PM Paul Martin: Step Forward Canada
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.
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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.
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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.
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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.
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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.
[Excerpts from Address by Prime Minister Paul Martin on Bill C-38 (The Civil Marriage Act), on February 16, 2005 in the Canadian House of Commons.]