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Advocay News - Harper 1st post-war PM to attack a minority

December 8, 2020

Harper 1st post-war PM to attack a minority
Liberal MP Bill Graham asks what message is sent?

The following is a speech Liberal MP (Toronto Centre) Bill Graham delivered in the House of Commons on December 6 (source Hansard) in response to the Harper Conservative motion. Mr Graham called for an end of attacks against equal marriage for same-sex couples. Absent from the debate he sponsored, Mr. Harper agreed that the issue was off his future agenda, following the vote showing Parliament was against the motion:

Willing to take 1st step

The bottom line in the latest instalment of this debate was not whether the federal government could end same-sex marriage without having to shelter a ban on them from the Charter. Nor was it whether the notwithstanding clause was a legitimate recourse for governments to use to have the last word on court decisions.

With same-sex marriage on the books since 2005, the debate had moved on to a more fundamental terrain: This week, Harper became the first post-war Prime Minister to ask the Commons to consider taking away the rights of a Canadian minority.

That he failed to garner sufficient support to press on with the plan does not mitigate the fact that he was willing to ask.

Extract from "Minority rights ugly subtext in same-sex debate", by Chantal Hébert, columnist
The Toronto Star, Dec. 8, 2006

This is an underhanded political manoeuvre. Is the House leader proud of the headline of the Globe and Mail editorial this morning? "Prime Minister's shoddy motion" is what the Globe and Mail editorial called what we are being asked to debate today in this House.

The government does not even want a real debate. It is not giving enough time. It has introduced the idea of civil unions, which as it knows is exclusively a provincial matter. It is a smokescreen. It says it is not trying to re-establish the very inequality that was struck down by our courts … this is purely a procedural motion. It is a debate about whether ultimately we should have a debate. If the government wanted to take this matter seriously, it would have introduced legislation, but it knows the composition of this House and it knows such legislation would never be passed by this House.

Instead, it resorted to a manoeuvre that takes us nowhere. It is not designed to take us anywhere. It is designed to divide the House, to divide the members of the House, and divide the Canadian population on an issue that has been settled. It is designed to divide our nation on an issue that a majority of Canadians wish to move on from.

Everyone in the House knows that the courts have upheld this across the country, including the Supreme Court of Canada, eight provinces and territories. I will not name them, but I respectfully disagree with the hon. House leader. It is not true that the Supreme Court of Canada did not rule on this matter. The Supreme Court of Canada specifically said in its judgment that it would not, in any way, pronounce on the matter in a way that would overrule the findings of the lower courts, and those findings were conclusively in favour of overturning the prohibition against same sex marriage, as everybody knows.

I praise the government for saying it will not use the notwithstanding clause. I say to the hon. House leader that I hope that is an undertaking that the government is making, whether it is in opposition or in the future at any time, that it would never introduce such a bill by using this notwithstanding clause. However, without the notwithstanding clause, as everyone has pointed out, this same sex debate we are having today is, in the words of the columnists and the editorial writers such as Jeffrey Simpson of The Globe and Mail, "a meaningless charade".

How we got here

On June 22, 2006, Prime Minister Stephen Harper offered a full apology to Chinese Canadians for the Head Tax and expressed his deepest sorrow for the subsequent exclusion of Chinese immigrants from 1923 until 1947. Will he apologize to same-sex couples?

However, that said, let us take up the challenge. Let us remind ourselves of why we voted as we did the last time. Let us remind ourselves of our charter. Let us remind ourselves of the debates that we had in this House when we first introduced changes to the Criminal Code to protect gay and lesbian couples from being attacked on our streets, when we introduced the human rights code changes which ensured there would not be discrimination, and when we went on to ensure that people could get their pension rights and be treated equally if they had the same status as heterosexual couples that had civil unions.

What we saw throughout the country and through this House was a movement. We saw an evolving sense of our human rights and it came from our constituents as well, not just gay and lesbian constituents but from straight constituents, from all races and all religions. They came to us and came to a conclusion that society was enriched ultimately by treating all citizens equally.

… I would like to suggest that the Prime Minister and his hon. members, who do not seem to understand the realities of the modern world in which we live, should go and take part in the gay pride parade in my city of Toronto, or elsewhere in the country. To their great surprise, they would find grandmothers and children of all ethnic groups and representatives of multicultural organizations from all over participating enthusiastically. Why do they do this? They are taking part in something that celebrates our humanity, tolerance, respect for other people and ability to understand one another.

Some members of this House think that same sex marriage spells the end of society as we know it, that it shakes society to its core. I say to these hon. members that they should ask the Canadians who take their children to gay pride parades and deliberately put them in contact with this modern reality what they think of this celebration of our common humanity.

Lions and tigers and bears, oh my!

I have been a parliamentarian for many years and have followed all the debates about recognizing the rights of gays and lesbians, including amendments to the Criminal Code, to the Canadian Human Rights Act, and to Bill C-23, which gave equal rights to common-law spouses and entitled them to pensions. Some participants in these debates painted the most apocalyptic scenarios for our society, our children and the institution of marriage.

Far removed from all dogma, I believe personally that we should follow this debate with humanity and compassion, animated by a spirit of openness, inclusion and respect and with tremendous confidence in humanity's ability to make changes to society out of deep respect for our differences. We should ponder the lessons of history. The same fears, the same dire scenarios were conjured up when interracial marriages were allowed in the United States or the Divorce Act was passed in Canada not so very long ago. We all remember that.

Our country's history clearly shows that in the face of profound sociological change, Parliament has often crystallized the irreversible changes already seen in society, but has never jumped the gun. Parliament has always been able to adapt to deep-seated new movements in our society.

I will therefore in all humility as a parliamentarian and legislator be guided by the wisdom, tolerance and confidence expressed by our forefathers and foremothers who said yes to social progress and no to all the apocalyptic scenarios conjured up. I can only humble encourage all my parliamentary colleagues to do the same and recognize not only this reality but also the fact that Canadians accept it.

Times have changed and we must move on. The House has moved on and the country has moved on. Under the present law, religious institutions are protected while all others are included.

Canada is an example for the world

We join countries like the Netherlands, Spain, South Africa and others. Let us think of South Africa and imagine the example this would send to a country like South Africa if we were to reverse ourselves on the fundamental principle of human rights. Why would this country, a beacon to others around the world on human rights, reverse itself and go backward in time? What kind of an example would that be to South Africa and dozens of other countries that are looking to us as an example?

Let us solemnly undertake in the House today that we have debated this issue and that we will move on. I respectfully ask the Prime Minister, his party and his colleagues in his caucus to promise this House and this country that this will be the last time, that this is not just a strategy for another election issue, that they will not inflict this agony on gay and lesbian Canadians, and that they will tell them that this will end and that our social cohesion will no longer be roiled by threats to the droits acquis once and for all.

… We should ask ourselves whether after tomorrow's vote the gay and lesbian communities will be able to say the same? Will they say that their personal identity and their national identity are compatible and even complementary? Will they be proud to be both and proud to play a role in our society? If they feel anything less than that and less than their fellow citizens, I believe we will have failed our constituents, our country and future generations of Canadians who are asking us to continue to create this country as a place where we live with one another in respect and tolerance and show a light to the rest of the world which will enable them and us to move on to other issues of importance and move away from the traditional, I say hatreds, the traditional fears of the past. Let us move on from the past and let us move to the future in a way that is Canadian and in a way that is respectful to our charter and of our fellow citizens.

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