the rule of
law, which is well established in our country with respect to
what constitutes a spouse, is not inadvertently changed.
[English]
The government has taken all the necessary steps in Bill C-50 to
ensure that the current definition of marriage in our society
would be implemented in a uniform manner across the country.
I would like to respond to comments made by opposition members.
If the government has never expressed any intention to change the
legal definition of marriage, then what is the point of the
Reform Party's motion? That is really the question today.
As a parliamentary secretary, I have often been privy to matters
in the House dealing with justice issues. I see the Reform Party
as unfortunately attempting to continue to either spread fear or
to pit, which is more dangerous, Canadians against each other. I
see it as a divisiveness in terms of pitting same sex partners
against heterosexual partners or pitting Canadians of other
origins against other Canadians. This constant attempt to divide
society has to be one of the most despicable things that I have
heard in the House and, in my opinion, it continues with the
motion. It constantly tries to make and score political points
by confusing the issue.
1245
There is no issue here. The Minister of Justice was clear this
morning that the government has no intention of changing the
definition of marriage. It has never said that it would and she
put that on the record this morning.
I ask Canadians who are listening to this debate to ask the
question of themselves: Why was the motion brought forward in
the House?
I will be sharing my time with the member for Mississauga South.
Mr. Rick Casson (Lethbridge, Ref.): Mr. Speaker, I
listened to about 95% of not a bad presentation and then the last
5% got a little crazy, I think.
I have received over 100 phone calls in my constituency office
in the last two days in support of this motion and in support of
what we are doing today.
People are concerned about this because of the confusion that
has been created by recent rulings. It is not clear to people
where parliament stands on this issue and for the member to say
it is irresponsible for us to bring the issue to this place is
not acceptable.
An hon. member: It's cheap politics.
Mr. Rick Casson: That's wrong.
The fact is that Canadian people are concerned. There is no
other issue on which I have received this many phone calls from
people in my riding.
It is important to Canadians that this be discussed and that
parliament reaffirm that the definition of marriage as it exists
is the one we will stand by.
Ms. Eleni Bakopanos: Mr. Speaker, I am also a member of
parliament and I also receive phone calls. A lot of time those
phone calls are made because Canadians are misinformed. I would
like to say that they are misinformed by the fact that these
types of motions are brought forward. They lead to confusion.
Yes, people want to know where the government stands. I am not
debating the fact that we should not have a definition of
marriage. As the minister said, there is a definition of
marriage.
As parliamentary secretary I have been privy to a lot of
discussions in the House about the role of the judiciary, the
role of the rule of law in the country, something which I believe
Her Majesty's Official Opposition has never respected.
The hon. member made a comment earlier about the minister hiding
behind robes. That is a totally irresponsible comment, that the
Minister of Justice should not respect a decision made by the
highest court of the land, the Supreme Court of Canada.
An hon. member: The rule of law.
Ms. Eleni Bakopanos: The rule of law has never been
respected, unfortunately, and every time we want to change a
decision made by the highest court we turn to parliament. This
is not a police state where the government runs the courts; this
is quite the opposite. We respect the courts. That is what the
government has shown. That has not been the intent of Her
Majesty's Official Opposition.
Mr. Eric Lowther (Calgary Centre, Ref.): Mr. Speaker, I
appreciate the member's position. I do not agree with it, but I
appreciate it.
Really what we are trying to do, and I want to help her
understand it, is assist the government in showing some
leadership on this issue.
The courts themselves have asked for direction from this House
on these issues. I am referring to a case in Ontario in which a
judge said “The fact that there was a dissenting opinion in this
case”, which was a case having to do with marriage, “indicates
that there is indeed confusion about whether marriage could be
between people who are not of the opposite sex. Again, there is
a need for parliament to show leadership and give guidance on the
issue”. Those were the words of the judge. The courts are
looking to the House to give direction on these issues.
Did the Liberal government intend for spouse to be redefined as
the courts have done? We do not know. Is it going to wait for
the courts to redefine marriage or will it step up to the
leadership role that people expect of it and which the courts are
calling for?
Ms. Eleni Bakopanos: Mr. Speaker, I do not think anybody
has said in the House that we want to stifle debate.
There has been a pattern created, whenever a decision has been
by the highest court of the land, that Her Majesty's Official
Opposition chooses, when it dislikes that decision, to ask that
parliament act.
I do not believe that is the role of parliament. The role of
parliament is to ensure that we have the best legal minds in the
country to interpret the type of legislation that is adopted by
the House.
I will repeat what the minister said this morning. There was
never any intention by the government to redefine marriage.
1250
Mr. Charlie Penson (Peace River, Ref.): Mr. Speaker, it
is my feeling that the highest court of the land is the
Parliament of Canada. I wonder if the hon. member would disagree
or agree with that.
Ms. Eleni Bakopanos: Mr. Speaker, the highest court of
the land, if we are talking about the Supreme Court of Canada, is
a place that we should all respect. I dare to say that often in
this parliament I have not heard respect for the best legal minds
that we have in the Supreme Court of Canada given by Her
Majesty's Official Opposition.
Mr. Paul Szabo (Mississauga South, Lib.): Mr. Speaker,
this morning when I watched the news a representative of a
particular group said “It is sad that parliament will be
debating the continued discrimination against a certain group of
people”.
I came into the lobby this morning and a staff member walked in.
It was quite quiet in the lobby. The staff member made a comment
to the effect that “The motion today is about marriage. Boy is
that boring and inconsequential”. It is neither boring nor
trivial. In fact it is a very important motion. It comes down
to some fundamentals.
I often hear in this place talk about the broader issue, which
no one wants to mention, about the proverbial line in the sand.
The line in the sand, apparently, for many has to do with
marriage. That is the line in the sand.
Policy by its very nature is discriminatory. It has to be
discriminatory. Otherwise we would not need laws to identify who
is included and who is out, who gets benefits and who does not.
Policy by its very definition, by its very nature, is
discriminatory.
To say that is to raise the issue of the context of
discrimination. Earlier I spoke about the definition of
discrimination. It is clear that if we look to many sources we
will see that discrimination has negative connotations,
prejudice, bias, victimization and so on. It also has the
connotations of distinguishing between groups or favouring or
identifying distinctive characteristics. There are other
applications. In our laws we have many forms of discrimination
which discriminate in favour.
I will highlight a couple of examples. On the income tax return
for Canada there is a line for old age security. We get it
because we are 65. It is age discrimination. It is in the
charter of rights that we cannot discriminate on the basis of
age, but we do discriminate because if a person is 65 they
receive old age security. It is discrimination in favour of
seniors.
Why is someone not here saying that we all have to be equal?
Should we not all be equal?
What about disability benefits? There is discrimination in
favour of those who are disabled.
There are a number of provisions for things such as investment
income. A couple can pool their income. One can invest all of
theirs and declare all the income. A single person with a
partner cannot do that. There is discrimination on the basis of
recognized partnership.
Alimony is another example. Another is registered pension
plans, RRSPs. We can buy a spousal RRSP which can be rolled over
upon death. These are all discriminatory in favour of a
particular group.
If we look at child care expenses, we discriminate in favour of
those situations in which both persons in the union are working.
They receive a deduction, which is not available to those
families who have one spouse providing direct parental care. It
is discrimination, but it is discrimination in favour of
something.
On that point I look back at history. It was brought in
initially to take care of the situation of lone parents, because
of that unique situation where there was hardship. It was a
social benefit. It was not an employment expense. There is a
debate on that as well.
There is an age for the non-refundable tax credit. When a
person is 65 they receive it. There is the Canada pension plan,
the transferability of tuition fees and education amounts. I
could go on and on. That is simply from the Income Tax Act. We
could imagine how many examples there are in our system of
taxation and of benefits which are discriminatory by their
nature. They are discriminatory at the discretion of parliament,
reflecting the social values and the will of the Canadian people.
1255
We should not talk about discrimination solely in the context of
a negative. I think it is important for the House to stop using
the word discrimination and start talking about valuing. How do
we value things?
I have heard members of the NDP today, from Burnaby—Douglas,
Churchill and Vancouver East, all demand that we need equality
among people. The equality they are seeking is equality of
individuals. NDP members are asking for the equality of
individuals as represented by the Canadian Charter of Rights and
Freedoms and our constitution. They want individuals to be the
lowest common denominator.
Everyone should be treated the same, but the issue is, if we are
going to treat everyone the same in regard to the context of this
debate, it will then lead to the question of how we treat
everyone with regard to all of our other tax laws and policies.
Should we not treat everyone the same? Should we not reduce
ourselves to the lowest common denominator? Should we not just
be a vanilla society? Should we not just say that relationships
do not exist in our laws? Why do we not just say that we are all
individuals? There is a very good reason. It is because we are
a society and a society, by definition, is more than a collection
of individuals. There is a synergy in a society. There are
certain things that happen.
Some will object to my doing this, but I want to note that the
Archbishop of Toronto, Cardinal Aloysius Ambrozic, wrote a letter
concerning Bill C-78, which, as members know, has something to do
with this issue. He talked about the family. We have not talked
about the family yet and whether we put the family on a pedestal
because the family has an important role to play. I would throw
in that there is one definition of family that we all have in
common, which is a child with a biological mother and a
biological father. That is the family.
The Cardinal referred to the family. He said “They and their
children constitute the family—the original cell of social
life”. He quoted Pope John Paul II:
In their primary mission of communicating love to each other, of
being co-creators with God of human life, and of transmitting the
love of God to their children, parents must know that they are
fully supported by the Church and by society.
We are here representing the interests of that society, not a
collection of individuals. In fact we are also here very
delicately trying to defend the family, trying to defend that
fundamental basic unit of society without which we would cease to
exist.
There is a special role. It is the procreative role that a
couple has, a man and a woman. It is that role which we hold
very dear, which we put on a pedestal, of which we discriminate
in favour. It is why we have spousal benefits, spousal
transfers, survivor benefits and all kinds and manners of
benefits for the family.
I challenge anyone in this place to look at history, at the
debate on all of those items on which some would say there is
discrimination, to find one example of anybody who suggested that
the reason it was being done was to be detrimental to some other
group.
The debates underlying the laws of Canada are clear that
discrimination within our system is affirmative discrimination.
We discriminate to reflect values. If we did not do that then it
would be a vanilla society. It would be a society which has no
values, no vision for a millennium, nothing to pass on other than
we are all individuals.
The issue here also has to do with the courts. Some believe
that the courts have made law to the exclusion of parliament.
Some believe that the courts have gone too far, that the pendulum
has swung too far. Some are calling for parliament to stop the
pendulum and to revisit this issue. Are we going to
discriminate?
The very definition of marriage, to the exclusion of all others,
which has been part of British common law since 1866, is
discrimination: “to the exclusion of all others”. However, it
is affirmative discrimination on behalf of the Canadian people
who value and cherish and have great pride and joy in the
Canadian family.
1300
Ms. Bev Desjarlais (Churchill, NDP): Mr. Speaker, I have
to comment on the lowest common denominator. I am sad to say the
member for Mississauga South sort of reached the lowest common
denominator by suggesting that the only recognition of family in
Canada is of a biological father, a biological mother and a
child. That certainly might be his narrow minded vision of a
family, but I would suggest a great many families out there are
not biological children or biological parents.
Canadians have recognized over the years that the definition of
family needs to go beyond biological mother and father. Part of
the reason for that is that families of biological mothers,
fathers and children have not always been perfect. The
relationships among those families have not been perfect. Because
of the imperfections, families do not stay together as biological
mothers, fathers and children. Changes have to be made. The
numbers were great enough that there was an understanding among
Canadians that family could not just be considered in that way.
I take this opportunity to say once again that the term marriage
should be all that it is, but it is quite clear to me that the
Reform Party and the member for Mississauga South have an
underlying agenda. It is not just the term marriage. They are
talking about Canadians rehashing the whole issue of whether or
not same sex relationships should have any benefits and any
recognition. That should not be the case.
Mr. Paul Szabo: Mr. Speaker, I believe the member
misheard me. I did not say the exclusive and only definition of
family is child with biological mother and biological father. If
the member would check the blues, she would see that I said that
there is one definition which we all have in common. I bring
that to the attention of the member. It is different.
With regard to another agenda, I raised the points not to stir
up the pot, as it were, but rather to suggest that the definition
of marriage is discriminatory in favour of heterosexual couples.
It is affirmative discrimination. Some are suggesting that
affirmative discrimination is okay. Others are suggesting that
discrimination against same sex couples is negative and should be
thrown out. There is a debate pointer.
Mr. Jason Kenney (Calgary Southeast, Ref.): Mr. Speaker,
like the member for Mississauga South, I attended the last
Liberal Party of Canada annual convention.
We heard earlier the Minister of Justice say that this was not
an issue, that it was redundant. I have the Liberal talking
points put together by some nameless hack which say that if the
government has never expressed any intention to change the legal
definition of marriage then what is the point of Reform's motion
and that clearly it is just part of a continuing attempt to fear
monger, et cetera.
I was at the last Liberal Party convention as was the member. I
remember a resolution being passed by the Liberal Party of Canada
which strongly urged the federal government to recognize same sex
marriages in the same way that it recognizes opposite marriages
in its distribution of benefits.
Could the hon. member comment on the remarks of the attorney
general that this is not a relevant point when her own party, the
party of which he is a member, voted to change the definition we
are seeking to uphold through the motion today?
Mr. Paul Szabo: Mr. Speaker, the member will know even
from his own party that the party membership passes resolutions,
many of which are in contradiction to each other. They do not
form government policy. They are there on an advisory or on a
discussion basis. They are not binding on the party, and the
member will know that.
I take the opportunity to point out that I think the debate
should take on a view or a focus which talks about what we value.
We have to talk about being for things and not against things.
In my speech I tried to identify that there are certain things
we value in society such as healthy stable families with children
who provide the future of society. Those things should be valued
to the exclusion of others simply because of the most special
role the family provides. I support them and I discriminate in
favour of the family.
Ms. Marlene Catterall (Ottawa West—Nepean, Lib.): Mr.
Speaker, I must very respectfully disagree with my colleague and
his definition of family.
Frankly my husband and I are family whether we do or do not have
children living with us or whether we ever had children living
with us. His narrow definition is one I do not accept.
1305
Mr. Paul Szabo: Mr. Speaker, I will repeat the same
answer I gave to the other member. I did not define the family
exclusively and that is it.
I said very clearly, and I will repeat it again, that there is
one definition of family that we all have in common. For
everyone on the face of the earth the common denominator is a
child with biological mother and biological father. That is not
speculation. That is not some wild idea. That is a fact.
Mr. Chuck Strahl (Fraser Valley, Ref.): Mr. Speaker, it
is a pleasure to enter into the debate today on the issue of
marriage and its importance to society.
As we get into things such as definitions, the roles of
marriages and families and so on, we should withdraw a bit from
some of the debate and reflect upon the joyous state of marriage
which many people enjoy and covet in a free society.
Personally speaking, I just celebrated my 24th wedding
anniversary. I often say that the years I spent before I was
married were the only wasted years of my life. Since then it has
been pretty good. What we are debating today is:
That, in the opinion of the House, it is necessary, in light of
public debate around recent court decisions, to state that
marriage is and should remain the union of one man and one woman
to the exclusion of all others, and that Parliament will take all
necessary steps to preserve this definition of marriage in
Canada.
The reason it is a delight to have the motion before us today is
that it affirms marriage. It does not say that it is against
anything. It does not say that we belittle other relationships,
but there is only one marriage. A marriage is the union of a man
and a woman as recognized by the state. It may be a church
wedding. It may be a common law wedding. It may be a justice of
the peace. The fact is that a marriage is a union of a man and a
woman, and a glorious union that is. Again we are affirming that
today.
We are asking parliament to step up to the voting line to say
where it stands on the issue. We have read a lot in the press
about different court decisions and about different positions in
response to petitions. We have heard comments from different
parties about their reluctance to agree and so on. Now is the
opportunity to step up, as we will do that later this evening, to
say whether we in favour of this, yes or no. It will be my
pleasure to step up to say this is the definition of marriage.
Someone earlier asked about the definition of family. Our party
has defined it but not loosely. It is pretty easy to define
family. Family is those people who are related by blood,
marriage or adoption.
Is a single mom with some kids a family? Yes, by blood. What
if she adopted a couple of kids? By all means. What about a
single father? Of course. Those are families, and we recognize
that. Our party recognizes that and affirms that they play an
important role in society. That is another great debate. Today
we are affirming that marriage is a union of one man and one
woman as recognized by the state. That is what this is about.
Why should we bother with this debate? I believe the courts and
society in general look to parliament to set the pace and the
agenda not only for legislation and human rights tribunals but
also for the courts. The courts often state that they are
looking to parliament and legislatures for guidance on issues
like definitions contained or not contained in legislation.
When I gave a speech about the supreme court in my home riding a
while ago, I mentioned that some people were exasperated, with
some justification, with how pervasive rulings had become and how
much they influenced society and parliament.
1310
While I agreed there was cause for concern, I said that the
greater concern was weak-kneed, yellow-bellied legislators who do
not have the courage to step up and say what needs to be said in
legislation. They should step up to the batter's box and tell
the supreme court not to worry about a definition in the
immigration law or in the spousal benefits law or in whatever law
it might be because we will give it to them. We are not afraid
of it because we had a good debate on it, took a vote on it, and
Canadians through their House of Commons decided and gave
direction to the courts.
When people get annoyed with the supreme court I ask them to
pause for a second. While they may be annoyed with the supreme
court, they are also annoyed with legislatures and legislators
that do not do their job in this place and in provincial
legislatures across the country. That is where we should expect
good, intelligent debate and where decisions should be made and
carried to the courts, not the other way around.
The next point is allowing Canadians to be heard on the subject.
I debated with the member for Burnaby—Douglas this morning on
Canada A.M.. He was proposing that God be removed from the
constitution. I took the opposing view and we had a debate back
and forth about whether or not it should happen. The only thing
we agreed on was the need to have and to allow good debate on a
controversial topic.
He may want to remove it. More power to him, if he can convince
somebody. Personally I think an overwhelming majority of
Canadians would agree with my position. Whatever, the place to
debate controversial subjects is not in the back rooms of a
courthouse. By all means bring it here for Canadians to discuss
in their House of Commons. We should not be afraid of any of
that.
At one time I had an experience with the unique position of
marriage as opposed to common law. It was at a funeral held for
a solider, a constituent of mine who was killed during a land
mine exercise in Bosnia. He married the lady of his dreams just
before he went there. They had a ceremony. He went over there
and he was killed in a land mine accident.
I remember his commanding officer saying to me that it was
fortunate the couple had married before he went away because now
they could help her. They could look after her. They could
extend the open arms of friendship, which any human being would
do for another human being, but because of the unique marriage
relationship it would not involve a two year waiting period or a
court case. There was a marriage certificate. I do not know
whether it was a civil or a religious ceremony. It did not
matter because the marriage ceremony brought with it a sanctity
recognized by this place about the important role of marriage in
that the survivor would receive survivor benefits from the
Canadian Armed Forces.
It was a very emotional ceremony during which the colonel
pointed out the unique role of marriage in society. We could
leave that funeral and say to one another that at least she would
be well looked after, at least by being married they had sent a
message to Canada and in return our Canadian parliament said that
it respected that and would help her in her time of loss in a
material way, a small way.
I am thrilled that we can talk about something as positive as
marriage today, that we can affirm it and the role of this place.
There are other legitimate relationships of all kinds, but today
we are talking about marriage and the need to preserve that
definition. I am glad the Minister of Justice has said she also
agrees with that.
Let us put aside other relationships and their importance for
another debate on another day, but on this day Canadian
parliamentarians will stand to be counted on the definition of
marriage and talk about the positive, important role of marriage
in society.
1315
Mr. Janko Peric (Cambridge, Lib.): Mr. Speaker, I listened
very carefully to the member's excellent speech. In my point of
view, marriage is not just a contract between a man and a woman,
it is more than that.
I have been married for 29 years. When my wife and I entered
into our marriage, we made a commitment to each other that we
would share good and bad things for the rest of our lives. More
than that, to me as a Roman Catholic, marriage is a holy
sacrament.
I ask my hon. colleague, how has marriage expanded in his view,
not only as a contract, but from the spiritual side? How would
he look at it?
Mr. Chuck Strahl: Mr. Speaker, that is an excellent
question.
For the purposes of this debate I talked about the technical
definition of marriage, which is the union of a man and a woman
as recognized by the state. In other words the state recognizes
that there can be a civil ceremony with a justice of the peace
and so on.
What the member is talking about of course is a church wedding,
a church marriage. People make a vow not only about the
recognition before the state, but they also make a vow based on
their faith in God and the scriptural perspective they bring to
it.
I agree with the member that many people, I would suggest most
people, when they enter into a marriage contract, do not think of
it in terms of what one or the other can get. They enter into it
in the traditional faith perspective of the two shall become one.
It is not just a case of having a prenuptial agreement and
splitting things up later if it does not go right. Most people
enter into it in a very serious and solemn way. It is a joyous
but a solemn occasion where they say “You and I are getting
together. We are not getting together to split things down the
middle; we are getting together so that we two shall become
one”.
I agree with the member that most people on their marriage day
make that commitment because they want it to last forever. I
agree that is why most people head into it. That is why the
tearing apart of a marriage when it does not work out is so
traumatic. It is said that when it comes to stress, it is next
to a death in the family. There is nothing more stressful than a
separation in a marriage.
That is why the things we can do here to promote and encourage
marriage and to help—
The Acting Speaker (Mr. McClelland): It was really
difficult for me to capture your eye but I had to interrupt.
Mr. Pat Martin (Winnipeg Centre, NDP): Mr. Speaker, in
making some of his points, the hon. whip for the opposition used
a very moving story about a soldier who went off to Bosnia but
was married just prior to leaving. I understand the point of the
story to be that it made it easier for the widow to collect
benefits by virtue of the fact that they had gone through the
actual marriage ceremony.
I would like to ask him in the most serious of ways, what if
that soldier who went away and was killed was part of a long term
homosexual relationship, a long, stable, loving relationship?
Maybe they co-owned a home and had joint assets. Then the soldier
went away and had the terrible accident with the mine. Does the
hon. member think that the grieving spouse in that relationship
should have access to the same benefits as the spouse in the
member's story?
Mr. Chuck Strahl: Mr. Speaker, the member did get the
point of my original story. Because of the marriage contract, so
to speak, and the fact that a marriage has taken place, the state
has said that all the waiting periods and all the proving of
conjugality are set aside. They do not have to prove they are
sleeping together. They do not have to prove it is a long term
commitment.
They do not have to go through a two or three year waiting
period. They do not have to have children. The marriage ceremony
brings with it a certain legitimacy which happens the moment the
documents are signed. Not to belittle other relationships,
marriage brings with it legitimacy and carries it from that
moment forward.
1320
The member put forward a hypothetical case. The idea of long
term relationships and dependent relationships is an issue which
probably deserves another debate in the House. I encourage the
member and his party to bring it forward. Other members have
brought forward the idea that we should base our benefits on
dependency rather than on marriage.
I used the example because marriage brings with it something
special which has been recognized for eons. The moment the ink
is dry and the couple runs out of the church under a shower of
confetti, that moment is special. It is special not only in the
church, not only before the state, but it is special between the
two people. For the marriage definition, those two people are a
man and a woman.
Mr. Maurice Vellacott (Wanuskewin, Ref.): Mr. Speaker, it
is remarkable that we should even be debating this in the House
of Commons today but I take real delight in addressing the motion
that has been put forward and I gladly affirm it.
When one thinks of the glue that holds societies together, one
cannot help but think of the institution of marriage and the
family unit which is the fundamental building block of society.
The motion the Reform Party put forward today speaks to the
current legal definition of marriage in Canada as the union of
one man and one woman to the exclusion of all others. In putting
forward this motion the Reform Party is simply affirming or
echoing its longstanding policy that marriage is the union of a
man and a woman as recognized by the state.
Why are we debating such a topic? Why are we spending time
discussing something that would seem to be so self-evident? There
has been a chronology of events over the last number of months.
Some people believe that the institution of marriage is in
danger of being radically changed in law due to recent court
rulings. As we all know, a series of court decisions have been
made in which various kinds of benefits previously restricted to
heterosexual couples have now been extended to gay partners.
A year ago in the Rosenberg decision the Ontario Court of Appeal
changed the Income Tax Act to extend pension benefits to gay
partners. Just last month the supreme court declared in its M. v
H. ruling that gay partners are subject to the alimony provisions
of Ontario's Family Law Act. Some people believe that marriage
will be the next to fall and that gay marriages may be just on
the horizon or just around the corner. This does not need to be
the case and should not be the case in my view.
We are here today to affirm both in debate and by means of a
vote that there is no necessary connection between extending
benefits to gay partners and legalizing same sex marriage. Some
people will want to see a connection between them but there does
not have to be and there ought not to be.
Let me quote the justice minister on this point. In an April
24, 1998 letter she stated:
I continue to believe that it is not necessary to change
well-understood concepts of spouse and marriage to deal with any
fairness considerations the courts and tribunals may find.
That statement clearly distinguishes between the extension of
benefits, which is what the courts have been ruling on, and the
definition of marriage, which is what they have not been ruling
on. The conclusion drawn by the justice minister is that
homosexual individuals can be treated fairly without having to
alter the definition of marriage.
The Prime Minister of the land made the same point in a May 21,
1999 press release which responded to the M. v H. decision. He
said:
We believe that it is not necessary to redefine concepts like
marriage in order to ensure access to benefits and obligations
for people in committed relationships in a way that is fair to
all Canadians.
Clearly the government and the Reform Party are in agreement
that gay marriage is not a logical progression from recent court
rulings on questions of benefits. They are different issues that
belong in different categories.
I want to address the question of why it is that marriage is a
unique institution that deserves to be guarded and strengthened
in our nation. The institution of marriage has brought great
benefits to our society.
In the vast majority of marriages, children are brought into the
world providing our country with its future citizens, workers,
leaders, mothers and fathers, and so it goes.
1325
Marriages provide the most stable, enduring context for the
development of individuals during the formative years of
childhood and thereafter on through their teenage years. A mom
and a dad have an influence on a son or a daughter well on into
their adult life.
It has been proven statistically that families in which the
parents are married are the most stable families. That is a
documented fact. In this way marital relationships contribute to
the dignity, the stability, the peace and prosperity of the
family and of the greater society.
Why does a marriage bring these benefits, we ask. When a man
and a woman enter into the marriage relationship, it is almost
always for the express purpose of making a lifelong commitment
which will form the basis of family life and the environment in
which children will be reared.
I have had the privilege over a decade and a half in a previous
life of officiating at marriage ceremonies, as the one
solemnizing that marriage. It has been a awesome privilege to
watch the groom and the bride stare into each other's eyes as
their emotions well up. On those many occasions I found myself
being caught up in the significance of that very momentous
occasion when a man and a woman come together to commit their
lives together. I would say in all of those cases and in the
premarital counselling that preceded, although marriages do break
down, it was the intent of the two coming together that it be a
lifelong commitment to one another, a loving relationship in
richness and in poverty, in sickness and in health and so on as
the marriage vows go.
Even though regrettably marriages sometimes break down, the fact
that marriage relationships are much more stable than common law
relationships makes one thing very clear: very few people enter
into the marriage relationship flippantly. It has been my
experience and the experience of many others whom I have talked
to, colleagues and numerous other people, that most have
carefully thought about that commitment, some more than others.
They thought about the commitment they were making and they said
those vows sincerely and solemnly. They realized that they were
participating in something much larger than themselves, something
that most Canadians from various religious backgrounds believe is
designed by God.
My point here is simply that people are serious when they get
married. This seriousness and depth of commitment to the
marriage is what benefits the children who are born and raised in
that context in those stable families. That is of great benefit
to all of society.
Because of the way in which the institution of marriage benefits
society, we need to guard it, we need to protect it and we need
to promote it. The institution of marriage as a union of one man
and one woman must be preserved, protected and promoted in both
the private and the public realms. It would be foolish to
undermine the uniqueness of the marriage relationship. Any
society that does so risks losing the benefits that have come to
society from marriage and from the high regard in which it has
always been held.
Of course some people are not thinking about the health of the
larger society when they are willing to sacrifice the societal
benefits that come from marriage in order to engage in a form of
social experimentation. Such people may regard marriage as
little more than a form of self-expression, but marriage must
not, marriage cannot be reduced to that level. It is much more
than a form of self-expression. It is the glue, some would say
the crazy glue that holds society together today and lays the
groundwork for the society of tomorrow.
The institution of marriage is not something to be toyed with.
Were we to abandon the uniqueness of marriage, I am convinced
that we would pay a heavy price for such social experimentation.
We would be killing the goose that lays the golden egg. Down the
road, two decades from now or whatever number of years down the
road, we would be looking back and we would rue the day that the
slide began and that decisive moment of change occurred. We must
not go down that road and have to pick up the pieces later.
To tinker with the institution of marriage would send the wrong
message. First, it would send the wrong message to our young
people. Surveys have shown that young people are actually more
optimistic about relationships and starting a family some day
than even many of their parents were. This optimism is good. It
needs to be encouraged.
Second, were the institution of marriage to be changed, we would
be sending a wrong message to common law couples who have
children and are contemplating making a lifelong commitment to
each other in marriage, that formal commitment, that celebration
and that actual ceremony before the public.
1330
Obviously many couples who are married today were formally
living together in common law relationships and at some point
decided to commit themselves to each other in marriage, which is
something to be encouraged and welcomed. The children in such
relationships can only benefit and society in turn benefits.
The motion we have considered today is an important one. It
seeks to defend the current legal definition of marriage in
Canada as the union of one man and one woman to the exclusion of
all others. In putting forth the motion, the Reform Party is
simply echoing its long-standing policy that marriage is the
union of a man and a woman as recognized by the state. It is
monogamous. It is one man and one woman for life.
Opposite sex, is defined as well.
We look forward to the vote tonight and to see the House affirm
that long-standing, age old, historic definition of marriage.
Mrs. Judi Longfield (Whitby—Ajax, Lib.): Mr. Speaker,
the motion before us from the member for Calgary Centre is pretty
straightforward. It asks that the House reaffirm its commitment
to marriage with the legal definition of marriage as being the
union between one man and one woman. Quite frankly, I have
absolutely no hesitation in saying that I support this 100%. What
is regrettable is that the motion has taken on a life other than
what it should be.
The whole idea of survivor benefits and what we are doing in
other pieces of legislation needs a full and wholesome debate on
its own. That is the subject of another debate and I would not
want to see it confused.
I have great difficulty with pieces of legislation that deal
with conjugal relations because I do not think survivor benefits
should be based on one's sleeping habits or who one is sleeping
with. There are other ways to define who might be the recipient
of a survivor benefit. It in no way demeans other kinds of
relationships. What we are talking about here is the legal
definition of marriage.
I do not have a question so much as a comment. I do not think
it is inappropriate that we, in this House of Parliament, state
for one and all our reaffirmation that marriage is the union
between one man and one woman.
Mr. Maurice Vellacott: Mr. Speaker, I appreciate the
affirmation of the member across the way. The whole intent and
point of the debate is to make it very clear to the public and
have it on the record that we are defending, affirming, strongly
avowing and supporting the institution of marriage and the
traditional view of it.
Mr. Sarkis Assadourian (Brampton Centre, Lib.): Mr.
Speaker, I too have no problem supporting the motion, but I have
a question for the hon. member.
Many Canadians of the Muslim faith are allowed to marry more
than one woman. The motion defines marriage as being the union
between only one man and one woman. How would this affect a
person of the Muslim faith if he is married to more than one
woman? Would that be defined as a family by this motion or would
there be a different category for them?
Mr. Maurice Vellacott: Mr. Speaker, I would like to bring
to the attention of the member, as he is obviously aware, that
within Canada, this great Dominion of ours from sea to sea to
sea, monogamy between one man and one woman is the law. That is
the rule.
Ms. Bev Desjarlais (Churchill, NDP): Mr. Speaker, I also
want to acknowledge that I support the term of marriage as a
union of a single man and a single woman. However, I do think
other issues have been brought into this as well.
Can the hon. member tell me what he would perceive as the
relationship of same sex couples and whether or not they should
receive the same benefits that married couples receive? Should
that be the case, or is the issue that we want to affirm marriage
and make sure that same sex couples never have the same benefits
that married people have? Does he have another term that may be
used for the commitment that same sex couples show to each other?
1335
Mr. Maurice Vellacott: Mr. Speaker, for the purposes of our
debate today, we are of course debating the marriage definition
itself.
The member raised a very valid question. Her party may put it
forward on a future day that it should not be based on sexual
involvement or a conjugal relationship, but we would also need to
know the cost. The public would then have to be engaged in the
debate to determine if that were in the greater societal
interest. There would also have to be a full debate the House of
Commons, and I would encourage that.
Mr. Sarkis Assadourian: Mr.
Speaker, the hon. member should know that when a man with more
than one wife applies for immigration status in Canada, he is
disqualified by this motion from being called a family. If a
Muslim family from the Middle East or anywhere else applies to
come to Canada with more than one wife, the hon. member is
basically asking them to drop the other wives at home, break up
the family and come back here.
The hon. member must address this issue before we vote on the
subject. It is a very important issue.
Mr. Maurice Vellacott: Mr. Speaker, does the hon. member
want to put forward a motion to the effect of affirming polygamy
in our country? I am not exactly sure of his intent. However,
as our law presently states, a marriage is between one man and
one woman. It has been long held in our Judeo-Christian setting.
Mr. John McKay (Scarborough East, Lib.): Mr. Speaker, I
will be splitting my time with the hon. member for
Wentworth—Burlington.
I think this is an important debate and I am pleased that the
hon. member has brought the issue to the House. The motion
reads:
That, in the opinion of this House, it is necessary, in light of
public debate around recent court decisions, to state that
marriage is and should remain the union of one man and one woman
to the exclusion of all others, and that Parliament will take all
necessary steps to preserve this definition of marriage in
Canada.
I would like to take this opportunity to comment on the public
debate around the recent court decisions, in particular to talk
about those decisions and suggest some steps that we must next
take.
In my view, parliament has been silent too long on this issue
and has, by its neglect, deferred to others in areas of intense
controversy among Canadians. The leading decision in the field
is Egan and Nesbit, which was a challenge to the spousal
allowance provisions of the Old Age Security Act. In May 1995,
the Supreme Court of Canada dismissed the appeal of Egan and
Nesbit by a 5:4 margin.
The court, however, was unanimous in its view that sexual
orientation was an analogous ground and triggered section 15
protection. A 5:4 majority found that the spousal issue
discriminated on the basis of sexual orientation and therefore
infringed section 15. However, a different 5:4 majority found
that the discrimination was justified under section 1 of the
charter. The conclusion appeared to be based, at least in part,
on the view that the court should be reluctant to interfere in
parliament's choice in respect of socioeconomic pieces of
legislation.
It is quite obvious therefore that this is a very divided court,
as is society. However, it had the wisdom to offer this advice
to parliament in May 1995 when the decision was rendered:
The issue of how the term spouse should be defined is a
fundamental social policy issue and parliament should decide it
and parliament should listen to and balance the competing social
issues, the philosophical issues, the legal, moral, theological
issues that go into this definitional process. The court
shouldn't be deciding it. Parliament should be deciding it and
the court should defer to parliament.
This is hardly an enthusiastic endorsement for interfering in
different areas of jurisdictional competence or, as some have
suggested, judicial activism. I would submit quite to the
contrary, the courts are quite prepared to defer to parliament.
The next leading case is Rosenberg, which the government chose
not to appeal. It basically showed that the court of appeal was
a little fed up with parliament. It had a case before it
concerning tax deferral and the advantages of a heterosexual
couple over a homosexual couple with respect to the Income Tax
Act.
The attorney general conceded that under the Income Tax Act
section 15 was in fact violated, but at a lower court ruling
this was a justifiable limitation and was found to be reasonable
under section 1. The court of appeal, in overturning that
decision, said that this discriminatory action could not be
justified as pressing and substantial. It also said that it
failed the test of rational connection, minimal impairment and
proportionality.
There was no rational connection between the limitation and the
goal of protecting heterosexual partners from income security on
the death of their partners. It also found that the cost was not
a constitutionally permissible justification of discrimination
under section 1 and judicial deference was not a presumptive
argument against judicial scrutiny.
1340
A conclusion to be reached after a section 1 analysis, in other
words the discriminatory provisions, could not be justified as
they had no rational connection and the courts were no longer
prepared to defer just on the basis of institutional competence.
I think the fair conclusion is that if parliament does not
decide these issues then the courts will take over. In my view
that effectively shuts out the voices of the people of Canada so
that the chattering classes get to have their say on what they
think should be the proper definition of spouse or conjugal
relationship. The courts can have their say as to what
constitutes a conjugal relationship, but the people of Canada and
parliament do not get their say.
The point I want to make is that Rosenberg, M and H, and Egan
did not deal with marriage. Rosenberg deals with the tax
advantages of a heterosexual couple. M and H deals with section
29 of the Family Law Act but, as such, marriage itself is left
alone.
It is a clear legal conclusion that in Egan, Rosenberg, M and H
on the issue of what constitutes a marriage has, per the terms of
the motion before us, not been attacked. While there has been a
great deal of public debate surrounding those court decisions,
there has been no initiative on the part of either the courts of
appeal or the Supreme Court of Canada to say that marriage is
anything other than what the motion states, namely a union
between one man and one woman to the exclusion of all others.
Having said that the institution of marriage and the definition
of marriage is not under attack does not mean that
parliamentarians can have a nice summer and enjoy themselves. In
my view, the courts have got themselves locked into a dialogue
out of which they cannot emerge because of the logic of their
positions.
Courts necessarily operate in a rights-based environment and
everything is put through that particular lens. Courts, by
definition, do not have a broad perspective. What is in front of
an individual judicial officer at any given time is a set of
litigants who deal on a narrow set of facts, on a particular set
of legal principles at any given time. Necessarily, the courts'
focuses are narrow and specific.
Parliament, however, is best able to look at the broad
socio-economic implications of changes to legislation.
Parliament, in its own funny little way, goes through this
committee type process where witnesses are brought in and a
variety of viewpoints are sought which have an effect on how the
government of the day deals with the issues. The process is
fairly open and democratic. Legislation emerges hopefully
encompassing what has been heard from witnesses. No judicial
inquiry can ever match the breadth of a parliamentary process.
I would submit that one of the reasons the court decisions have
been so controversial is that the court processes have ended up
dealing with language concepts that are very limiting by their
nature. The rights based and rights concept view of life is very
individualistic and does not deal very well with other
institutions in our society such as the family.
For instance, if one uses the concept of spouse, one necessarily
ends up expanding the language to accommodate the demands of same
sex people. It tends to render the meaning of spouse, as has
been understood over the millennia, as meaningless to many
others.
The reasons that the courts end up dealing with phrases like
“spouse” and “conjugal rights” is that their language is
limited and limited to a particular decision. They end up
expanding the language in the way language was never intended to
go in the first place and then of course that in turn offends
some people.
I would like to propose that the direction for the government in
this particular area should be to first de-conjugalize the
language. The first and foremost principle, as set out in the
motion of the hon. member, namely that the definition of marriage
remains as is and that the Government of Canada should give a
positive statement, rather than merely double negatives from
lawyers, that marriage is a separate institution recognized by a
variety of religious authorities throughout the millennia and
that it enjoys a unique and particular status in the lives of
Canadians.
Having said that, the second step of the process is much more
problematic. The conjugalizing of the definition of dependency
for the purposes of family law legislation, or for the purposes
of divorce, or for the purpose of pension entitlements has set up
a whole new set of discriminatory practices which the courts will
find endlessly frustrating.
My suggestion is that once we de-conjugalize those sorts of
definitions and move toward truer concepts of dependency and
inter-relationship we will avoid a lot of legal absurdities that
the courts are currently and inadvertently in the process of
setting up.
1345
The most obvious legal absurdity is that the people who have sex
will be entitled to certain kinds of benefits and the people who
do not will not. The dependencies are the same, the relationship
is the same, yet the entitlement to a panoply of benefits is
generated only by virtue of sex. I would suggest that is an
absurdity which sets up a level of discrimination which is
unnecessary and will be the source of a great deal of additional
litigation.
I would suggest that it is up to parliament to get the courts
out of some of their own logical absurdities. The suggestion
that you made, Mr. Speaker, with respect to domestic
partnerships, is in some respects entitled to a great deal of
scrutiny.
Other suggestions may be to maintain the definition of spouse
for married couples only and apply a different term, most likely
partner, for all other relationships, including common law, same
sex or non-conjugal. Many non-married couples use the term
partner for significant terminology, as is reflected in society
general. Or the definition of spouse could be used for all
non-married partnerships, including common law, same sex or
non-conjugal, and the terminology applied to married spouses
could be that of husband and wife.
These are only suggestions, but I would suggest that this is the
institution that best deals with those kinds of suggestions and
that the courts themselves are institutions to which we should
only defer in certain circumstances. As I see it, the courts are
quite prepared to defer to parliament and to listen to what
parliament has to say in dealing with this very vexing issue.
Mr. Grant McNally (Dewdney—Alouette, Ref.): Mr. Speaker,
the hon. member from the Liberal Party seems to be in
contradiction with what the parliamentary secretary said earlier
about the supremacy of parliament. The member who just spoke
seems to be concurring with members of the opposition and others
who have said that parliament is supreme. The parliamentary
secretary clearly stated that the supreme court is supreme, so
there certainly is a conflict on that side of the House.
I know he spoke in support, generally speaking, of this motion,
but I want to know how he justifies the following statement:
“Be it resolved that the Liberal Party of Canada strongly urge
the federal government to recognize same sex marriages in the
same way that it recognizes opposite marriages in its
distribution of benefits”.
I am wondering how the member from the Liberal Party of Canada
can justify supporting this motion? We appreciate his support,
but there is a definite contradiction between the policy of the
Liberal Party of Canada and what they are saying in the House
today. How can he justify that?
Mr. John McKay: Mr. Speaker, as I said in my speech, in
my view parliament is the proper forum to deal with this issue.
In fact it has a means to it that allows us to deal with what
apparently are irreconcilable concepts.
May I suggest that in some respect any motions that deal with
same sex marriage, or words or phrases to that effect, are in
fact imprecise versions of language. We want to be much tighter
in our use of language. We want particular words to mean
particular things to particular pieces of legislation.
My suggestion, and I think it is a good suggestion, which is
supported by others, is that if we de-conjugalize the issues
outside marriage we arrive at a solution or we move toward a
solution which is in fact far healthier and allows us to get past
this constant flinging of words back and forth, whether it is
spouse, conjugal, marriage, husband or wife. If we were far more
precise in our language then I think we would give the courts
instruction as to how to resolve the issues on a case by case
basis.
Mr. Garry Breitkreuz (Yorkton—Melville, Ref.): Mr.
Speaker, I would like to follow up on the question that my
colleague just asked because we are very concerned that the
policy resolution that was passed by the Liberals at their
convention is in fact what is behind a lot of the concerns that
we are raising today.
We talk a lot about the courts and we are very concerned that
there is going to be more and more of an erosion of our
fundamental beliefs. We need to send a message to the courts
that the definition of marriage is sacrosanct. We would like to
stop sliding down the slippery slope.
1350
The basic building block of our society is the family and we are
very concerned that this will lead to an erosion of that.
I would like to return to the court case which has formed the
background for this discussion, the M. v H. case, which was before
the supreme court. There was no disagreement on their legal
rights by the time that case got to the court. The case had
turned into an abstract argument over gay marriage. The monetary
aspect had been closed. Both sides wanted the court to rule in
the same way.
Why would the supreme court accept a case under those
circumstances? Why did it not wait to decide whether gay
marriage should be imposed on the country until a live argument
was before it? My feeling is that the court did not wait because
it was wanting to write gay marriage into the law. That is why
this whole discussion today is so important.
I would like to know if the member has any response to my
comments.
Mr. John McKay: Mr. Speaker, the hon. member's premise
with respect to the analysis of M. v H. is completely false. M. v H.
did not deal with marriage. M. v H. dealt with section 29 of the
family law legislation of the province of Ontario, and it dealt
with that legislation in section 29. Section 1 concerns the
definition of marriage. Section 29 concerns spousal rights; that
is, what we would consider to be common law spousal rights. The
court analogized that common law heterosexual spousal rights are
equivalent to common law homosexual spousal rights, and that is
where it left it.
As to the issue that is on the floor, it has nothing to do with
marriage, as M. v H. had nothing to do with marriage. In fact, the
courts in Egan, Rosenberg and M. v H. all said the same thing.
They were not dealing with marriage; they were dealing with
rights and benefits that may accrue by virtue of a relationship.
The next step is to de-conjugalize the issue. If we do that we
have taken the steam right out of the debate.
Mr. John Bryden (Wentworth—Burlington, Lib.): Mr.
Speaker, I am privileged to follow my colleague from Scarborough
East because I share many of the sentiments he has expressed.
First, let me say that I am a member of parliament. My
decisions are made here and they are made by my brain and my
conscience. I am not bound by any policy decisions made by a
Liberal convention. The Reform Party may be bound by the
suggestions from policy conventions but not me. These are merely
suggestions of policy that have come from the membership of the
Liberal party. But, when push comes to shove, as members of
parliament we have to decide on our own consciences in this
Chamber.
I have no difficulty saying that I support this motion. It is a
little premature for me because I would have liked more time over
the summer to formulate a better expression of my thoughts
concerning the controversy surrounding same sex couples in terms
of the benefits they should receive and the absolute necessity in
my mind in preserving the legal concept of marriage as a union of
opposite sex couples.
The reason I support this motion is because there are two very
important things behind the need to recognize the legality of
marriage as an opposite sex union. First, it is the idea that
many Canadians still believe, despite the fact that there are
some Canadians who have lost some faith in the various organized
churches, absolutely in the sanctity of marriage. We owe those
Canadians an obligation to respect their feelings on this issue.
We should not willy-nilly trample on something that has been a
tradition for many thousands of years.
For me the really crucial issue with respect to the legality of
an opposite sex union being termed a marriage is the idea of
adoption. I voted against my government several years back on
this very issue. I support absolutely the need to support
couples who are in an emotionally dependent relationship that
becomes materially dependent, be they same sex couples or couples
that are dependent for other reasons.
I feel very strongly that while I support that idea absolutely, I
am very concerned that we must never, in furthering that goal,
extinguish the rights of others. By this I mean specifically
children. My fear about recognizing same sex marriages is that
it would infuse a right for homosexual couples to adopt children.
1355
Right now there is a discretionary ability for homosexual
couples to adopt children and I think that is fine, because I am
not one to say that it is impossible, indeed, even unlikely, that
a homosexual couple might make excellent parents. What I am not
prepared to say is that, all things being equal, a homosexual
couple make equally as good parents as a heterosexual couple. I
do not think society and our understanding of the human psyche
has progressed that far that we can be prepared to make that
judgment.
The idea or the concept of retaining the legal concept of
marriage as an opposite sex union is, I think, extremely
important in terms of preserving the rights of children, the
right of a child to be brought up by heterosexual parents.
That being said, I really do welcome this debate, because what
has happened is that in the courts, when we leave it to the
courts, the judges sit back and they hear the evidence presented
before them. However, if that evidence is flawed or that
evidence is incomplete, then what happens is that the court will
make an incomplete decision.
We saw that in the use of the word conjugal, which came up in
Bill C-78. The government used the word conjugal based on its
use in previous court decisions. When I examined that, I
discovered that the courts did not consider the meaning of
conjugal. The courts merely made a change to existing
legislation and ignored the fact that conjugal means
heterosexual, unless we had a situation where even the supreme
court was implying that the word conjugal means same sex unions
when it does not mean that at all. What we have to do—
The Speaker: I stand, my colleague, to advise you that
you are now about halfway through your speech. In order that you
can keep the balance that you already have in your speech, may I
suggest that we proceed to Statements by Members and you will
have the floor when we return after question period.
[Translation]
We will now proceed to Statements by Members.
STATEMENTS BY MEMBERS
[English]
THE PERSECHINI RUN
Mrs. Karen Kraft Sloan (York North, Lib.): Mr. Speaker, a
prominent resident in my riding of York North, Mr. Joe
Persechini, has raised over $2 million in the past 23 years to
aid children with physical disabilities and their families.
The Persechini Run is a fundraising event for Easter Seals. It
has grown from an event that raised $2,700 in its first year to
raising over $190,000 this year, with more than 3,000 people
involved as participants and volunteers.
I congratulate all of the people who took part in the Persechini
Run, especially the hundreds of schoolchildren. To Joe
Persechini, his team of volunteers and the community and business
sponsors I extend my greatest thanks.
* * *
TAXATION
Mr. Ken Epp (Elk Island, Ref.): Mr. Speaker, this is a very
special day in the House. The Reform Party is standing in
defence of the family and of marriage between a man and a woman.
There are other ways of supporting families too. For example,
we think that it is high time to free families from their
crushing tax load. We believe in leaving more money in the hands
of the people who have earned it so that they can provide for
their families. How can families be strong if half of their
earnings are confiscated in the form of taxes, making it a
constant struggle for them to make ends meet?
I am very appreciative of my family. After 38 years of
marriage, my wife and I have three children, two in-laws and four
grandchildren. However, thanks to the Liberal and Conservative
governments of the past 35 years, the collective share of the
debt spread over our 11 family members is over $200,000.
Can we not see that debt and taxes are a threat to our families?
Let us get debt and taxes down.
* * *
THE ENVIRONMENT
Mr. Lynn Myers (Waterloo—Wellington, Lib.): Mr. Speaker,
the global community recognized World Environment Day on June 5
and will recognize World Population Day on July 11.
1400
Population growth has a significant impact on our environment as
growing human activity around the world consumes the resources
that all living things require. Clean freshwater and farmland
are becoming more scarce. Fish are declining in the world's
rivers, lakes and oceans. The loss of forests impacts
biodiversity when habitats that shelter plant and animal species
are destroyed. Billions of tonnes of topsoil are lost through
erosion each year. Toxic chemicals in the environment especially
threaten the health of children, the elderly and the urban poor.
Our ecosystem and our health bear the brunt of these impacts.
My aim is not to dishearten but simply to raise awareness of the
links between population, the environment and human health. By
considering these links and the principles of sustainable
development and by formulating our priorities, policies and laws
we can make a great step forward.
* * *
LEUKEMIA
Ms. Carolyn Bennett (St. Paul's, Lib.): Mr. Speaker, I rise
today to encourage this House to consider June as Leukemia
Awareness Month and to congratulate and thank the Leukemia
Research Fund of Canada for its hard work and dedication.
Approximately 3,300 Canadians will be diagnosed with leukemia
and 2,100 will die in 1999. When we think that the loss of
people like my friend the gifted filmmaker Philip Borsos will be
prevented in the future, we can see the importance of this fight.
I would like the House to recognize the work of the Leukemia
Research Fund of Canada.
The medical community has made tremendous progress in
understanding leukemia. Just this weekend at the 25th reunion of
my medical school class, my classmate Dr. Mark Minden illustrated
just how close they are to a cure. As the second leading cause of
death among children and adolescents, cancer and especially
leukemia deserve our attention.
On June 24 the Leukemia Research Fund of Canada will present
research grants to the best and most promising scientists who are
dedicated to finding a cure for leukemia. I would like to
congratulate the Leukemia Research Fund of Canada for all its
hard work. I am sure we will see a cure to leukemia very soon.
* * *
RELAY FOR A FRIEND
Mr. Lou Sekora (Port Moody—Coquitlam—Port Coquitlam, Lib.):
Mr. Speaker, I am proud to have played a small part in the
Canadian Cancer Society 1999 Relay for a Friend held last weekend
in my riding. What the organizers and the participants achieved
in this event was truly amazing. Over a period of 12 hours,
2,000 participants raised $366,500 for cancer research and
equipment. We have all been touched by cancer at one time or
another either personally or through a loved one.
Many of those involved have survived cancer. Congratulations to
everyone involved.
* * *
AGRICULTURE
Mr. Jake E. Hoeppner (Portage—Lisgar, Ref.): Mr. Speaker,
for weeks we have been warning the government about the
devastating flood crisis in parts of Manitoba and Saskatchewan.
The survival of many farms is in serious jeopardy. U.S. farmers
hit by this flood will get $100 U.S. for every unseeded acre.
Canadian farmers are getting political rhetoric.
The government responded to last year's farm income crisis with
a program that is itself a disaster. It is so bad that the
Saskatchewan agriculture minister said at a rally in Regina this
weekend, “Forget about the forms, forget about everything else.
We have seen this thing doesn't work so let's use that as an
experience to make it work for everybody”.
Is the government listening? Useless programs and inaction from
this government are not going to cut it with western Canadian
farmers. They need solutions, not empty promises.
* * *
OPERATION BLUE STAR
Mr. Gurbax Singh Malhi (Bramalea—Gore—Malton—Springdale,
Lib.): Mr. Speaker, the month of June marks the 15th
anniversary of Operation Blue Star, when the Indian army stormed
the Golden Temple in Amritsar and 37 other Sikh religious
shrines. The 1984 attack resulted in the deaths of many innocent
men, women and children.
Religious freedom, which is protected here in Canada, was
violated. Canada's attachment to basic religious freedoms is in
many ways similar to that of the Sikh faith which upholds human
dignity regardless of country of origin, sex, race, skin colour,
creed or religion.
We must remember the victims of Operation Blue Star and ensure
that such a tragedy and abuse of religious freedom never happens
again.
* * *
[Translation]
LAVAL HOSPITAL
Ms. Hélène Alarie (Louis-Hébert, BQ): Mr. Speaker, at the
ceremony for the various Persillier-Lachapelle awards for 1998,
Laval hospital, which is located in my riding, was given the
award of excellence in the category “Personalization of care and
services”, for its respiratory rehabilitation program.
Laval hospital developed a respiratory rehabilitation program
for people with chronic pulmonary disease, who cannot obtain any
more relief from the standard medications.
A sizeable multidisciplinary team works with program
participants, providing them with a variety of services:
information for a better understanding of the disease, a
medically supervised exercise program, respiratory therapy, and
occupational therapy, to name but a few.
1405
Laval hospital was chosen for the Persillier-Lachapelle award
because of its strict global approach, its variety of actions,
its impact on research, and its multidisciplinary rehabilitation
program.
Sincere congratulations.
* * *
[English]
OCEANS
Mr. Peter Adams (Peterborough, Lib.): Mr. Speaker, we know
more about the surface of the moon than about the sea floor. This
is curious considering oceans cover 75% of the earth and contain
97.5% of earth's water. With this in mind, the United Nations
declared June 8 World Oceans Day. The purpose of this day is to
create waves about the life sustaining role of oceans and inspire
us to take better care of our salty seas.
About seven million Canadians live in coastal communities, but
even people who have never seen the ocean are connected to it.
Water is constantly making its way from us and our regions to the
ocean through a network of waterways. All water flows to the sea
which is why it is crucial to keep these water systems clean and
healthy.
Global warming makes oceans even more important. They act as
both heaters and air conditioners for our planet.
I encourage all Canadians to become familiar with the Oceans Act
passed by the government, to learn more about oceans and to keep
in mind that our health is directly related to the health of our
oceans.
* * *
NEW BRUNSWICK ELECTION
Miss Deborah Grey (Edmonton North, Ref.): Mr. Speaker, there
is a new government in New Brunswick today. Thank the Lord.
The election really was a horse race and what a finish it was.
The winner came in with a message which is that absolutely
nothing can stand in the way of people who agree it is time for
political change.
Hurray for New Brunswickers who demonstrated their political
muscle yesterday. They considered carefully the policies, the
parties, the leaders and the candidates. But most of all, they
weighed the past against the future, and the future won.
That is what change is. It is a powerful statement of faith in
new people and new ideas. It is about letting our children and
our youth have their say in their future. It is about hope and
energy going in new directions. Change is powerful. And it is
on its way to Ottawa. It is going to thunder through those front
benches and halls of power. It is coming around the bend now and
nothing will be able to stand in the way when it is time to
change the government. All I can say is, heads up, your time is
coming too.
* * *
[Translation]
WORLD SKILLS COMPETITION
Mr. Bernard Patry (Pierrefonds—Dollard, Lib.): Mr. Speaker,
Quebecers have distinguished themselves in the latest Canadian
selections for the 35th annual world skills competition to be
held in the Olympic Stadium in Montreal from November 11 to 14
this year.
After a series of trade and technology skills tests conducted
over four days in Kitchener, Ontario, 25 of the 40 Canadian
representatives selected are from Quebec.
This is a continuation of the successful performances by Quebec
young people in the Canadian Skills Competitions held in
Montreal in 1996 and Vancouver in 1998.
I might point out that, in the last world event, only Quebecers
won any medals.
This year in Montreal more than 600 young people from 34
countries are expected to compete. We wish all participants the
best of luck, especially the Quebecers who will be representing
us.
* * *
[English]
FAMILY TRUSTS
Mr. Pat Martin (Winnipeg Centre, NDP): Mr. Speaker, it is
usually the rich and famous who get the Order of Canada but
Winnipegger George Harris is a true Canadian hero who deserves it
as much as anybody ever has.
In a classic David and Goliath story, Winnipegger George Harris
is taking on two giants: the mighty Bronfman family empire and
Revenue Canada. In 1991 the Bronfmans moved $2.2 billion in
family trusts to the United States. They should have paid $700
million in capital gains tax on that money but incredibly the
finance department and Revenue Canada did not go after it. Mr.
Speaker, if you or I owed $100 to Revenue Canada, it would hound
us into our graves.
George Harris has taken the matter to court. He wants to know
why the government is slashing budgets for social programs and
will not even try to collect $700 million from its corporate
buddies. I think George Harris is a hero for defending our
interests. I think George Harris should get the Order of Canada
for exposing this obscene loophole and demanding that it—
The Speaker: The hon. member for Drummond.
* * *
[Translation]
DRUMMONDVILLE
Mrs. Pauline Picard (Drummond, BQ): Mr. Speaker, this summer,
Drummondville will again be a dynamic and diverse place to be.
For the second year running, the Légendes fantastiques will take
visitors on a fabulous imaginary voyage. Over 300 volunteers
and actors will dazzle crowds with breathtaking special effects
in a charming country setting.
Visit the model of a Quebec village from bygone days and travel
back in time for a glimpse of the life and history of our
forebears.
1410
From July 8 to 19, the atmosphere will be one of friendly fun
and festivity. The dancing and musical performances of the
Mondial des cultures are not to be missed.
Drummondville's very fortunate media representatives are here
today in the gallery and join with me in inviting members and
the public to pay us a visit this summer.
* * *
QUEBEC PREMIER
Ms. Raymonde Folco (Laval West, Lib.): Mr. Speaker, cracks are
already beginning to appear in Lucien Bouchard's government. Mr.
Bouchard is beginning not to like what he sees in Quebec.
He is not at all happy that associations and unions are making
demands he can no longer meet. He is not at all pleased with
criticism of his decisions. And he does not appreciate having
entire sections of his administration questioned.
In fact, the Quebec model and identity are not threatened:
Quebecers are seeing to that. What in fact seems to be
threatened is the PQ model. There is a difference.
* * *
[English]
NEW BRUNSWICK ELECTION
Mr. John Herron (Fundy—Royal, PC): Mr. Speaker, what a great
day it is for New Brunswick.
Today Bernard Lord and the New Brunswick Progressive
Conservative Party form the newly elected majority government.
Lord's campaign platform, a new vision for New Brunswick, sent
the right signals to voters, and he is ready for the job.
This election gave democracy back to the people. A Bernard Lord
government will listen and consult, and change the complacent
attitude of the last 12 years of government knows best.
Lord's New Brunswick Tories campaigned on a platform of lower
taxes. This victory proves taxpayers liked what they heard. The
federal Liberals can learn a good lesson from the New Brunswick
and Ontario campaigns. Tax relief is important to Canadians.
On behalf of New Brunswickers, the federal Tory caucus, and
particularly Bernard Lord's and my aunt Renie Lord-Herron, I wish
to congratulate Mr. Lord and the New Brunswick PCs on their
tremendous success.
Today, New Brunswickers embark on the first day of 200 days of
change, and it promises to be a great ride.
* * *
PARKDALE COMMUNITY CLEANUP DAY
Ms. Sarmite Bulte (Parkdale—High Park, Lib.): Mr. Speaker, I
recently had the honour of attending Parkdale's fifth annual
community cleanup day.
The event was organized by Parkdale Collegiate students in
partnership with local residents, community groups and elementary
school students. On a cool and rainy Saturday morning, over 100
volunteers cleaned up parks, school grounds, back alleys and
offered assistance to seniors and the disabled in our community.
This year's event was co-ordinated by Kane Kakar, a young
student at Parkdale Collegiate under the leadership and guidance
of principal Ken Hanson.
Volunteers and projects such as this give Parkdale its heart and
soul. Their efforts to improve our community spirit and our
local environment serve as a role model to all constituents.
As the member of parliament for Parkdale—High Park, I am
delighted to offer my thanks and congratulations to all those who
contributed to the cleanup of our community on the fifth annual
Parkdale community cleanup day.
* * *
GOVERNMENT EXPENDITURES
Mr. John Williams (St. Albert, Ref.): Mr. Speaker, what does
Maude Barlow have in common with beds and rats? All are the
central characters in movies sponsored by the National Film Board
of Canada. The total cost to Canadians for just these three
movies is over $670,000. These gems and many more can be found in
the latest edition of the waste report released earlier today.
Taxpayers did not only fund absurd movies. We have also spent
over $3 million to bail out banks for bad loans to a hot dog
franchisee in Quebec. We will continue to spend thousands of
dollars on millennium projects such as the grant for $130,000 to
21,000 musicians to try to break the world record for the largest
marching band.
I am surprised that the National Film Board did not make a movie
called “The Toilet”, a delightful look at how the Liberals can
flush taxpayers' money down the sewer.
* * *
[Translation]
SEXUAL EXPLOITATION OF CHILDREN
Mrs. Christiane Gagnon (Québec, BQ): Mr. Speaker, every year
thousands of children, who have been sold by their parents or
kidnapped, become victims of sexual tourists cum child abuser.
Although two years ago, Canada passed legislation to prevent the
sexual exploitation of children abroad, a human rights defence
organization known as Human Rights Internet has criticized its
ineffectiveness.
When I tabled my bill, I criticized the limited scope and
difficulty of implementing the government's bill. Time has,
unfortunately, proven me right. The federal legislation never
had the teeth necessary to lay a single charge, and those who
tried to do so ran into a veritable wall.
If the government is using the same process to make known and
implement its legislation on excision, we have to ask ourselves
whether it really wants to comply with its own legislation and
its international commitments on human rights.
ORAL QUESTION PERIOD
1415
[English]
KOSOVO
Mr. Preston Manning (Leader of the Opposition, Ref.): Mr.
Speaker, the House welcomes the news that the G-8 countries
agreed today to a draft UN security council resolution which
promises to bring us one step closer to peace in Kosovo.
The fact that Russia is now a signatory to the deal clearly adds
credibility to the resolution with the Serbs, but to proceed this
resolution must also carry the judgment of the Chinese
government.
Is the prime minister confident that this UN resolution will in
fact proceed and that China will not use its security council
veto to block it?
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr.
Speaker, the Leader of the Opposition asks a very good question.
If all the steps are followed carefully and if this agreement is
implemented in the way that has been agreed, I am pretty sure the
Chinese will go along.
As the House knows, there is a series of steps that has to be
met before the resolution will be presented at the security
council. If those steps are respected by all the parties, I am
pretty sure the Chinese will not use their veto on that issue.
Mr. Preston Manning (Leader of the Opposition, Ref.): Mr.
Speaker, obviously a number of issues need to be ironed out with
respect to implementation of the G-8 peace plan, but one of the
central problems is the question of how to implement a ceasefire,
particularly with the Kosovo Liberation Army remaining something
of a wild card.
Will the Prime Minister tell us whether any progress has been
made in agreeing to the terms of the ceasefire and whether or not
the KLA is being brought into these discussions?
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr.
Speaker, in the resolution that will eventually be adopted by the
United Nations security council there is provision for the
disarmament of the KLA.
As to the terms of the negotiations, I am not in a position to
say with whom people are talking at this time. All the G-8 has
agreed that to have peace in Kosovo we have to proceed with the
disarmament of the KLA, just as we want the Serb army to withdraw
and go back to Belgrade.
Mr. Preston Manning (Leader of the Opposition, Ref.): Mr.
Speaker, 800 Canadian forces personnel are on their way to the
former Yugoslavia. The Minister of National Defence is musing
about sending more, even though his chief of defence staff has
advised that may be beyond our capability.
It is not unreasonable for Canadians to want to know what our
troops will be doing, what role they are assigned to, and whether
or not it is within our capability. Canadians want specific
answers to these concerns and questions, and not just vague
assurances.
Will the Prime Minister tell the House what specific role
Canadian forces will play in the implementation of the G-8 peace
plan and what resources will be made available to them in order
to do the job?
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr.
Speaker, we can tell the Canadian people, as we agreed some weeks
ago. Briefings were given to members of the House and to the
media about the role of these 800 people.
As to the next group to possibly go, it is being discussed at
this time with the NATO commanders. The Canadian government is
not in a position at this moment to agree because we do not know
exactly to our satisfaction all the details that are needed to
make a final decision.
* * *
PRIME MINISTER
Miss Deborah Grey (Edmonton North, Ref.): Mr. Speaker, the
Prime Minister has avoided answering more than 50 questions in
the last three weeks about Shawinigate. He and his human shield
have done everything possible to hide their shame for the
Shawinigan shame, hoping it will just go away. I have news. It
will not go away.
The Prime Minister insists that he does not own the shares he is
trying to sell. He cannot explain why he is selling something
that he does not really own but, gee whiz, it is like we are all
just supposed to accept it and go on, right?
We do not and we would like an answer to the question once and
for all. Where is the receipt?
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker,
I do not believe I can add to what the Deputy Prime Minister and
I have said in the House.
Before I became Prime Minister I sold those shares and I gave
the problem or the receivable to my trustee as with my other
assets. She is in charge of managing it. Mr. Wilson on May 6
explained the situation in front of a committee of the House of
Commons.
Miss Deborah Grey (Edmonton North, Ref.): Mr. Speaker,
it is just great that he gave the problem to somebody else.
In fact he says that he sold something that he did not really
sell, that somebody bought something but he did not really buy
it. It is as clear as mud.
1420
This Liberal arrogance, this going to see me through attitude,
is just not working. Just ask Camille Thériault and Dalton
McGuinty how well that works.
We have asked the Prime Minister to produce the proof that he is
not in a conflict of interest and he just tells us that he is
being a good little MP. We asked him to show us proof that the
shares were actually sold to somebody and up comes the human
shield. The question remains. Where is the proof?
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr.
Speaker, I am told that the ethics counsellor looked into that,
discussed it with my trustees and reported it to the committee on
May 6, last month.
I said, and I repeat, I sold those shares. For the rest, I have
done my job as a member of parliament helping to create jobs in
an area where they have 12% unemployment, as it is my duty. I
have been doing what the members of the Reform Party by the big
numbers have done for their constituents, making sure that
federal programs apply to their constituents as I do for mine.
[Translation]
Mr. Gilles Duceppe (Laurier—Sainte-Marie, BQ): Mr. Speaker,
in the apparent conflict of interest involving the Prime Minister
and business people in his riding, the Prime Minister could
easily remove all suspicion.
The Prime Minister, who says he sold his shares before being
sworn in, claims that the sale was final.
I ask him quite simply why he does not table the bill of sale.
It seems to me that would resolve the whole mess we are in at
the moment.
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker,
I will repeat the same thing over again. I signed the sale of my
shares before becoming Prime Minister, and gave that to the
person looking after my trust, as we are required to do.
The person in question is responsible and spoke with Mr. Wilson,
who explained what he learned from this person. She is the one
who has been handling these matters since November 1993, when I
became Prime Minister.
Mr. Gilles Duceppe (Laurier—Sainte-Marie, BQ): Mr. Speaker,
the Prime Minister says he sold his shares before being sworn in
as Prime Minister.
So, the decision is his. He did so as a member of parliament, as
a citizen, and not as Prime Minister. The trust is not involved.
It would be so easy to remove all suspicion. Why does he not
table the bill of sale he made as member—not as Prime Minister
and not through the trust—but on his own before he was sworn in?
It is simple. It would put an end to all these questions and all
these suspicions weighing on him.
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker,
Mr. Wilson discussed this problem with the person in charge of
the trust in which I am required to deposit my assets. This
person manages the matter and discussed with Mr. Wilson, who
testified before a committee of the House and provided all the
relevant facts in response to the questions put to him.
As for me, my assets are in a trust and I have no say in the
matter. I leave its management to the person in charge of it.
Mr. Michel Gauthier (Roberval, BQ): Mr. Speaker, quite
seriously, the Prime Minister could avoid a good number of
problems if he simply complied with this request and agreed to
clarify the situation.
I am asking him once again, quite simply this: in light of all
the hullabaloo surrounding this situation, and the fact that the
sale occurred when he was just an MP and not the Prime Minister,
does he not think that it would be so much simpler if he were
just to produce the record of sale? That will settle it.
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker,
Mr. Wilson, who is responsible for ethics for all members of the
House, has looked into the matter. I repeat: all of my assets
are managed by a trustee. I have no oversight over the
management.
I have done what the law and regulations require me to do, and
all this was explained by Mr. Wilson before a committee of the
House of Commons, on May 6.
Mr. Michel Gauthier (Roberval, BQ): Mr. Speaker, the Prime
Minister will understand that some doubt still remains when he
refers to his ethics adviser, this person who is hard to speak
to, who works on order, and reports to him, not the House of
Commons.
I ask him once more: this business of keeping this sale secret,
refusing to produce something as simple as a paper stating “I
have sold my shares and here are the signatures”, does this not
leave even the Prime Minister with doubts?
1425
He could clarify the situation. Let him do what needs doing,
then. Is there something in this contract that we ought not to
see? If so, he should let us know.
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker,
Mr. Wilson is the one to deal with problems of this nature for
all MPs and ministers. He has looked at the portfolio my
trustee is handling for me. I have no right of supervision
whatsoever over that trust.
I turned my assets over to it and years from now, when I leave
this position, I will see whether the trustee has handled my
affairs well or not. That is when I will know whether to laugh
or to cry, but right now I have no say in this, I depend on her
competency and I trust her greatly.
* * *
[English]
THE SENATE
Ms. Alexa McDonough (Halifax, NDP): Mr. Speaker, my question
is for the Prime Minister.
The House is once again set to vote on the Senate's budget of
over $50 million. Here stands Canada on the eve of the 21st
century and we still have an unelected, unaccountable Senate, a
Senate that refuses to account for how it spends public dollars.
Why is the government content to push through yet another Senate
budget without public scrutiny?
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr.
Speaker, the Senate is an institution of this parliament that is
part of the Canadian constitution. It is there until it is
changed in the constitution. It is a very useful institution and
is doing a good job for Canada.
We wanted to change it some years ago. I remember very well
that when we wanted to have a reformed and elected Senate many
people on the other side voted against it. So we have the Senate
that has been given to us by the Reform Party.
Ms. Alexa McDonough (Halifax, NDP): Mr. Speaker, a lot
of Canadians beg to differ. A lot of Canadians had hoped to see
from the government a little more interest in real democracy.
The Canadian Senate has no place in a modern democracy. It is a
joke and an embarrassment. It is indefensible.
Will the Prime Minister agree to write to the first ministers?
Will he sound out their support for ridding us of this relic and
moving on with democratic renewal in the coming century?
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr.
Speaker, there is no desire by the premiers at this time to spend
a lot of time on changing the constitution to change the Senate.
They did it for months and months to no avail. I am telling the
House that they do not want to do this at this time.
When we had a chance we voted for reform of the Senate. The NDP
voted for reform of the Senate too, but I am sorry to report to
the House that the Reform Party made sure that we kept the Senate
in exactly the same form it is today.
* * *
[Translation]
KOSOVO
Mr. André Bachand (Richmond—Arthabaska, PC): Mr. Speaker, so
far, we know, and there is evidence to back this up, that the
Canadian government's position with respect to the KLA has always
been complete disarmament. However, we know that the United
States and the G-8 nations have now decided to talk about
demilitarizing the KLA.
My question is for the Prime Minister. Can he tell us the
difference between demilitarizing and disarming the KLA and what
the Canadian government's position is today?
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker,
the government's position, like that of all the G-8 nations, is
to ensure that the Kosovars can return home safely.
This means that the Kosovo liberation army and Serb forces must
leave the area so that the international force can restore peace
and freedom for the Kosovars, who, I hope, will return as soon
as possible, within a few weeks, to their own country.
Mr. André Bachand (Richmond—Arthabaska, PC): Mr. Speaker,
with all due respect, the Prime Minister is unaware of the
agreement that has been negotiated with the G-8 nations. There
is a big difference between demilitarizing and disarming.
Canadian troops will be among the first to enter Kosovo.
1430
If the KLA is not disarmed, there is a risk. What are the
Canadian army's rules of engagement? Will it be able to disarm
the KLA or will it let KLA soldiers leave with their arms?
I would like the Prime Minister to accurately inform us on this
important issue. I hope he will be able to answer clearly this
time.
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker,
the resolution was clear.
[English]
It demands that the KLA and other armed Kosovo Albanian groups
end immediately all offensive action and comply with the
requirement for demilitarization as laid down by the head of the
international security council in consultation with the Special
representative of the secretary general.
That is the text that has been agreed to by everybody. It has
satisfied me and I hope it will satisfy the hon. member.
* * *
PRIME MINISTER
Mrs. Diane Ablonczy (Calgary—Nose Hill, Ref.): Mr. Speaker,
when the Liberals were in opposition they said that Sinclair
Stevens had mixed his public and private business. In fact, the
now heritage minister went berserk trying to force Sinclair to
admit he was wrong. Berserk is looking kind of good right now.
There is a simple way to clear up questions about the Prime
Minister's similar conflict. Owning the Grand-Mère shares places
the Prime Minister in a clear conflict of interest. If they were
sold, where is the receipt?
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker,
when Mr. Wilson was at the industry committee on May 6 he said
that that it was a sale free and clear of the Prime Minister's
interest in that golf course. He also said that a sum of money
had been denominated and that there was a repayment schedule.
I think what Mr. Wilson said to the committee is very clear.
Mrs. Diane Ablonczy (Calgary—Nose Hill, Ref.): Mr. Speaker,
I am sorry, but we are trying to give the Prime Minister an
opportunity to tell Canadians that he did nothing that would
constitute a conflict of interest. Perhaps I can put the
question another way: Où est le reçu?
[Translation]
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker, I
will quote Mr. Wilson.
[English]
He said that in his view this was a done deal and that there
were no financial connections regarding the Prime Minister in
either the auberge or the golf course. It is very clear. He is
an official who has been looking into that and is consulted by
all the members of parliament. I have confidence in him.
My trust fund has to administer my assets. As I said in French,
it is only at the end of the process that I will know what has
been done. It is a blind trust and blind means blind. I am just
doing what is required. From the day I became Prime Minister, I
have had no decisions to make on it.
[Translation]
Mr. Gilles Duceppe (Laurier—Sainte-Marie, BQ): Mr. Speaker, the
Prime Minister refuses to table the record of sale, whereas he
sold his shares even before becoming PM. He says it is in the
hands of the trust.
There is something he could do very easily, namely instruct the
trustee to make the record of sale public.
Why does he not instruct the trustee to make the record of sale
public? Then the members and the public will be able to make a
judgment based on facts, rather than on an act of faith in the
Prime Minister.
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker,
the trustee is the one in charge of these things. Under the
circumstances, ministers, like the Prime Minister, have no right
of supervision. It is a matter of having a blind trust manage
one's assets. This is done for all ministers, as it is for me.
I have said all I had to say. I have nothing to add.
Mr. Gilles Duceppe (Laurier—Sainte-Marie, BQ): Mr. Speaker,
we are not asking the Prime Minister to administer his shares, we
are merely asking whether this was the case.
There are two choices for clarifying the situation, dispelling
suspicion and tidying up the matter. One is to do it himself,
because he did this before being sworn in, and the other is to
ask the trustees to do it, and stop hiding behind the ethics
counsellor.
The ethics counsellor is not controlled by the House. He is
hired by the Prime Minister, is answerable to the Prime Minister
and seems to be receiving his orders from the Prime Minister.
It makes no sense.
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker, I
believe what makes no sense is the question itself.
* * *
1435
[English]
CORRECTIONAL SERVICE CANADA
Mr. Randy White (Langley—Abbotsford, Ref.): Mr. Speaker, I
have been asking the solicitor general for weeks about drugs in
prisons.
He said that he knows about it and that he is studying it. What
he does not say is who is doing the study, how long it will take
and what the scope of the study actually is. My sources say that
no such study is taking place in these prisons.
Since drugs are out of control in the prisons, why does the
solicitor general not have a plan to do something about it?
Hon. Lawrence MacAulay (Solicitor General of Canada, Lib.):
Mr. Speaker, as I have said a number of times in the House, when
I was appointed solicitor general I became aware of the massive
drug problem.
I have asked Correctional Service Canada to review the drug
program in the penal system. It has indicated to me that it will
have a report on the review in about three months.
Mr. Randy White (Langley—Abbotsford, Ref.): Mr. Speaker, it
is refreshing that the solicitor general will know about it in
three months. I have known about it for six years.
Let me quote the solicitor general in the House last week. He
said that after prisoners are on parole, there needs to be some
type of program to help people who are addicted. What does he
mean by after they are on parole and in some type of program?
This does not sound like a plan, it sounds like a cop-out to me.
After all these years of drug abuse in our prisons, why does the
solicitor general have no plan at all?
Hon. Lawrence MacAulay (Solicitor General of Canada, Lib.):
Mr. Speaker, I am pleased that my hon. colleague has known this
for six years. I thought he found out last week.
If I did have all the answers that were needed for the alcohol
addiction and drug abuse problem in the prisons, I would not have
to do a review, I would just tell them how to do it. We must do
a review.
* * *
[Translation]
PRIME MINISTER
Mr. Michel Gauthier (Roberval, BQ): Mr. Speaker, I have the
impression there is double standard in government.
While the Prime Minister is asking the Minister of Finance not
to intervene in transportation matters because he has interests,
he boasts about how he intervenes in matters in which he has
interests.
Why may the Minister of Finance not intervene in matters that
concern him in cabinet, when the Prime Minister must intervene
because it is his duty to his constituents?
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker, as
far as interests are concerned, I sold them.
When people in my riding apply for grants available to all
ridings with high unemployment, I do my duty as an MP and I hope
that the member for Roberval does the same.
I have intervened in cases, but I have never intervened with
respect to the interests in a golf club that I do not have and
that has never received any sort of grant from the Canadian
government.
Mr. Michel Gauthier (Roberval, BQ): Mr. Speaker, the Prime
Minister's defence is that he sold his interests. But nobody
has seen hide nor hair of a deed of sale.
What we want the Prime Minister to do, if he wants to be left in
peace, is to table the deed of sale.
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker,
all I can say is what I have said. I have nothing to add.
* * *
[English]
CORRECTIONAL SERVICE CANADA
Mr. Jim Abbott (Kootenay—Columbia, Ref.): Mr. Speaker,
indeed there is a drug problem in the prisons. Let us take a
look at what happened last Saturday in the Kingston Penitentiary.
After prisoners were observed consuming and possibly concealing
drugs during an evening yard exercise, they were penned up and
taken back to their cells, but the final group of them would not
go. What they did was break everything in sight and cause
$10,000 worth of damage.
This is the last event that has taken place. There have been
many events that have taken place over a number of years. Why
has the minister just suddenly discovered that there is a drug
problem?
Hon. Lawrence MacAulay (Solicitor General of Canada,
Lib.): Mr. Speaker, your hon. colleague is the one who
discovered a week ago that there is a drug problem. We have known
for years that there is a drug problem. We have indicated that
we will address the drug problem, and that is exactly what we
will do.
The Speaker: Order, please. I ask hon. members to please
address the chair in the question and in the answer.
Mr. Jim Abbott (Kootenay—Columbia, Ref.): Mr. Speaker,
is that not really something? They have known about it for a
long time and yet the minister has no plan. He has just started
his study. He said that we have to do a study in order to be
able to find out what we will do. Dither and dither.
Why does he have no plan? Why will he not tell us about the
scope of the study that is supposedly going on?
1440
Hon. Lawrence MacAulay (Solicitor General of Canada,
Lib.): Mr. Speaker, as I indicated previously, there was a
review done in 1995. A review was also done a year ago which
indicated that there has been about a 300% decrease in drug use
in prisons.
As I have indicated, even 12% is too much. We intend to address
the problem.
* * *
[Translation]
PRIME MINISTER
Mr. Gilles Duceppe (Laurier—Sainte-Marie, BQ): Mr. Speaker,
the Prime Minister says he sold his shares in 1993. The Deputy
Prime Minister told us yesterday that the alleged buyer returned
the shares to the trustee.
This is saying that the trust has the shares belonging to the
Prime Minister. He is not the one administering them, we agree,
but they are in his trust.
The Prime Minister is therefore in the same situation as the
Minister of Finance, who has shares in a trust, but who
withdraws from Cabinet discussions on shipping, whereas the
Prime Minister boasts of having participated in the awarding of
funding in his region to business people.
Can he explain all these about-faces to us? Does he not think it
would be clearer to table the bill of sale so we might have
something specific rather than acts of faith?
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker,
the member has said exactly the opposite of what the Deputy
Prime Minister said yesterday. He said clearly that the shares
had never been returned.
I sold and I gave the debt to my trustee, and the shares are not
being administered, as far as I know. This is exactly what the
ethics counsellor said in his testimony before the committee on
May 6.
* * *
[English]
GRAIN TRANSPORTATION
Mr. John Harvard (Charleswood St. James—Assiniboia, Lib.):
Mr. Speaker, my question is for the Minister of Transport.
On May 12 the minister appointed Arthur Kroeger to work with
industry stakeholders to implement a framework for grain handling
and transportation reform. Farmers and industry have asked for a
review of the costs of moving grain by rail as part of the
Kroeger process.
Will the minister commit to the House that railway costs will be
examined?
Hon. David M. Collenette (Minister of Transport, Lib.):
Mr. Speaker, as I said when I announced Mr. Kroeger's
appointment, a full costing review would delay the whole process
by a year. There is no question that for Mr. Kroeger to do a
thorough job, he has to get a real handle on the true costs of
grain transportation by rail.
I am pleased to announce that Mr. Kroeger has requested the
Canadian Transportation Agency to conduct an immediate analysis
for him so that he can be assisted in his work and report to me
by the end of September.
* * *
PRISONS AND PENITENTIARIES
Mr. Chuck Cadman (Surrey North, Ref.): Mr. Speaker, the
solicitor general just said that we had a 300% decrease. A 300%
decrease should mean that we have a zero problem, but we now have
a massive problem.
In my riding, a convicted armed robber said that when he went
into prison decades ago he had no drug problem. When he came out
he was addicted to heroin. Nothing has changed.
Where is the solicitor general's plan? Who is doing it? When
are we going to get some results?
Hon. Lawrence MacAulay (Solicitor General of Canada, Lib.):
Mr. Speaker, I am very pleased that the opposition members
realize there is a problem. Quite simply, no human could come up
with a plan for alcoholism and drug abuse in a couple of months.
Mr. Chuck Cadman (Surrey North, Ref.): Mr. Speaker,
before I came here I was on an advisory committee to the deputy
commissioner for the Pacific region years ago. We complained
about bleach being in the prisons to sterilize needles. We
complained about a convicted killer who actually murdered his
wife in prison during a conjugal visit by overdosing her with
heroin. The problem has been there for years.
I will again ask the solicitor general when we will get a
solution to this?
Hon. Lawrence MacAulay (Solicitor General of Canada, Lib.):
Mr. Speaker, as I indicated previously, yes, the problem has been
there for years. Yes, we did do a survey in 1995 and we did a
survey a year ago. There has been a 300% decrease in the use of
drugs and alcohol in our penal institutions. It is not enough.
We will do more.
* * *
THE FAMILY
Mrs. Michelle Dockrill (Bras d'Or—Cape Breton, NDP): Mr.
Speaker, during the hearings of the subcommittee on taxation and
families, witnesses from across the political spectrum spoke of
the need to extend and improve maternity and parental benefits.
In view of the widespread agreement that clearly exists in the
country, will the Minister of Human Resources Development commit
his government today to extending and improving maternity and
parental benefits for Canadian families?
1445
Hon. Pierre S. Pettigrew (Minister of Human Resources
Development, Lib.): Mr. Speaker, I am looking forward to
reading the report of the subcommittee. I always look forward to
constructive ideas to improve the social security of our Canadian
families and our Canadian workers. I will certainly look into
any creative and imaginative solutions and ideas that the
parliamentary committee might want to submit to the government.
Mrs. Michelle Dockrill (Bras d'Or—Cape Breton, NDP): Mr.
Speaker, three months ago the minister realized, several years
after everyone else, that this government's 1996 Employment
Insurance Act discriminated against women. As usual, he promised
to study the problem. The 56% of women who are ineligible for
maternity benefits do not need a study to tell them what is
wrong.
How much longer must they wait before the minister stops
studying and starts acting?
Hon. Pierre S. Pettigrew (Minister of Human Resources
Development, Lib.): Mr. Speaker, we have been very clear on
this topic that we are monitoring very closely the impact of our
EI reform on families and on women in particular. Indeed, we
have identified that the re-entrance requirements might be
penalizing women in a particular way. I have been raising this
issue with my officials and we are looking into solutions because
we want to serve citizens as well as we can.
Indeed, it is important to bring in the right solutions to the
right problems and not jump to hasty conclusions, as the member
is doing right now.
* * *
NATIONAL DEFENCE
Mrs. Elsie Wayne (Saint John, PC): Mr. Speaker, on April 8
the Minister of National Defence testified before the defence
committee that the government was a matter of weeks away from
initiating the maritime helicopter program to replace the Sea
Kings. We have also been told that the statement of requirement
has been done for months.
Where is the statement of requirement for the Sea King
replacements? Is it at the chief of air staff level, the chief
of defence staff level, the armed forces council or gathering
dust on the minister's desk?
Hon. Arthur C. Eggleton (Minister of National Defence, Lib.):
Mr. Speaker, it is not gathering dust anywhere. We are putting
the final touches on it and hope to be able to bring it forward
soon because we want to get on with the replacement of the Sea
King helicopter. It has provided yeoman service for the Canadian
forces and it continues to be well maintained, but eventually it
has to be replaced and we need to get on with doing that and we
intend to.
Mrs. Elsie Wayne (Saint John, PC): Mr. Speaker, yesterday in
the province of New Brunswick the people wiped out the Liberals
because they got answers like that. They never got a straight
one. This Liberal government is going to go too if it does not
give me some straight answers.
Where is the statement of requirement for the Sea King
replacement? Is it at the chief of air staff level or is the
minister waiting until parliament recesses for the summer so he
can get out of the heat on this issue?
Hon. Arthur C. Eggleton (Minister of National Defence,
Lib.): Mr. Speaker, I do not know what part of my response
the hon. member does not understand. I made it quite clear that
we want to replace them. We are waiting on the statement of
requirement. All of the entities, as the hon. member knows, are
working on the statement of requirement. If we could get it out
today or tomorrow, I would love to do that. I would love to do
that here and now. We are going to get it out just as quickly as
we possibly can.
* * *
KYOTO
Hon. Charles Caccia (Davenport, Lib.): Mr. Speaker, my
question is for the Minister of Finance. It is a well known fact
that federal tax subsidies to the petroleum industry stand in the
way of Canada meeting its Kyoto commitment. In 1997 the Standing
Committee on the Environment and Sustainable Development
recommended the elimination of subsidies to the fossil fuel
industry.
Does the Minister of Finance agree that if we are to achieve
Canada's Kyoto commitment the government has to eliminate the
counterproductive tax subsidies currently allowed to the fossil
fuel industry?
Hon. Paul Martin (Minister of Finance, Lib.): Mr. Speaker, as
the hon. member knows, it is the government's position that we
must, at the same time, create a strong economy, create jobs and
protect the environment. That is why in the 1997 budget the
government increased direct financial support for energy
efficiency and for renewable energy. It is also why in the 1998
budget the government moved to narrow the gap between renewables
and non-renewables by extending the benefits to the extent of
$150 million for renewable energy projects.
It is also why throughout its budgets the government has
extended funding for environmental technologies and why we will
continue in that vein.
* * *
1450
TORONTO PORT AUTHORITY
Mr. Lee Morrison (Cypress Hills—Grasslands, Ref.): Mr.
Speaker, the Toronto port authority weighed anchor today and the
Minister of Transport has maintained his flawless record of
questionable appointments to port authority boards.
Contrary to the Canada Marine Act, he rejected three out of four
nominees of port users and he made personal selections, including
Robert Wright, a close friend of the Prime Minister.
Is he so personally insecure that he cannot bear the thought of
an independent board or is he just doing what he is told?
The Speaker: I would rather we de-personalize the
questions, if it is at all possible.
Hon. David M. Collenette (Minister of Transport, Lib.):
Mr. Speaker, once again the hon. member has got his facts wrong.
In this case the Canada Marine Act provides for the appointment
of four nominees, four directors, in consultation with users. To
facilitate this process we set up port advisory committees across
the country.
By and large the system has worked well. There was a small
problem in Vancouver where there were not sufficient names from
which I could select. This also happened in the case of Toronto.
The people who were selected are of the highest calibre. Their
names were put forward in consultation with the users. I regret
that there was some flaw in the process at the port advisory
committee, but I think the people of Toronto will be well served
by this particular group.
* * *
[Translation]
KOSOVO
Mr. Daniel Turp (Beauharnois—Salaberry, BQ): Mr. Speaker,
this morning, the G-8 foreign affairs ministers reached an
understanding on the text of a resolution that will be debated in
the security council with a view to ending the conflict in
Kosovo.
We have just learned that the G-8 is also recommending cessation
of bombing in order to facilitate passage of the resolution in
the security council.
My question is for the Prime Minister.
Before the security council passes this resolution, could he
tell the House what Canada's specific contribution will be to
the new international security force in Kosovo, or KFOR, and to
the effort—
The Speaker: The Right Hon. Prime Minister.
Right Hon. Jean Chrétien (Prime Minister, Lib.): Mr. Speaker, as
soon as the Yugoslav army generals have begun withdrawing their
troops, bombing will cease, and the United Nations will consider
the resolution. This is the sequence of events provided in the
agreement.
As to Canada's participation, 800 troops are already assigned
and will arrive soon in Macedonia. We may be sending more.
At this point, the Department of National Defense and NATO are
looking at how Canada might participate, and when we have more
details, we will be able to tell you if we are going to add—
The Speaker: The hon. member for Winnipeg North Centre.
* * *
[English]
REPRODUCTIVE TECHNOLOGIES
Ms. Judy Wasylycia-Leis (Winnipeg North Centre, NDP): Mr.
Speaker, today in testimony before the health committee Dr.
Patricia Baird, a geneticist who headed up the Royal Commission
on New Reproductive Technologies, said that young women can earn
as much as $50,000 as an egg donor, this despite a voluntary
federal moratorium on buying and selling human eggs and sperm.
Will the Minister of Health send a clear message to fertility
clinics which are defying his moratorium and say no; no to egg
selling, egg buying and egg bartering? Will he give assurances
to all Canadians that whenever he reintroduces the long awaited
legislation on reproductive technologies it will include a
definitive prohibition on commercialization in this area?
Hon. Allan Rock (Minister of Health, Lib.): Mr. Speaker, as I
have already told the House, I intend to table legislation later
this year which will deal with the whole question of reproductive
technologies.
In fact I have met with Dr. Baird and with a variety of other
people who are knowledgeable in the area. I am consulting with
them and with many others in preparing the legislation. I assure
the member and the House that the legislation, when tabled, will
deal with all of these areas.
* * *
KOSOVO
Mr. David Price (Compton—Stanstead, PC): Mr. Speaker, the
Prime Minister has just said that he accepts the demilitarization
of the KLA. He has said many times “disarm”. The Minister of
National Defence has said many times “disarm”. The Minister of
Foreign Affairs has said “disarm”.
Does this mean that the Minister of Foreign Affairs has folded
to the Americans at the G-8 meeting and is putting our
peacekeepers in danger's way by not disarming the KLA?
1455
Hon. Arthur C. Eggleton (Minister of National Defence, Lib.):
Mr. Speaker, demilitarization and disarmament are not
incompatible. We will need both of those things to happen.
Disarmament of the KLA will happen in the initial stages. It is
in the interests of the KLA to disarm so that the peacekeepers
can go in to allow the Kosovo refugees to be able to re-enter
their country in peace and security. It was foreseen that way in
the Rambouillet talks to which the KLA agreed.
* * *
NATIONAL RURAL HEALTH STRATEGY
Mr. Larry McCormick (Hastings—Frontenac—Lennox and Addington,
Lib.): Mr. Speaker, this morning the rural caucus of Liberal
MPs presented to the Minister of Health a report on the
development of a national rural health strategy. The report
calls for a co-ordinated and sustained focus on health care in
rural Canada. Will the minister be acting on the concerns of
rural Canadians in adopting the recommendations of this report?
Hon. Allan Rock (Minister of Health, Lib.): Mr. Speaker,
this morning I received from the hon. member, in his capacity as
chair of the rural Liberal caucus, this remarkable report which
contains a variety of excellent recommendations. I intend to act
on most of those recommendations shortly.
To begin with, I should say that we have already taken important
steps such as appointing the executive director of rural health,
Dr. John Wooton, who is in the gallery today and who is doing a
fine job preparing our policy.
We have also set aside money in the budget for rural health
initiatives. Throughout the coming months we will be consulting
directly with Canadians on their priorities. We intend to make
sure that we have one tier of health care in this country.
* * *
CANADA MARINE ACT
Mr. Lee Morrison (Cypress Hills—Grasslands, Ref.): Mr.
Speaker, in the previous answer of the Minister of Transport I
was not sure whether he said highest calibre or highest
contributions.
The new Canada Marine Act was supposed to depoliticize port
governance in this country. It was a lot better during the
former port commissions than it is now under the new Canada port
authorities.
Why does the government even bother to pass legislation like the
Canada Marine Act which it then persistently ignores?
Hon. David M. Collenette (Minister of Transport, Lib.): Mr.
Speaker, we have now put in place 12 of the 18 ports. The
process has gone remarkably smoothly right across the country. We
have put people in place who have reflected user concerns. There
have been a couple of flaws, one in Vancouver and now in Toronto,
which I regret. However, all of the people who were nominated
came via the user community route and were fully nominated in
consistency with the Canada Marine Act.
* * *
[Translation]
QUEBEC'S POLITICAL FUTURE
Mr. Pierre Brien (Témiscamingue, BQ): Mr. Speaker, yesterday,
the Minister of Intergovernmental Affairs said he was going to
introduce a bill on the rules governing Quebec's accession to
sovereignty.
On June 22, 1990, Robert Bourassa stated “Whatever is said and
done, Quebec is a distinct society responsible for its own
destiny today and forever”.
Does the minister seriously think he can bypass the law and
Quebec's National Assembly and impose his Canadian rules in the
debate on Quebec's political future?
Hon. Stéphane Dion (President of the Queen's Privy Council for
Canada and Minister of Intergovernmental Affairs, Lib.): Mr.
Speaker, unless they have clearly opted out of Canada, Quebecers
have the inalienable right to be Canadians.
The problem with the Bloc Quebecois and the sovereignist leaders
is that they know Quebecers want to stay in Canada. That is why
they want to use confusion and trickery in carrying out their
plan, and that is not on. It is against democracy and against
the law in this country.
* * *
[English]
NATIONAL DEFENCE
Mr. Svend J. Robinson (Burnaby—Douglas, NDP): Mr. Speaker,
my question is to the Minister of National Defence and it
concerns the federal expropriation of the Nanoose Bay testing
range in British Columbia. On May 5 the federal negotiator
agreed that 11 kilometres in the southwest corner of the range
were not required and that another 11 kilometres would be
dedicated for public use.
Why is the Liberal government now seizing the land which it has
admitted it does not need for military purposes?
Hon. Arthur C. Eggleton (Minister of National Defence, Lib.):
Mr. Speaker, we are not talking about a change of use or a change
in the practices from what they have been for some 30 years. The
area we use is necessary for these purposes, but every provision
is made in order for pleasure craft and other boaters to be able
to pass in and out, as has been the case for many years. We are
not talking about any change at all and we are not talking about
seizing anything. We are going through the appropriate
expropriation process which involves giving fair market value for
the property.
* * *
1500
AMHERST
Mr. Bill Casey (Cumberland—Colchester, PC): Mr. Speaker, my
question is for the Deputy Prime Minister.
In January I wrote to the Deputy Prime Minister in charge of the
millennium project requesting that a vacant public building in
Amherst to be turned over to the town of Amherst. The building
has been vacant and empty for 10 years. No other government
agency wants it.
It is available. It would make a very appropriate millennium
project to turn it over to the town. Will the minister approve
that transfer?
Hon. Herb Gray (Deputy Prime Minister, Lib.): Mr. Speaker, I
would be happy to look into this matter further.
I think this matter may well involve the jurisdiction of the
Minister of Public Works and Government Services. I will take
this up with him and get back to the hon. member as soon as
possible.
* * *
PRESENCE IN GALLERY
The Speaker: I draw the attention of hon. members to
the presence in the gallery of the following persons and groups.
First I would like to introduce my brother Speaker from the
Irish House of Representatives, Mr. Sémus Pattison, and a
delegation from Ireland.
Some hon. members: Hear, hear.
The Speaker: I would also like to draw the attention of
hon. members to the presence in the gallery of His Excellency
Abdul Aziz Abdul Ghani, Chairman of the Consulative Council of
the Republic of Yemen.
Some hon. members: Hear, hear.
* * *
PRIVILEGE
SUBCOMMITTEE ON TAX EQUITY FOR CANADIAN FAMILIES WITH
DEPENDENT CHILDREN
The Speaker: Last Thursday a question of privilege was
raised in the House whereby one hon. member alleged that another
hon. member had made a statement about a subcommittee report that
was made. The hon. member who was named in the allegation was
the hon. member for Vaudreuil—Soulanges.
I said that I would hold in abeyance any decision until we heard
from the hon. member for Vaudreuil—Soulanges and he is in his
place today. I would like to go directly to him.
1505
Mr. Nick Discepola (Vaudreuil—Soulanges, Lib.): Mr.
Speaker, I thank you for giving me the opportunity to clarify
this situation.
I have too much respect for the House of Commons and the Speaker
to leak any document. I find the comments of the member for
Sherbrooke, who claims that over three years these kinds of
documents have been leaked, a bit exaggerated since he has only
been in the House less than eight months, I believe.
To get directly to the point, I did give an interview to the
Toronto Star. From the outset it was clear to the reporter
that it was my personal opinion. If members take the opportunity
to read the headline of that article, they will see that it says
“MP Report”. It does not comment at all on what I reported in
the House of Commons and in the subcommittee per se.
I was also approached by another newspaper reporter as early as
last Friday who told me that they had in their possession the
said draft report, and I refused comment again.
I draw the attention of the House to a quote in that article of
the Conservative member for Fundy—Royal who proposed a $700
refundable tax credit per child. In the subcommittee last
Wednesday the member for Fundy—Royal admitted to talking to the
same reporter that I talked about.
In my opinion all I did was reflect my personal opinion. I made
that clear with the reporter when I spoke to him. I might have
erred in judgment, but in no way did I ever disclose the contents
of the report which will probably be tabled in the House
tomorrow.
The Speaker: The hon. opposition House leader wanted to
intervene last Thursday on this exact matter. I will recognize
the hon. House leader of the opposition, but may I put into
context what we are talking about.
To reiterate, as I understand it, last week we had an hon.
member alleging that another hon. member made a statement about
some of the things that were discussed in a meeting of a
subcommittee. We are honour bound not to repeat anything from
meetings which are held in camera and we take all hon. members at
face value.
Today the hon. member who was alleged to have spoken has made a
statement in the House of Commons. He says, and I want to be
corrected if I do not understand it, categorically that he did
not make any statement of any material forthcoming from this
meeting. That is my understanding. Is that correct?
Mr. Nick Discepola: Mr. Speaker, that is correct. I
would also like to point out for the House that these meetings
were not in camera. They were public meetings.
The Speaker: The issue here is: Was this information
leaked or not? We have one hon. member alleging that it was
leaked material. We have the hon. member who is alleged to have
leaked the material saying categorically that he did not. We at
all times take the word of hon. members of parliament and we are
honour bound in that way.
With that in mind, and before I render a final decision, I will
hear very briefly from the opposition House leader if he has
anything to add.
Mr. Randy White (Langley—Abbotsford, Ref.): Mr. Speaker,
what we have facing us is something a lot bigger than this
particular incident.
1510
A report from procedure and House affairs on leaked documents
that was supposed to resolve the issue of confidence and
confidentiality within the House of Commons was tabled in the
House, but that was it. It was not even concurred in. We as a
House are supposed at least to concur in that report, at least
agree to it so that we could get some guidance from the Chair.
That has not happened.
Since that document has been produced by the committee, there
have been at least three such incidents which have been matters
of complaint by members here.
It seems to me this will not go away. I think the onus is on
the Chair to make some decision. Obviously the procedure and
House affairs committee could not make the decision. The House in
its entirety is incapable of making the decision because it will
not make any decisions on this matter.
I ask you, Mr. Speaker, to set some standards and guidelines, to
set some rules and to provide some sanctions for those who show
contempt of the House and abuse the privileges of the House.
The Speaker: The hon. member of course is not addressing
himself to this specific issue.
With regard to the specific issue that I am dealing with now,
which is the allegation that the hon. member for
Vaudreuil—Soulanges leaked information, I accept and I want the
House to accept the hon. member's word. I consider the matter
closed.
With regard to the other matter that the opposition House leader
has raised, this was put into the hands of the committee on
procedure. We are awaiting its report. It has not been
concurred in.
If it is before the House I would tend to be informed about it,
but if it is not brought to the House in very short order I want
you to know that I do not feel it is the personal responsibility
of the Chair to make the rules for this House. It is up to the
House to decide how it will conduct itself. It is up to the
Speaker to see to it that the rules of the House are adhered to.
I do not believe that this parliament or any other parliament
should be subject solely to what the Speaker of the day wants to
introduce as the rules. I believe that the Speaker is the
servant of the House, and he or she will take direction from the
House when the time comes.
[Translation]
Mr. Yvan Loubier (Saint-Hyacinthe—Bagot, BQ): Mr. Speaker, I
have often had occasion in the House to raise the problems of
leaked committee documents and reports. I have brought numerous
problems to your attention. The need to find a solution to these
problems has become so great that even the report of the Standing
Committee on Procedure and House Affairs, which was to analyse
these cases and propose sanctions, has itself been leaked. It is
ridiculous beyond belief.
Given what has gone on here for the last two or three years or
so, with more and more of these leaks taking place and members
saying they are not responsible for releasing documents to be
tabled in the House before they are made public, now we are
wondering whether the rule of confidentiality still applies in
the House and in committees, which are an extension of the
House.
1515
We in the Bloc Quebecois are wondering whether these
parliamentary rules and traditions should be taken seriously in
future, because the situation is becoming ridiculous.
A solution must be found because I, as a parliamentarian, have
the feeling that my rights and privileges are slipping away from
me. In case after case, no solution has been proposed to
prevent documents from being leaked before they are tabled in
the House.
It is too easy for a member who is quoted four times in an
article to say that that was not what he said. At a certain
point, people should stop taking us for idiots.
[English]
The Speaker: My colleagues, it is not usual for the
Chair in any way to give directions of this type to the House,
but I suggest to all hon. members that any member of the House
can move concurrence in a report from committee. When this is
done, this could trigger a full-fledged debate about this
particular report to which we are referring.
Hon. members could get the specific rules from the table
officers, but I believe we need to know 48 hours ahead of time.
If it is the wish of the House to have a full-fledged debate on
this particular matter, then it is a decision which will be taken
by the House. I as the Speaker will react as soon as the House
decides what it wants to do.
I am going to put that aside for now and I am going to go
directly to a point of order.
* * *
POINTS OF ORDER
ORAL QUESTION PERIOD
Mr. Jim Abbott (Kootenay—Columbia, Ref.): Mr. Speaker,
during question period the solicitor
general referred to a review of drugs in prison in 1995 and again
in his supplementary he said last year. I assume that is 1998.
According to the rules of this House, through you, Mr. Speaker,
I ask the solicitor general to table those reviews.
The Speaker: Although the solicitor general referred to a
report, I will review the blues but I do not think that the
solicitor general referred to this. However, I will hear some
advice.
Hon. Don Boudria (Leader of the Government in the House of
Commons, Lib.): Mr. Speaker, citation 495(3) of Beauchesne's
states:
The Speaker: I think this is clear. I did not hear
the hon. solicitor general quote directly from it. I will review
the blues and if it is necessary, I will come back to the House.
During the 35th Parliament, the last parliament, one of our
colleagues, Mr. Hugh Hanrahan, who was a very respected member of
the House and of the Reform Party took ill. Just recently he
passed away and today we are going to have tributes. We will
begin with the leader of the Reform Party.
* * *
THE LATE HUGH HANRAHAN
Mr. Preston Manning (Leader of the Opposition, Ref.): Mr.
Speaker, I rise today to join with others in paying tribute to
Hugh Hanrahan, the former member of parliament for
Edmonton—Strathcona who passed away on May 19.
Hugh served in this place from 1993 to 1997. He was
particularly active as a member of the House of Commons industry
committee and as an advocate for the interests of small business
and for the research and development community.
Hugh's voyage through life, like that of so many Canadians, took
him from eastern Canada to central Canada, to western Canada and
then back to central Canada as a member of parliament.
He grew up in Antigonish, Nova Scotia in a family of five boys.
He obtained his undergraduate degrees in arts and education from
St. Francis Xavier University. Hugh then came to this city where
he obtained his master's degree in education from the University
of Ottawa.
He then moved west to pursue his career as a teacher. He taught
in the Edmonton Catholic school system for some 20 years. He was
recognized as teacher of the year for his devotion to teaching
high school students something about economics.
1520
In 1993 Hugh returned to Ottawa as the Reform member of
parliament representing the constituency of Edmonton—Strathcona,
a constituency which includes many students, faculty members and
employees at the University of Alberta.
I personally feel that one of the measures of the
accomplishments and progress of ourselves as human beings is what
the younger generation thinks of us. Perhaps that comes from
being a father of five children. Do we inspire confidence, hope
and aspirations on the part of younger people or do they see in
us particularly as we grow older a wet blanket, an obstacle or an
impediment to their dreams and aspirations?
Hugh Hanrahan had a gift for inspiring the confidence and hopes
of young people which in the final analysis is a greater tribute
to the positive aspects of his life than anything that I could
say.
It was Hugh's students, some of whom had yet to cast their first
ballot in a federal election, who persuaded him, their teacher,
to run for public office. It was Hugh's students and former
students who helped him win the Reform nomination in
Edmonton—Strathcona and formed the heart of his successful
election campaign.
Hugh was never happier in pursuing a public issue than when it
was related to the hopes, aspirations and success of young
people. It is no coincidence that when he retired from political
life because of ill health his constituents chose one of the
youngest candidates in the 1997 federal election to follow in his
footsteps as the member for Edmonton—Strathcona.
On behalf of the official opposition, we pay tribute to our
former colleague, Hugh Hanrahan, today. We extend our heartfelt
sympathy to his wife Dianne, to his daughter Margaret Ann and his
four brothers. We thank them for encouraging Hugh to share his
life with young people and to share his life with us.
Hon. Anne McLellan (Minister of Justice and Attorney General
of Canada, Lib.): Mr. Speaker, I am pleased to rise today on
behalf of the government to offer tribute to the former MP from
Edmonton—Strathcona. Hugh Hanrahan was a fellow Edmontonian and
someone I got to know when we were both elected for the first
time to the House in 1993. In fact the points of coincidence
between Mr. Hanrahan and myself do not end there.
As the hon. Leader of the Official Opposition has pointed out,
the University of Alberta was in Mr. Hanrahan's riding and I had
the opportunity and pleasure to teach at the University of
Alberta for over 13 years before becoming a member of the House.
Mr. Hanrahan and I on our frequent flights back and forth from
Edmonton to Ottawa often sat beside each other. We had the
opportunity to talk about our shared love and commitment and at
times concern for the University of Alberta.
The hon. Leader of the Official Opposition is quite right that
Mr. Hanrahan carried a very deep commitment to the University of
Alberta and the research and development and intellectual life of
that institution. He did all that he could to ensure that it was
nourished and fostered.
As the Leader of the Official Opposition has pointed out, Mr.
Hanrahan, like myself, was born in Nova Scotia. We then made our
way west. Mr. Hanrahan was born in Antigonish, Nova Scotia where
he earned degrees in both education and arts from St. Francis
Xavier or as Mr. Hanrahan would say, St. F. X. Later he obtained
a master's degree in economics from the University of Ottawa.
He did make his way west where he accepted a teaching position
first in Calgary. Soon afterward he moved to Edmonton where he
taught economics and earned a reputation in and out of the world
of education as a man of commitment and thoughtfulness.
Mr. Hanrahan spent over 20 years teaching in the Edmonton
Catholic school system. He was honoured as teacher of the year
in 1998 by the Alberta Foundation for Economic Education. Many
of his students have commented on how influential Mr. Hanrahan
was in their lives. I thought as a former teacher myself it was
very fitting that on the night of his election Mr. Hanrahan
commented on how influential those students had been on his life.
He acknowledged that it was through the encouragement of his
students that he actually for the first time seriously considered
running as a member of parliament. His lifelong advocacy of
fiscal restraint and reducing the national debt provided him with
a strong and obvious platform. His bid at federal politics was
successful.
1525
Among other duties he served on the industry committee where he
developed an expertise on small and medium size business and
research and development. Mr. Hanrahan worked diligently in the
service of his constituents until ill health required his
retirement from elected office.
Mr. Hanrahan was a religious man and one who found intellectual
stimulation and comfort from the works of philosophy, religion,
politics and history.
On behalf of the government, I am pleased to recognize the work
of Mr. Hanrahan and his commitment to the public service of this
country. We offer our deepest sympathy to his wife Dianne, his
daughter Margaret and other family and friends.
[Translation]
Mrs. Monique Guay (Laurentides, BQ): Mr. Speaker, today we are
paying tribute to Hugh Hanrahan, who was the Reform Party member
for the riding of Edmonton—Strathcona between 1993 and 1997.
Hugh Hanrahan passed away on May 19. He was only 52.
Mr. Hanrahan was considered a thoughtful man with a penetrating
mind and a great ability to deepen the issues he believed in.
He had a BA and a bachelor's degree in education from St.
Francis Xavier University and a master's degree in education
from the University of Ottawa.
He taught economics at a Catholic school in Edmonton, where he
was known as a wonderful teacher. This was perfectly natural,
since teaching was a real passion for Hugh. His curiosity was
great and he never stopped learning, always wanting to think
more about things.
He won his election in 1993 in the riding of
Edmonton—Strathcona. He got involved in politics through, among
other things, the encouragement of his students who knew how
their teacher's interest in and concerns about tax administration
and problem of the national debt.
When he won, Mr. Hanrahan took time to warmly thank his students
for their encouragement.
He even mentioned at an event that for him one of the nicest
compliments he got as a teacher was that his students had
influenced the direction of his life.
That shows just how much he cared for and respected his
students.
My colleagues in the Bloc Quebecois and I offer our most sincere
condolences to his wife Dianne, his daughter Margaret Ann, and
to all his family and friends.
The loss of someone dear is always very difficult to accept. The
only consolation lies in knowing that now he will be watching
over those he loves.
[English]
Mr. John Solomon (Regina—Lumsden—Lake Centre, NDP): Madam
Speaker, I rise on behalf of my leader, the member for Halifax, and
the New Democratic Party caucus to pay tribute to Hugh Hanrahan,
the former member of parliament for Edmonton—Strathcona. I was
very saddened to learn that Hugh had passed away at such a young
age, the age of 52.
We were both elected to the House of Commons in 1993. On
occasion we had the opportunity to talk about certain issues and
certain values that we shared. As a matter of fact we had the
opportunity because we sat at the far end of the House of Commons
where the Speaker could not keep track of us. We were able to
share our common experiences.
Mr. Hanrahan was a teacher for 18 years in the Catholic school
system in Edmonton. He taught social studies, economics and
psychology. He was such a good teacher and such a fine
gentleman. I could see why in his previous life before elected
politics he was honoured with the teacher of the year award in
1987-88 by the Alberta Foundation for Economic Education.
Mr. Hanrahan not only loved Canada and Alberta, he loved Nova
Scotia where he was born and educated. He often visited Nova
Scotia and would talk about his visits there.
1530
One of the things I wanted to raise with the House and his
family is the fact that we would talk about why we came to the
House of Commons. We also shared our various hopes and
aspirations about Canada, in particular western Canada.
It is my view that Mr. Hanrahan sought elected office because he
felt strongly about the good fiscal management that was necessary
for our country. He was concerned about the problems of the
national debt. He was also very concerned that we should be
focusing our energies on building Canada as opposed to tearing it
apart.
He was encouraged by young people to seek elected office. They
energized him in his job throughout his duties and career as a
member of parliament. He was somewhat discouraged and saddened
by the fact that he could not seek elected office for a second
term because of his illness. I shared his very serious thoughts
in that regard.
On behalf of the New Democratic Party caucus and my leader, I
wish to offer my very deepest sympathies to Mrs. Dianne Hanrahan,
their daughter Margaret Ann, his brothers and other family
members and friends.
Mr. Peter MacKay (Pictou—Antigonish—Guysborough, PC): Madam
Speaker, on behalf of the Progressive Conservative caucus I join
in sending our sympathy to Mrs. Hanrahan and their daughter
Margaret on the loss they have suffered in the passing of Hugh
Hanrahan.
From what others have said, particularly the Leader of the
Opposition and the Minister of Justice, it is very clear that the
community in Edmonton is poorer for the tragic early death of Mr.
Hanrahan. Yet it is very clear that in his short life he
achieved much.
As an educator, orator and member of the House of Commons, Mr.
Hanrahan served his constituents and his country proudly. He
received the accolades and the respect of his peers in each
capacity, and he served with dignity. This is not surprising for
he was a son of Antigonish and the product of St. Francis Xavier
University. His attachment to his Scottish and Irish ancestries
was worn with pride. He has now returned to the welcoming arms
of his beloved Nova Scotia.
We are grateful that Hugh Hanrahan was prepared to serve his
community and the House. The country is richer because he did
so. He served the public in a noble and dignified way. The loss
to his family and his country is immense. With all members of
his family, his party and this place, we mourn his loss.
Mr. Paul Bonwick: Madam Speaker, I rise
on a point of order. I believe you would find unanimous consent
of the House to allow me to present a petition.
The Acting Speaker (Ms. Thibeault): The hon. member is
seeking unanimous consent to present a petition. Is there
consent?
Some hon. members: Agreed.
ROUTINE PROCEEDINGS
[English]
PETITIONS
CHILD PORNOGRAPHY
Mr. Paul Bonwick (Simcoe—Grey, Lib.):
Madam Speaker, I rise, pursuant to
Standing Order 36, to present a petition signed by my
constituents of Simcoe—Grey.
The petitioners call upon parliament to uphold and reinforce
section 163.4 of the Criminal Code making it illegal to possess
child pornography.
They also request that parliament use all resources available to
counteract the ruling of the Supreme Court of British Columbia
and once again to assure children all over Canada that the
Canadian government supports their right to be free from abuse
and exploitation.
I pay thanks and congratulations to Lisa Mooij, an energetic 14
year old who did all the research, organization and work on this
petition.
GOVERNMENT ORDERS
[English]
SUPPLY
ALLOTTED DAY—MARRIAGE
The House resumed consideration of the motion and of the
amendment.
Mr. John Bryden (Wentworth—Burlington, Lib.): Madam Speaker,
this motion arises out of the controversy that followed various
supreme court decisions and various other court decisions that
were intended to extend various benefits to same sex couples.
I really believe that the controversy is an empty controversy if
we as legislators apply ourselves to a few relatively easy
changes.
1535
I believe that the majority of Canadians believe in the
principle, in the rightness as described in our charter of
rights, of making sure all Canadians have equal access to
benefits and that they should not be discriminated against
because of sexual orientation.
I believe that over the last 20 years Canadians have come to
more and more recognize that homosexuality is something that is
given to us at birth, that it is not really an alternative
lifestyle. It is something that nature or God gives us. It is a
flaw, perhaps, or an abnormality. I should say there is nothing
unnatural about an abnormality because every one of us is born
with differences, weaknesses or strengths.
I think all of us as Canadians believe that we should not
discriminate against people merely because they are different
from the norm. Indeed homosexual couples and homosexual
individuals I think are generally acknowledged to have
contributed mightily to the creative life in any country or any
community to which they belong.
That having been said, I think we can fix this situation by a
few simple legislated definitions. The first should be to
legislate a definition of marriage that means legally that
marriage is a union between opposite sex couples. Second, we
should legislate a definition of spouse.
We have no choice but to connect spouse with the idea of
marriage because the dictionary defines spouse as husband and
wife, and only the courts can play Samuel Johnson at their whim
and redefine language whenever they please. We as legislators
have to respect language in both English and French and make sure
that we are using current language and using words as they are
intended to be used.
Then what we should do is create a new definition and call it
dependent partner. We define dependent partner as an adult who
is in an emotionally dependent relationship with another person
leading to material dependency. We can extend that definition to
say that it involves siblings, that it involves parent and child,
or that it involves people of the same sex who are in a physical
relationship with one another.
Once we do that then the rest should fall in place. As long as
we set aside the fear associated with defining same sex couples
as being married, as having the right to adopt children or as
eroding the sanctity of marriage, I think the vast majority of
Canadians, whether they are very religious or not very religious,
will join with this parliament in agreeing that we should make
sure all people who are in an emotionally dependent relationship
should have equal access to benefits. The advantage to this is
that we take, for the most part, sex out of the definition.
I certainly believe, as a former Liberal prime minister once
said, that parliament has no business in the bedrooms of the
nation. I believe that is so. We should be talking about
dependent relationships, not sexual relationships.
I think this is an easy solution. We should think about it over
the summer. I am glad the Reform Party put this motion forward
today because we are coming to the end of this sitting and we
need to reflect on this issue so we can easily resolve it when
the fall comes.
Ms. Libby Davies (Vancouver East, NDP): Madam Speaker, I
listened to the hon. member's comments in support of the Reform
motion. The more I hear of this debate and the more I hear some
members speak and where they are coming from, I actually get very
scared about what is an obsession with the issue.
Now we hear from the hon. member that he wants not only to
define marriage as he sees it but also to define spouse as it
relates to marriage. I have to question what right do I, or does
the member or anyone else, have to do that.
People who live together may define themselves as or may
self-identify as spouses. They may be in a common law
relationship as man and woman. They may be of the same sex.
1540
I find quite frightening the way this debate is going in terms
of hearing on one hand that the state has no business in the
bedrooms of the nation, which the member has so eloquently called
forward from the past. Yet the very motion and debate that is
taking place would do exactly that. It would enforce the state
into people's private lives and define people's relationships.
For what reason do we need to do that? Who is this threatening?
Who is being threatened by people's choice and decision about
how they live if it is not causing harm to other people?
I am genuinely asking that question because I have difficulty
understanding for what reason the member believes the state
should be making this enforcement in terms of a definition not
only of marriage but now of spouse. What will be next? Will we
define the family?
Mr. John Bryden: Madam Speaker, we have just heard an
example of the rhetoric of intolerance. It is the proper place
of this place to define things in law. That is our job. That is
what we are here to do. It is my right. I was elected by my
constituents to do exactly that.
If the member had been here when I spoke earlier, she would have
heard me say that the danger, and why we have to intervene and
make these definitions, is that if we do not the courts are
likely to extinguish the rights of children.
I am not sure in my conscience that, all things being equal, a
child should have a homosexual couple as parents. I am willing
to acknowledge that homosexual parents can be good parents. I am
willing to give the officials the discretion to make them
parents. However I am not willing to give them the right of
being parents because, in doing so, we extinguish the rights of
children. I cannot do that. It is my place to define the law to
make sure that the rights of children are protected.
Mr. Jason Kenney (Calgary Southeast, Ref.): Madam
Speaker, I commend the member for Wentworth—Burlington on his
eloquent remarks.
I point to the comments of the attorney general this morning who
asked in this place why we should be using the already limited
time of the House to debate a motion on which there will be no
fundamental disagreement inside or outside the House. I raise
this point because the member indicated he thought this was a
worthwhile motion, as do I.
Will he not agree with me that we have heard members of the
House disagree fundamentally with the principle stated in the
motion? I do not raise this as a partisan point but rather to
demonstrate that the governing party of Canada, and not the
government, strongly urges the federal government to recognize
same sex marriages in the same way as opposite marriages in its
distribution of benefits.
Will the hon. member recognize that this is a live issue, that
there is, contrary to what the attorney general said, fundamental
disagreement about it?
Mr. John Bryden: Madam Speaker, I believe the vast
majority of us agree that benefits should be extended to same sex
couples. The issue here is simply the danger of allowing
marriage to be defined as a same sex relationship. Not only does
that go against a thousand years of tradition in law, the church,
language and every other thing, but there is a serious danger to
the rights of children.
That being said, on this side there is great diversity of
opinion and great freedom to express opinion. If an attorney
general somewhere or the solicitor general or the justice
minister expresses himself or herself in the House, I still have
the privilege of expressing myself in my way.
Mr. Ken Epp (Elk Island, Ref.): Madam Speaker, I am very
honoured to enter into debate on the very important question of
the definition of marriage, the definition of spouse, and the
upholding of the family.
I will bring a perspective to the debate which is just a little
different from most of those that have been expressed, although
there has been a current of what I will say through many of the
speeches we have heard so far today.
I think of marriage and family in a very special way. I made
reference in a member's statement today to the fact that this
summer my wife and I will been married for 38 years.
I think that one of our friends had it right when she said at our
37th anniversary “Betty deserves a medal”. That was probably
true. I try to be a loving and caring husband. However, as do
all husbands and all spouses, we sometimes fall just a little
short of the mark, even the one we would set for ourselves and
our spouses.
1545
We have a very solid family relationship based on marriage. To
me it goes somewhat beyond the verbal definition.
One of the reasons I am so supportive of this motion is because
we are talking about words. We are talking about language.
Unless we use words which we understand to have a common meaning
it makes communication very difficult. We all know that over
time language changes. All one has to do is read a bit of
Shakespeare to realize that the English usage a scant 150 or 200
years ago was somewhat different in many areas from what it is
now. Even in my own lifetime I have seen some changes in the
language.
When I was a young man “do not speed” meant not to go faster
than the prescribed limit on the highway. The word speed had
quite a different connotation when I was a young man in the
hippie era. I remember in my day when “keep off the grass”
meant not to go on the neighbour's lawn. Now keep off the grass
may have something to do with something quite different.
I suppose I should hesitate to use this spectacular example, yet
it is a real example so I will use it. We had a motto in grade
eight. I still remember it well. Our teacher and the school
principal were trying to teach us to make sure that we were
diligent in our work. The reward for doing good work was to have
enjoyment for it afterward. Our school motto was “First we work
and then we play because that is the way to be happy and gay”.
In my generation the word simply meant carefree, happy and
without worry. Now the word gay has a fairly different
connotation because it has been pre-empted by the homosexual
community. Quite often when I visit high schools and I talk
about that grade eight school motto it evokes a good chuckle
because of the change in the meaning of the word. That happens
in the English language.
What we are concerned about is not only the legality of it but
the deeper meaning. The reason for this motion today is that we
want to able to give the courts a very clear message of what our
meaning of the word marriage is and what the definition is in
terms of what the legal implications are. As I said in my
preamble, to me the meaning of marriage is very deep.
On July 15, 1961 my wife and I stood in front of a minister at a
church. We expressed our vows to each other. I still remember
most of them. I do not know if I could still quote them
verbatim; however, they had to do with being true to each other,
to cling to each other and to no other until death do us part.
That was the vow that we made. It was made not only to each
other in the presence of witnesses, it was also made very
profoundly in the presence of God.
I am here today to share this aspect of a definition of
marriage. For many ions of time it has meant the union of a man
and a woman. To me it is not only a relationship or that my wife
and I are living under the same roof and sharing expenses, it is
much more than that. It is a deeply meaningful, spiritual
relationship under God, with an oath that we gave to him as well
as to each other.
I remember my grandparents. They passed away a number of years
ago. We celebrated their 25th when I was a little kid. I do not
even remember that.
However, I do remember celebrating their 50th, their 60th and
their 65th. Grandfather died when he was 88, in their 67th year
of marriage. That is when this part of the vow came into play
for them: “Till death do us part”.
1550
My own parents have celebrated their anniversaries over the
years and I certainly remember their 25th, 50th and 60th. Lord
willing, they will be celebrating their 65th next year in the
millennium year. That is their millennium project. They are
still very healthy and we are very grateful for that. They too
have had a lifelong, deep, monogamous, faithful relationship with
each other. There is a deeply held meaning in the word marriage,
a union between a man and a woman for life. As I have said, my
wife and I share that same meaning.
I do not know whether we are ready in this country to start
fooling around with a definition that is so deeply meaningful to
so many Canadians. I am quite convinced that the definition I
hold, which adds that further dimension to marriage, is one that
is held by the majority of Canadians; not only by those of the
Christian faith, but also by those of other faiths. I think of
the Sikhs, the Muslims, the Hindus. They all have a relationship
of marriage which they clearly understand to be the union of a
man and a woman. We err terribly by even suggesting that
possibly some court could change that definition.
I am here today to declare that I am going to very solidly,
proudly and out of a deep sense of duty and obligation vote in
favour of the motion, and not because it is immediately a threat.
The Minister of Justice has told us that. Some of my colleagues
have already quoted words which she has used both verbally and in
response to letters from constituents and in response to
petitions. The Liberals have no intention of changing the
definition of marriage from that which is currently in use, it
being the union of one man and one woman to the exclusion of all
others. That is the current definition. I believe that they
have no intention of changing it.
Why do we bring this motion? It is very simple. We want to
send a loud and extremely clear message, not only to the Canadian
people but also to the courts of this country, that the will of
the people as expressed in this democracy is that the definition
should remain unaltered.
Think of the word “spouse”. What can spouse mean other than
the wife of a husband or the husband of a wife? The courts are
starting to change the word “spouse”. Even in this House we
have had some bills like Bill C-78, which in its obscure parts
refers to anybody in a conjugal relationship.
Marriage keeps the government out of our bedrooms because it is
a valid relationship which stands on its own without inspectors.
We err when we go in the direction of changing the definition of
spouse, the definition of marriage and, indeed, the very
definition of love and lifelong commitment.
[Translation]
Mrs. Maud Debien (Laval East, BQ): Madam Speaker, I have
listened to our colleague from the Reform Party giving examples
of the changing meaning of words throughout history, and he is
absolutely right. His examples were very pertinent. He also
said it was the role of parliament to give a legal value to
words and to their profound meaning.
1555
Listening to the hon. member, it would appear that only married
heterosexual spouses forming a family with children are worthy
and capable of fidelity, love, mutual support and sharing.
I have a question for him: Does he believe that words are not
the only things that can evolve over time, but that attitudes
could as well?
[English]
Mr. Ken Epp: Madam Speaker, we are really not talking
about other kinds of relationships today. There is no doubt that
they exist. There is no doubt that people have remained close
friends and, as some would say, conjugal friends. I do not like
the word in that context, but there it is. Obviously that
happens. That is not what we are talking about.
I am talking about the preservation of the language, of the use
of the term, what it means as a deep meaning, and this one is the
union of a man and a woman in marriage. I do not really think
that we are talking about the other one. That may occur and that
is a subject for another day.
Ms. Marlene Catterall (Ottawa West—Nepean, Lib.): Madam
Speaker, this is the day on which we are having our last debate
on the expenditure of over $150 billion that we will have to vote
on later tonight, much later tonight probably. I am totally
mystified as to why we have a motion that is a real bogeyman
before us today.
The motion makes specific reference to court decisions and is
seeking to have parliament confirm the idea of marriage. I would
ask the member opposite if he is aware of one court decision that
has anything to do with changing, modifying, even questioning the
definition of marriage, which is well established in common law,
or if he is aware of any court decision that has anything to do
with changing the definition of family. The only one I am aware
of is a decision at the trial court level which says very
specifically that section 15 of the charter cannot be used to
redefine marriage.
Mr. Ken Epp: Madam Speaker, in answering the question of
why we are using one of the last days of parliament on this
issue, it is because of the fact that things roll on when
parliament is not in session. I believe that it is timely for us
to give a very, very strong and clear message to the courts.
It is true that many of these decisions have been coming down at
lower court levels and so far the upper court has upheld them.
However, all of the courts are saying to us that they want our
guidance. They have said “unless the court speaks”. Even in
the most recent M and H decision I believe there was an
indication that the court wanted a clear indication from
parliament as to the direction it should be taking.
Reform members today are using this as our opportunity to do
what the government should have done a long time ago, and that is
to have a debate and a vote and establish beyond all shadow of a
doubt what actually is required.
We have some instances where the courts have actually asked for
this. I have several examples here. They indicate, for example
in the Rosenberg decision, that the words referring to the
spouse, at any time, of a taxpayer, include the person of the
opposite sex or the same sex. They are changing the definition
of spouse. As I said in my speech, what can spouse in the
context of marriage possibly mean other than the husband of the
wife or the wife of the husband?
Mrs. Diane Ablonczy (Calgary—Nose Hill, Ref.): Madam
Speaker, I must say that I share the mystification of the deputy
whip of the government when she said it is a mystery why we have
to talk about this. I never imagined when I was elected six
years ago that I would ever be in the House of Commons debating
this issue, the fact that we need to affirm the meaning and the
cornerstone policy of marriage in our country.
I think most hon. members have the same feeling yet here we are.
1600
The Prime Minister in October 1996 said that marriage is a
contract between two individuals according to the Canadian
tradition of different sexes to share a life together. A
spokesman for the justice department in January this year said
common law says that marriage is a union between a man and a
woman and that is the way it will stay.
I think a lot of us had thought, hoped and believed that this
kind of a debate about the meaning of marriage in Canada would be
totally unnecessary. Yet as many of my colleagues and others
have stated here today, there is a growing uncertainty and
concern on the part of citizens of our country about this seeming
bedrock concept of Canadian society.
The recent redefinition of spouse by the supreme court is one of
the things causing this unease. Of course a spouse is a part of
a marriage. Now the courts have said that a spouse is a part of
other kinds of relationships as well. In its decision the court
said that this ruling that redefines spouse “has nothing to do
with marriage per se”. It also said “this appeal does not
challenge traditional conceptions of marriage”.
There have been moves in other parts of the world to re-examine
this issue. In 1996 the American Congress passed what is called
the defence of marriage act. As the House knows, issues are very
closely linked in our two countries and in other countries as
well.
That act did two things. First, it allowed states not to honour
same sex marriages even if such marriages were allowed in other
states. Second, the law defined for the federal code that
marriage “means only a legal union between one man and one woman
as husband and wife”. Interestingly enough, shortly after the
act was passed, the state of Hawaii had a court decision which
ruled that forbidding same sex marriages violated Hawaii's
constitution.
There are reasons for Canadians to feel some unease about this
issue. In the interventions by some members of the New
Democratic Party today there is some hostility toward this
cornerstone definition of public policy.
The unease of Canadian citizens has been demonstrated in some of
the petitions filed in the House. I would like to read the
wording of the petitions that have been filed. Eighty-four
members of parliament have stood up to present this petition:
Whereas the majority of Canadians understand the concept of
marriage as only the voluntary union of a single (that is,
unmarried) male and a single (that is, unmarried), female;
And whereas it is the duty of parliament to ensure that
marriage, as it has always been known and understood in Canada,
be preserved and protected;
Therefore your petitioners pray that parliament enact
legislation...so as to define in statute that a marriage can only
be entered into between a single male and a single female.
In this petition we see the anxiety of thousands of Canadians
who took the time to sign and submit petitions to parliament.
We also see that the courts are requesting leadership by
lawmakers on key public policy issues such as this. There is a
clear precedent that the courts are prepared to fill in any
blanks in respect of these kinds of issues, and sometimes even to
rewrite our laws.
1605
We have for example a quote from an article in the Financial
Post where a financial planner observes:
—the law, whether by statute or judiciary, is slowly but surely
transforming the notion of “family”...the Egan case said...the
definition of spouse in the Old Age Security Act, which requires
couples to be of the opposite sex, contravenes the Charter of
Rights. But the contravention was saved by the holding...that
the discrimination is acceptable in a free and democratic
society.
There was one dissenting judge even on that exception. The
commentator went on to say:
We don't believe that such a change is likely in the foreseeable
future and we are certainly not about to embark upon a campaign
for change. On the other hand, we do recognize that societal
norms are changing and that even if the politicians are super
cautious, a goodly part of the judiciary does not seem to be
intimidated.
When there is commentary like that, our citizens are concerned.
They wonder what is going to happen.
There is also the matter of Bill C-78 wherein the provisions of
the public service pension act were extended to same sex couples.
This provision of the bill caused real anxiety not only in the
public but there was some strong reaction by members of the
House.
There was the perception that the government was changing some
of the notions and the definitions of relationships in our
society by stealth. I do not want to be unkind but I think that
was the impression a lot of members of the House got, that buried
deep in these big bills were going to be the kind of changes to
the whole notions and constructs of our society that would not be
acceptable to many Canadians.
When we see that courts have said that a couple is a couple is a
couple and that spouse is not limited to marriage partner, in the
long run people ask themselves, will the distinction between a
union to procreate and nurture children and all other types of
relationships be lost?
This leads me to the purpose of bringing forward this motion
today is to give us as members of parliament the opportunity to
say that we are determined to be vigilant in regard to these very
key elements of our social make-up and that we mean business about
ensuring the stability of this key social construct. If there is
doubt, let us clear it up. If it takes a day of debate to do
that, then I think it is a very worthwhile day of debate.
There are a number of reasons the institution of marriage is
important. In the book It Takes Two: The Family in Law and
Finance by Allen and Richards it is stated:
Marriage is an efficient institution. Were there a more
efficient means to raise children, marriage would not have lasted
over the millennia as the primary form of organization for
procreation and social structure. Raising children, not just
providing for them physically but embodying them with what is
good and productive, is a complicated business. Historically,
the family has been a type of “firm” that has provided parents
with proper incentives to see the job through.
Traditionally, marriage has been viewed as a relationship in
which there are many stakeholders: children, parents, the church
and the state. Ours may be a more secular (society) but that
does not absolve us from collectively caring about the success of
marriage as an institution.
I appreciate that all members of the House are prepared to show
leadership on this important issue.
Mr. John Cannis (Scarborough Centre, Lib.): Madam
Speaker, I want to take a few moments to add my voice to this
debate, seeing that there is not time for me to participate in
the debate because everyone wishes to speak to the motion.
1610
The hon. member in her opening statement indicated how she
thought we would never be here discussing this issue. I
empathize with what she is saying, but I say to the member how
fortunate we are to be able to have this debate so that we can
alleviate some of this anxiety and the perceptions she also
referred to.
When we are elected, constituents from our respective ridings
say to us that we are here in Ottawa to be their voice. I firmly
believe this and I am sure every hon. member in the House
believes this.
Here we are today in this most unique situation to speak on
behalf of people like Dolina and Bruce Smith from my riding, Mr.
and Mrs. Guest, Roxanne James and so many others who have sent us
their comments. In today's debate and the vote we can express
what our constituents are saying. I thank the members who have
participated.
Mrs. Diane Ablonczy: Madam Speaker, I agree with the
member. The intent of the motion is not to be partisan. The
intent of the motion is to give all of us an opportunity to make
it crystal clear what parliament means when we refer to marriage.
It is to provide a means for parliamentarians from all parties
to remove any doubt about our position on the value and meaning
of marriage to this country and to this state. We appreciate the
fact that lawmakers from all parties are participating and are
making affirmations on this very important point.
Mr. Jason Kenney (Calgary Southeast, Ref.): Madam
Speaker, I commend my colleague from Calgary—Nose Hill for her
remarks and the remarks of members opposite on this subject.
I agree with the hon. member that this is not a motion brought
forward in the spirit of partisanship but as the attorney general
suggested, hopefully, everybody would be able to support it. I
think we have seen today at least from one party and perhaps from
some government members that is not the case, but it really does
raise a question in my mind.
I read the motion and it simply says that parliament affirm that
marriage is and should remain the union of one man and one woman
to the exclusion of all others, precisely the government's stated
and ongoing policy. Then I looked at the talking points
distributed to members of the Liberal caucus, prepared I think by
Kevin Bosch at their research unit which among other things
characterizes this motion as being “fearmongering, extremist,
malicious, divisive, intolerant, meanspirited, singling out and
demeaning groups” et cetera.
Could the hon. member for Calgary—Nose Hill comment on what she
feels about partisan, hot button, extremist politics like this
being employed on what should be a non-partisan issue of
importance to all Canadian families?
Mrs. Diane Ablonczy: Madam Speaker, I would hope that the
injudicious characterization of this debate is confined to one
researcher for the Liberals.
I have heard from many of my colleagues opposite that they feel
this is an important debate. It is a debate that is meaningful
and positive for Canadians. It gives an opportunity to show true
leadership as we ought to as the elected representatives of the
people and, as one of my colleagues just said, as the voice of
the people of Canada.
It saddens me to see that grubby partisan politics have to
intrude even in such a deep-seated and meaningful issue in our
country, but I suppose that is the nature of politics. I do
appreciate the fact that although some researchers may get
carried away members of the House show more judiciousness and
more good sense than that.
Mr. Steve Mahoney (Mississauga West, Lib.): Madam
Speaker, I am pleased to have the opportunity to speak to this
issue.
I should say to the member for Calgary Southeast that what he
wrote out is generally a stamp that we reserve for all the Reform
Party motions that come across the floor. Usually they would fit
into that category. We were always writing it out in longhand
and figured it was probably more appropriate that we just get a
stamp to use.
Today is an exception because the motion that is before us will
find a lot of support on this side of the House. It will
certainly find support from me, and I am sure that many of my
colleagues who have already spoken and who will finish out this
debate will also support it.
1615
I take the opposite view. I do not regret or bemoan the fact
that we are taking what amounts to an expensive legislative day
in keeping the House going to debate this. I thank the Reform
Party for giving us the opportunity to tell our constituents
exactly how we feel about the issue of marriage, family and what
makes the country strong. It is a great opportunity for us to do
that and I truly do thank the members opposite.
I will be splitting my time with the member for Charleswood St.
James—Assiniboia.
I want to add that the information is clear. While I believe
that we have been given the opportunity to get our message
across, the Reform Party knows that the government remains
committed and has given no signal and no indication that there
will be a change in its support of Canadian families. There are
no plans to legislate a change in the definition of the term
marriage.
Let us go back to where that comes from. The definition of
marriage in federal law is not in a statute passed by parliament
but is found in what is called the federal common law dating from
an 1866 British case of Hyde and Hyde v Woodmansee, a case
dealing with the legal invalidity of polygamy. This case has
been applied consistently in Canada with the result that no
marriage can exist between two persons of the same sex. It would
be void ab initio, which means from the beginning. This is clear.
No jurisdiction worldwide differs in that particular area, even
though there may be some European or Scandinavian countries that
do allow same sex partners to register their relationships.
I would be very interested to hear the position of the Reform
Party when the province of Alberta, which seems to be leading the
charge on this, comes out with a plan—and many of these members
of course are from that province—that would allow same sex
partners to register an interdependency on one another and
thereby have access to certain benefit plans such as survivor
rights or pension rights. It is actually an interesting solution
to the problem for those of us who recognize marriage as a union
between a man and a woman and no one else.
It is a solution because I was in the province of Ontario when
we had the debate over whether or not we would extend rights to
same sex couples for benefits. Many major corporations in the
country have already done that and are way ahead of government.
We had a very acrimonious debate on the floor of the legislature
in Ontario. The galleries were filled with people who were
extremely upset. When the debate was over and we voted against
extending same sex benefits, the place was literally taken over
by a mob.
An hon. member: How did you vote?
Mr. Steve Mahoney: I voted against it. It was an
extremely emotional, high strung atmosphere and a very
unsatisfactory resolution to the particular problem.
The fact remains that time moves on and what people are really
concerned about is the protection of the family. We do not lose
rights based on our sexuality or who we are having sex with. We
also, in my view, should not gain rights in that regard. It
should not be a defining principle.
As Prime Minister Trudeau said, we have no business in the
bedrooms of the nation, so why would we be using that as some
kind of measuring stick to determine whether or not someone has
access to some particular right?
What I like about the Alberta solution, although I do not know
the cost of it and I am sure that is being looked at, is that it
de-sexualizes the whole issue.
1620
I heard a gay rights lawyer say that if we simply adopt this
without looking at the nuances and the difficulties, we could
have a grandmother declare that a three year old grandson is now
economically dependent and therefore subject to the survivor
benefits. The three year old would then get the survivor benefit
when the grandmother passes on. This would throw pension plans
so dramatically out of whack that no one would be able to afford
them. We would be unable to determine the level of premium we
should set. I understand that there are some problems.
I believe we should recognize that this is not about homophobia.
This is about recognizing the strength of what makes the country
good and what makes the country strong. It is the family. I
would doubt that there are very many people, even gay members of
parliament, who would disagree that family is the key to the
strength of the future of the nation. My colleague for
Mississauga South used the term “a line in the sand”. I would
use “thin edge of the wedge”. This is ultimately what the
debate is all about.
I have a quote by David Corbett of the Foundation for Equal
Families. He said:
Nobody has proposed a solution that would have marriage as an
institution available to same sex couples. It is not constructive
contribution to the debate and it is certainly premature.
What does that tell us? It tells me that we are not going to do
it at this time because it will upset the apple cart. We will
move along an inch at a time until we can make more ground. Let
us call it for what it is. The gay rights activists absolutely
want to have same sex marriages recognized. They may say they do
not, but I honestly believe they do.
Does that mean we have to get homophobic and panicky? I do not
think so. I think it means that in this country, the country
over which we have the domain as parliamentarians, we will only
recognize, as our common law states, that a marriage is two
people of the opposite sex and excludes anyone else. This is
common sense to me. I do not think we have to have a knee-jerk
reaction to it.
I say to those in the gay community that I have no problem with
their right to not be discriminated again in terms of housing,
employment, education, equal opportunity, jobs within the
government, procurement or whatever. We should not discriminate
against them based on their sexuality. However, they have no
right to claim that they have expanded rights based on their
sexuality. As far as I am concerned, it cuts both ways.
One of the things I find most fascinating about being in this
place, especially when many of my esteemed colleagues prior to
arriving here made their living in pursuit of the law or defence
of the law in one way or another, is when the debate indicates
that we should let this particular issue go through the courts
because they will adjudicate and make the decision. However, on
this particular issue we cannot have the courts make that
decision because we are parliament, we are the ultimate and we
have the right to tell them what to do.
We have a judicial system that is one of the finest in the world
and supported with a parliamentary democracy that is absolutely
one of the finest in the world. What we need to do in all cases
is to make sure that those two systems work in balance; where
parliamentarians can say what it is they want to have happen in
terms of the law, but that the judicial system must be available
without interference from politicians to interpret that law, be
it the charter of rights or any other individual law.
I support the family. I support men and women being married. I
believe they are the only two who can be spouses. The government
supports that and we will stand behind that regardless of any
attempts to portray us in any other light.
1625
Mr. Jack Ramsay (Crowfoot, Ref.): Madam Speaker, my
colleague has touched on many of the concerns.
I have a very brief question for him. Bill C-78 provides for
benefits based on a conjugal relationship. Pierre Elliott
Trudeau told us that the state has no business in the bedrooms of
the nation and took the state out of the bedrooms of the nation
back then. I believe that Bill C-78 has put us right back into
the bedrooms of the nation. In order to secure the benefits as
provided for by Bill C-78, we have to prove a sexual
relationship. I wonder if the hon. member would like to comment
on that.
Mr. Steve Mahoney: Madam Speaker, as in many cases in
this world of politics, there are issues and bills that have some
difficulties.
The real value of Bill C-78 for this government was the fact
that we were able access some $30 billion in capital funds that
belonged to the taxpayers. The position of the Reform Party is
that we should close our eyes, draw the wheels of government to a
close and not get that money back into the hands of the taxpayer.
That is why we did Bill C-78. I voted for Bill C-78 and would
again.
Mr. Jason Kenney (Calgary Southeast, Ref.): Madam Speaker, I
do not know if the hon. member is on the MPs' hockey team, but if
he is he should get the best skating award. He knew how to skate
right away from that question. I am not going to let him get
away with it.
We heard him announce that the great liberal libertarian
principle of the state does not belong in the bedrooms of the
nation, with which I concur.
The fiscal impact of Bill C-78 aside, does he not agree—and we
may be dealing with legislation of this nature that is more
expanded in the fall when we reconvene—that benefits provided
ought not to be provided on the basis of sexual behaviour but on
some other characteristics, that is, those of dependency? Can he
comment on that?
Mr. Steve Mahoney: Madam Speaker, as I said during my
speech, I do not believe that people should get rights or lose
rights based on their sexuality.
What I have mentioned is that I like the balance that I see. I
think our other deputy speaker, a member from Alberta, has put a
paper out as well. The Alberta government is dealing with an
issue that I believe we will be looking at it; that is, if they
do declare dependency economically and pay a family premium. I do
not think that two people can live together, declare that they
want to share benefits and then continue to pay a single premium.
There may be a requirement to adjust those premiums and create a
third category which could be a declared an interdependency
category for setting the premiums.
Clearly, pensions, survivor benefits and all of those things are
based on the long range forecast by the economic professionals.
They are not based on sexuality but on hard dollars and cents.
Mr. Grant Hill (Macleod, Ref.): Madam Speaker, I would
like to try this question one more time.
In Bill C-78 benefits are conferred because of a conjugal
relationship. The member in his speech clearly said he was
against that. Would he state plainly for the record whether he
was for or against that portion of Bill C-78?
Mr. Steve Mahoney: Madam Speaker, I have made it very
clear that I believe that benefits, in any particular situation,
should be based on the premiums that are paid. If we can adopt a
situation where we can register dependency, and perhaps establish
a new level premium, then perhaps we could do that.
The red herring that the members opposite continue to bring up
with regard to Bill C-78 is nothing more than that, and they know
that. They also know that there are numerous government bills
that will be brought onto the floor of this place that are going
to involve the same kind of issue. That is why the government is
looking at it and we believe it is necessary.
Having said that, in spite of the attempts by the members
opposite to throw me off, I actually, for the first time in my
two years-plus in this place, support an idea put forward by the
Reform Party and it frightens the heck out of me.
1630
Mr. John Harvard (Charleswood St. James—Assiniboia, Lib.):
Madam Speaker, I welcome the opportunity to participate in the
debate this afternoon because I take the subject matter very
seriously. Ultimately we are talking about minority rights. In
a pluralist society of the kind that exists in Canada we have to
take the matter very seriously and we have to tread very
carefully.
While I truly question the motive of the Reform Party in putting
forward the motion on the parliamentary calendar for today, I
have no trouble whatsoever in supporting it. I will do exactly
that later tonight and perhaps I will use some of my time to
explain why.
I do not have any trouble supporting the institution of
marriage. I consider it an essential part of the bedrock of
society. Our society is founded upon the institution of
marriage, and I cannot imagine civilization being without it as
we know it.
I have some experience inside the institution of marriage. I
was first married more than 39 years ago. I consider myself to
be one of the luckiest men on the face of the earth. I have what
I think is the perfect wife and perfect mate. I thank God every
day that she came into my life many years ago.
Marriage is extremely important. We as parliamentarians have a
duty to nurture and to support the institution of marriage. If
we can do that in some small way through this kind of debate in
the House of Commons, so much the better.
With those few words in support of the institution of marriage,
I am more than happy to support the motion brought forward by the
Reform Party.
Why do I question the motives of the Reform Party in bringing
forward the motion? I question the motives of the official
opposition because on this matter, which has to do not so much
with marriage but with gays and lesbians, the Reform Party
established a certain fact a long time ago, that it is very good
at the business of scaremongering.
When it comes to minority rights relating to gays and lesbians,
the Reform Party cannot think of anything better to do than to
spread fear where very little fear exists. I think it was the
member for Wentworth—Burlington who described the issue as an
empty controversy. It is just that, an empty controversy.
I am not aware of anyone who is rushing around, pushing and
advocating for some sweeping change in the definition of
marriage. Maybe the Reform Party is. Maybe it is the only one,
but I certainly do not hear it from anyone whom I would consider
either credible or in large numbers.
The justice minister, speaking in the House this morning on
behalf of the government, said that the government was not
interested at all in changing the definition of marriage. I do
not know of any significant group in the country that is
demanding a change in the definition of marriage. There may be a
few; there may be a few gays and lesbians around but I do not
think they are in large numbers.
1635
At this particular time in the debate I think gays and lesbians
are far more interested in other issues connected with this
matter, especially when it comes to equal benefits. There may be
a few but I think it is an insignificant number. It certainly is
not the kind of number that would warrant scaremongering,
spreading fear by the Reform Party.
Are the courts in the country demanding that parliamentarians
change the definition of marriage? I do not see that. I have
read a number of judgments and, yes, they are pushing us with
respect to providing certain benefits and to removing certain
discriminatory practices. However I am not aware of any court
that is saying that parliamentarians have to change the
definition of marriage, that we have to change the law so that a
man can marry a man and a woman can marry a woman. I do not see
that at all.
The Reform Party is out in front leading the charge: the roof
will fall in and we will face terrible changes. Nothing could be
further from the truth.
It reminds me of the Reform Party on the issue of a carbon tax.
What is the only party in the country that talks about a carbon
tax? As far as I know it is not the Liberal Party. I do not
know anybody in the Liberal Party who wants a carbon tax. I
cannot speak for the Conservatives, but I do not think they are
leading the way in calling for a carbon tax. I do not think the
New Democrats are and I do not think the Bloc is. Nobody except
the Reform Party talks about a carbon tax. The reason it talks
about it is that it is in its interest to spread fear. It is
called fearmongering. It is the same on this issue.
There have been decisions by judges, by courts, which in effect
have said that gays and lesbians are treated with less respect
than they deserve and that there are discriminatory laws, rules,
and regulations in the country which ought to be removed. Slowly
but surely that is where we as politicians and as institutions
across the country are going. Those discriminatory practices are
being stopped.
I am not aware of anyone saying that in the whole process we
have to change the definition of marriage. As far as I know, the
definition of marriage is a couple of opposite sex living
together, the union of a man and a woman, and that is the way it
will be. I do not know what it will be like 100 years from now
or 300 years from now. We will all be long gone. However, for
the time being I do not think there will be any change
whatsoever.
When I listen to Reform Party spokespeople, the one thing I
always listen for is whether they have respect for minorities,
particularly minorities like gays and lesbians who perhaps face
discrimination on a daily basis. We are really talking about
tolerance.
Most Canadians are heterosexual. I do not know what the number
is. Perhaps it is 98% or 99%. Most Canadians are married. They
form a huge majority. It does not take much strength or courage
to defend the majority, but it does take a bit more strength to
defend the minorities, especially those who may face
discrimination.
Members should go through Hansard tomorrow and look for
the tolerance that comes from the Reform Party and look for the
respect it would afford gays and lesbians. They will find very
little, if any, evidence of that, which says a lot about that
party.
1640
Canadians know that it is a party of intolerance, that it is a
party that does not care about certain people. A party like that
will never govern the country. Thank God for that.
Mr. Jason Kenney (Calgary Southeast, Ref.): Madam
Speaker, I am disappointed to hear the bitter, partisan diatribe
of the member from Winnipeg and to listen to his employing hot
bottom, divisive politics, extremist rhetorical tactics to create
partisan division on what should be an issue of some unanimity,
as he indicated at the outset of his remarks.
He suggested that one could read in the remarks made by members
of my party intolerant comments. I have not heard anything of
that nature. The motion today is very simple. I will read it
into the record. Perhaps the member has not read it:
That, in the opinion of this House, it is necessary, in light of
public debate around recent court decisions, to state that
marriage is and should remain the union of one man and one woman
to the exclusion of all others, and that Parliament will take all
necessary steps to preserve this definition of marriage in
Canada.
If the member opposite could identify what he finds offensive in
the motion, I would be edified.
He also suggests that there is unanimity on this definition,
that no one disagrees with it. He is also contradicting members
of his own party who have told us that this is a live issue. The
member from Mississauga who just spoke quoted Mr. Corbett from
the Coalition for Equal Families who said that it was premature
at this time to address this issue. The member from Mississauga
pointed out that its “prematurity” implies that it is an issue
the foundation will be pushing, the change of the definition of
marriage, at some point in the future.
The member from Winnipeg is contradicting the remarks of many of
his colleagues today who have said that this is very much an
important issue.
I would once more point to the policy adopted while I was there
as an observer at the last policy convention of the Liberal Party
of Canada, where the party strongly urged the federal government
to recognize same sex marriages in the same way that it
recognizes opposite marriages.
How can the hon. member from Winnipeg say that this is a red
herring and not a real issue and that the opposition is
fearmongering when in fact his own party has declared this as
party policy?
Mr. John Harvard: Madam Speaker, I am happy to respond to
those unfounded charges. There is nothing particularly wrong
with the motion as it reads. There is nothing particularly
offensive about it. It is about marriage. All of us in the
House support marriage. We support the current definition of
marriage. That is not a problem.
I referred to the Reform Party as an intolerant bunch and I will
not back off from that. It is not so much what its members have
said in today's debate. It is what they have left out. It is
what is absent. It is what they have not said.
Even though the motion speaks of marriage and the definition of
marriage, it is as much about gays and lesbians as anything. I
noticed in their speeches a lack of respect, common garden
variety respect, for a minority group, a group of people who
deserve our respect and our protection, people who deserve equal
treatment before the law.
If my friend from Calgary reads the resolution that was passed
by the Liberal Party of Canada, he will see that it is not
calling for a change in the definition of marriage. It is simply
talking about equal treatment when it comes to the provision of
benefits. The operative word is benefits.
The courts in many ways have already said that. The courts have
simply said that when it comes to benefits we will have to treat
them as well as we treat anyone else. That is all the resolution
is talking about. It is as simple as that.
Mr. Jason Kenney: Madam Speaker, we are finally getting
to the bottom of it with this hon. member. He says the courts
have already changed the definition. I will read from the
resolution:
Be it resolved that the Liberal Party of Canada strongly urge the
federal government to recognize same sex marriages in the same
way that it recognizes opposite marriages—
1645
How can the hon. member stand in his place and deny that this is
the policy of his party and it, therefore, is very much a live
matter for public policy debate and for us as parliamentarians?
Mr. John Harvard: Madam Speaker, it is pretty difficult
to carry on a debate with an hon. member who deliberately twists
facts. He has just said that the courts were demanding a change
in the definition of marriage. No such thing exists. It is the
same thing with the Liberal Party motion. It does not demand a
change in the definition of marriage.
Mr. Jim Pankiw (Saskatoon—Humboldt, Ref.): Madam Speaker, I
find it rather unfortunate that we would even have to debate the
motion that is before the House today, because it is a
straightforward and common sense motion. It is rather
bewildering that anyone would oppose it, yet that is the case.
I will begin by reading the motion we are debating in the House
today. The Reform Party motion put forward for debate today
reads as follows:
That, in the opinion of this House, it is necessary, in light of
public debate around recent court decisions, to state that
marriage is and should remain the union of one man and one woman
to the exclusion of all others, and that Parliament will take all
necessary steps to preserve this definition of marriage in
Canada.
The motion is very clear, unambiguous and straightforward, and
although one would tend to think that support for it would be a
given, and that it would be unanimous, that is not the case at
all. Before I explain why that is, I would like to commend the
Reform member for Calgary Centre who moved this motion.
As the House knows, the hon. member is our family values and
family issues critic. He has worked tirelessly on behalf, not
only of the Reform Party, but on behalf of all Canadian families
to defend the rights and traditional values of families.
For example, earlier this year a court decision in British
Columbia ruled that possession of child pornography was legal.
It was under the leadership of the hon. member for Calgary Centre
that the Reform Party led a motion in the House calling on the
government to invoke the notwithstanding clause and override that
decision to make it very clear that the Parliament of Canada does
not accept that child pornography is something that should be
legally possessed. Of course, that motion was defeated by the
Liberals, unfortunately.
Also earlier this year, when the issue of tax fairness for
families arose in the House, it was under the guidance of the
hon. member for Calgary Centre that the Reform Party led a
spirited debate urging the government to remove tax unfairness
against families with children. That also was unsuccessful.
I would like to commend not only the hon. member for Calgary
Centre but his staff for the excellent work they do on behalf of
the Reform Party in promoting our family values agenda and on
behalf of all Canadian families.
The reason we have to debate a motion which simply seeks to
reaffirm that marriage is the union of a man and a woman, is that
last summer there was a Liberal Party convention held in Ottawa.
A motion was put forward, debated, voted upon and passed which
read:
Be it resolved that the Liberal Party of Canada strongly urge the
federal government to recognize same sex marriages in the same
way that it recognizes opposite marriages—
The official policy of the Liberal Party of Canada is that same
sex marriages should be recognized in the exact same manner as
opposite sex marriages.
Let us now turn to the NDP. I am looking at 1997 campaign
literature with a big heading that states: “Equality for Gays,
Lesbians and Bisexuals: Alexa McDonough and Canada's NDP”. It
goes on to say that the member for Halifax and Canada's NDP will
represent the concerns of gays, lesbians and bisexuals
consistently. In fact, that is exactly what they are doing in
the House today.
They are siding with the Liberal government and promoting the
view that the definition of marriage and spouse should be
changed.
1650
Again I will read directly from the official Liberal Party
policy:
That is where the NDPs and the Liberals are coming from.
I would like to read directly from the policy book of the Reform
Party for the benefit of members of the House to know where the
Reform Party stands on these issues. The section on equality
states:
The Reform Party affirms the equality of every individual before
and under the law and the right to equal protection and benefit
of the law.
Under the heading of family it states:
The Reform Party believes a family should be defined as
individuals related by blood, marriage or adoption. Marriage is
the union of a man and a woman as recognized by the state and
this definition will be used in the provision of spousal benefits
for any program funded or administered by the federal government.
The Reform Party supports the principle that government programs,
policies and legislation should serve to strengthen and protect
the Canadian family.
The NDP and Liberal policies seek to change the definition of
marriage and spouse as opposed to the Reform Party position,
which is strongly opposed to that. I delineate the different
positions of the parties for the benefit not only of the members
of the House, but for all Canadians who may be watching the
deliberations today. I urge all Canadians to scrutinize not only
what their MPs say in the speeches as we debate this issue, but
in how they vote tonight.
I also urge Canadians from coast to coast to keep in mind at the
time of the next election, albeit that will probably be about two
years from now, that if they vote NDP or Liberal they will be
voting for the redefinition of the terms spouse and marriage.
They will be voting for the recognition of same sex marriages in
the same way that opposite marriages are recognized, as cited in
the Liberal policy which was approved at the convention last
summer.
Not only is it important to separate the Reform Party position
from those of the NDP and the Liberals for the benefit of
Canadians who wish to make up their minds on how they are going
to vote in the next election on this, but this debate is also
very important because of growing public concern over this issue.
Recent headlines in some national newspapers serve to illustrate
my point. A headline in the Ottawa Citizen read “Same-sex
partners declared spouses: Top court ruling expected to topple
hundreds of laws”. A headline in the London Free Press
was entitled “Redefining our Partnerships: This week's Supreme
Court of Canada landmark ruling could send aftershocks into
almost every sector of Canadian life”. A headline in the
Montreal Gazette read “Top Court Rewriting Laws of
Marriage”. A headline in the National Post read “Ruling
Alters Way Marriage Viewed: Family Law Expert—Implications seen
for adoptions, pensions, property rights”.
The source of public concern is not only recent newspaper
articles and coverage, but also