Mr. Speaker, in August 2013 the South Asian Legal Clinic of Ontario released a report on forced marriages. It reported that 219 cases of forced marriage happened between 2010 and 2012 in the province of Ontario alone. All of these individuals experienced a form of violence. Most were young and from a variety of cultures and religions. Furthermore, the majority of victims were unaware of their rights in a situation of forced marriage. These victims were often forced into marriage by a family member, in most cases by their own parents.
I am the father of a 14-year-old daughter, whom you know, and these statistics explain why I speak today in favour of the zero tolerance for barbaric cultural practices act. This bill is consistent with a variety of actions by our Conservative government to help the victims of these horrible situations.
This bill would amend the Immigration and Refugee Protection Act, the Criminal Code, and the Civil Marriage Act to provide additional protections for Canadians against certain practices involving violence against women and girls. I will be supporting this bill and I would urge my colleagues to do so. This government is taking steps to strengthen our laws to help ensure that no young girl or woman in Canada becomes a victim of early or forced marriage.
In addition to a having a career in international law, I am a dedicated advocate for human rights and have spoken in this House, in my riding of West Vancouver—Sunshine Coast—Sea to Sky Country, and abroad to urge action against oppression. I have also had the privilege of serving communities across Canada through my former role as chair of Food for the Hungry International Federation. I also joined with others to create the Canadian Constitution Foundation, which to this day advocates for the constitutional rights of Canadians. In my role as MP, I have defended the rights of Canadians incarcerated overseas. This past October, I stood with the member for Mount Royal publicly to call on the Iranian government to spare the lives of three Iranian prisoners on death row. I have also travelled to Pakistan and Iraq with One Free World International on human rights missions.
Whether as lawyers, MPs, or fellow human beings, we who have a voice and a platform have a responsibility to speak on behalf of those who cannot do so themselves. We must stand up for the victims of barbaric practices such as the ones targeted by this bill. My constituents stand for human rights, and I stand together with them.
Today I address a key misconception that has arisen during debate on the zero tolerance for barbaric cultural practices act. Critics of this bill say Canada does not need a new law imposing a minimum age for marriage. However, the bill would raise the lowest age at which anyone can marry in Canada to age 16, with no exceptions. Currently, federal law sets age 16 as the lowest age for marriage, but only in the province of Quebec. As difficult as this may be to believe, elsewhere in Canada there is no federal legislation, and the old pre-Confederation common law applies. This means that girls can marry at age 12 and boys at age 14. Raising the lowest age that anyone can marry to age 16 for all those who live in Canada would create a long-overdue new national standard that would increase protections for children, as no marriages could occur below that age.
During the debate, some asked why the Government of Canada is proposing to lower the minimum age of marriage to 16. They believe that provincial law already sets a minimum age higher than 16, such as 18 or 19.
This is a serious misunderstanding of the law, understandably caused by confusion, because constitutional jurisdiction over marriage is shared in Canada. Both the federal and the provincial legislatures have jurisdiction over complementary but different aspects of marriage.
Under the Constitution, only the federal Parliament can set the lowest age for anyone to marry across the country. The provincial legislatures can determine the age at which a child becomes an adult, and adults can consent to marriage for themselves with no additional requirements. The age of adulthood, or majority, is currently set at either age 18 or 19, depending on the province. For young people between the lowest age for marriage and the age of majority, provincial law requires the consent of the child's parents to any marriage. In the case of younger children who are closer to the lowest age for marriage, the provincial law may also require the approval of a court or restrict such marriages to situations in which the young couple is expecting a child.
As we can see, provincial and federal laws work together, with federal law setting the lowest age for anyone to marry and provincial laws adding requirements for marriages above that age until the child becomes an adult and can consent for himself or herself.
Because the constitutional powers are complementary, it is not possible for provincial laws to set the lowest age for anyone to marry. The bill would raise the current lowest age for anyone to marry up to age 16 for all those living in Canada. Provinces and territories would continue setting additional requirements for mature young people who wish to marry between that federal minimum age of 16 and the age of majority as established by the province or territory of residence.
Under private international law rules, the lowest age for anyone living in Canada to marry would apply wherever in the world that marriage is conducted and registered. In other words, the bill would also extend protections to Canadian children under the age of 16 who are taken out of the country to marry or who are married through telephone or proxy marriages overseas while they remain physically present in Canada.
The provisions of the bill would protect children and should be fully supported by the House.
We must not forget the powerful, positive, egalitarian aspects that accompany our citizens' general respect for various cultures. Canada is focused on accepting and accommodating people from all different backgrounds, religions, races, and ethnicities. Canadian multiculturalism is fundamental to the belief that all citizens are equal. It ensures that all citizens can keep their identities, take pride in their ancestry, and have a sense of belonging. I continue to believe that acceptance gives Canadians a feeling of security and self-confidence, making them more open to, and accepting of, diverse cultures.
The Canadian experience has shown that multiculturalism encourages cross-cultural understanding. However, this acceptance and understanding does not extend to harmful cultural practices that victimize people. Our Conservative government is taking a strong stance against the harmful practices of early and forced marriage. We are leading international efforts to address these practices as a violation of fundamental human rights.
I hope all my colleagues will support this important piece of legislation.