Thursday, February 17, 2005

Another Reason to Move To Canada...

It seems at least the Canadians know the meaning of "freedom and justice FOR ALL".

ADDRESS BY PRIME MINISTER PAUL MARTIN ON BILL C-38
(THE CIVIL MARRIAGE ACT) FEBRUARY 16, 2005
HOUSE OF COMMONS

I rise today in support of Bill C-38, the Civil Marriage Act. I rise in support of a Canada in which liberties are safeguarded, rights are protected and the people of this land are treated as equals under the law.

This is an important day. The attention of our nation is focused on this chamber, in which John Diefenbaker introduced the Bill of Rights, in which Pierre Trudeau fought to establish the Charter of Rights and Freedoms. Our deliberations will be not merely about a piece of legislation or sections of legal text - more deeply, they will be about the kind of nation we are today, and the nation we want to be.

This bill protects minority rights. This bill affirms the Charter guarantee of religious freedom. It is that straightforward, Mr. Speaker, and it is that important.

And that is why I stand today before members here and before the people of this country to say: I believe in, and I will fight for, the Charter of Rights. I believe in, and I will fight for, a Canada that respects the foresight and vision of those who created and entrenched the Charter. I believe in, and I will fight for, a future in which generations of Canadians to come, Canadians born here and abroad, will have the opportunity to value the Charter as we do today - as an essential pillar of our democratic freedoms.

There have been a number of arguments put forward by those who do not support this bill. It's important and respectful to examine them and to assess them. First, some have claimed that, once this bill becomes law, religious freedoms will be less than fully protected. This is demonstrably untrue. As it pertains to marriage, the government's legislation affirms the Charter guarantee: that religious officials are free to perform such ceremonies in accordance with the beliefs of their faith.

In this, we are guided by the ruling of the Supreme Court of Canada, which makes clear that in no church, no synagogue, no mosque, no temple - in no religious house will those who disagree with same-sex unions be compelled to perform them. Period. That is why this legislation is about civil marriage, not religious marriage.

Moreover -- and this is crucially important - the Supreme Court has declared unanimously, and I quote: "The guarantee of religious freedom in section 2(a) of the Charter is broad enough to protect religious officials from being compelled by the state to perform civil or religious same-sex marriages that are contrary to their religious beliefs."

The facts are plain: Religious leaders who preside over marriage ceremonies must and will be guided by what they believe. If they do not wish to celebrate marriages for same-sex couples, that is their right. The Supreme Court says so. And the Charter says so.

One final observation on this aspect of the issue: Religious leaders have strong views both for and against this legislation. They should express them. Certainly, many of us in this House, myself included, have a strong faith, and we value that faith and its influence on the decisions we make. But all of us have been elected to serve here as Parliamentarians. And as public legislators, we are responsible for serving all Canadians and protecting the rights of all
Canadians.


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.

It's simply brilliant! And that's only 1/2 of it...to read the full speech (and I highly recommend it!) go to:

COMPLETE TEXT OF ADDRESS ON CIVIL MARRIAGE ACT

If only our leaders in this country could have as much conviction, strength of character and integrity to uphold out Constitution, the way Prime Minister Martin is willing to uphold the Canadian Charter.

Hopefully the Monkey will read (read? does he EVEN read anything? He's already admitted he doesn't read the paper...), this speech and learn something...anything...please!

Fat chance.

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