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We will be influenced by our faith but we also have an obligation to take the widest perspective – to recognize that one of the great strengths of Canada is its respect for the rights of each and every individual, to understand that we must not shrink from the need to reaffirm the rights and responsibilities of Canadians in an evolving society.
The second argument ventured by opponents of the bill is that government ought to hold a national referendum on this issue. I reject this - not out of a disregard for the view of the people, but because it offends the very purpose of the Charter.
The Charter was enshrined to ensure that the rights of minorities are not subjected, are never subjected, to the will of the majority. The rights of Canadians who belong to a minority group must always be protected by virtue of their status as citizens, regardless of their numbers. These rights must never be left vulnerable to the impulses of the majority.
We embrace freedom and equality in theory, Mr. Speaker. We must also embrace them in fact.
Third, some have counseled the government to extend to gays and lesbians the right to “civil union.” This would give same-sex couples many of the rights of a wedded couple, but their relationships would not legally be considered marriage. In other words, they would be equal, but not quite as equal as the rest of Canadians.
Mr. Speaker, the courts have clearly and consistently ruled that this option would offend the equality provisions of the Charter. For instance, the British Columbia Court of Appeal stated that, and I quote: “Marriage is the only road to true equality for same-sex couples. Any other form of recognition of same-sex relationships …falls short of true equality.”
Put simply, we must always remember that “separate but equal” is not equal. What’s more, those who call for the establishment of civil unions fail to understand that the Government of Canada does not have the constitutional jurisdiction to do so. Only the provinces have that. Only the provinces could define such a regime - and they could define it in 10 different ways, and some jurisdictions might not bother to define it at all. There would be uncertainty. There would be confusion. There would certainly not be equality.
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Let us never forget that one of the reasons that Canada is such a vibrant nation, so diverse, so rich in the many cultures and races of the world, is that immigrants who come here - as was the case with the ancestors of many of us in this chamber - feel free and are free to practice their religion, follow their faith, live as they want to live. No homogenous system of beliefs is imposed on them.
When we as a nation protect minority rights, we are protecting our multicultural nature. We are reinforcing the Canada we value. We are saying, proudly and unflinchingly, that defending rights - not just those that happen to apply to us, not just that everyone approves of, but all fundamental rights - is at the very soul of what it means to be a Canadian.
This is a vital aspect of the values we hold dear and strive to pass on to others in the world who are embattled, who endure tyranny, whose freedoms are curtailed, whose rights are violated.
Why is the Charter so important, Mr. Speaker? We have only to look at our own history. Unfortunately, Canada’s story is one in which not everyone’s rights were protected under the law. We have not been free from discrimination, bias, unfairness. There have been blatant inequalities.
Remember that it was once thought perfectly acceptable to deny women “personhood” and the right to vote. There was a time, not that long ago, that if you wore a turban, you couldn’t serve in the RCMP. The examples are many, but what’s important now is that they are part of our past, not our present.
Over time, perspectives changed. We evolved, we grew, and our laws evolved and grew with us. That is as it should be. Our laws must reflect equality not as we understood it a century or even a decade ago, but as we understand it today.
For gays and lesbians, evolving social attitudes have, over the years, prompted a number of important changes in the law. Recall that, until the late 1960s, the state believed it had the right to peek into our bedrooms. Until 1977, homosexuality was still sufficient grounds for deportation. Until 1992, gay people were prohibited from serving in the military. In many parts of the country, gays and lesbians could not designate their partners as beneficiaries under employee medical and dental benefits, insurance policies or private pensions. Until very recently, people were being fired merely for being gay.
Today, we rightly see discrimination based on sexual orientation as arbitrary, inappropriate and unfair. Looking back, we can hardly believe that such rights were ever a matter for debate. It is my hope that we will ultimately see the current debate in a similar light; realizing that nothing has been lost or sacrificed by the majority in extending full rights to the minority.
Without our relentless, inviolable commitment to equality and minority rights, Canada would not be at the forefront in accepting newcomers from all over the world, in making a virtue of our multicultural nature - the complexity of ethnicities and beliefs that make up Canada, that make us proud that we are where our world is going, not where it’s been.
Four years ago, I stood in this House and voted to support the traditional definition of marriage. Many of us did. My misgivings about extending the right of civil marriage to same-sex couples were a function of my faith, my perspective on the world around us.
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To those who would oppose this bill, I urge you to consider that the core of the issue before us today is whether the rights of all Canadians are to be respected. I believe they must be. Justice demands it. Fairness demands it. The Canada we love demands it.
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There are few nations whose citizens cannot look to Canada and see their own reflection. For generations, men and women and families from the four corners of the globe have made the decision to chose Canada to be their home. Many have come here seeking freedom – of thought, religion and belief. Seeking the freedom simply to be.
The people of Canada have worked hard to build a country that opens its doors to include all, regardless of their differences; a country that respects all, regardless of their differences; a country that demands equality for all, regardless of their differences.
If we do not step forward, then we step back. If we do not protect a right, then we deny it. Mr. Speaker, together as a nation, together as Canadians: Let us step forward.
