Proceedings of the Standing Senate Committee on
Human Rights
Issue 14 - Tenth Report of the Committee
Thursday, December 11, 2014
The Standing Senate Committee on Human Rights has the honour to present its
TENTH REPORT
Your committee, to which was referred Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts, has, in obedience to the order of reference of November 27, 2014, examined the said Bill and now reports the same without amendment but with certain observations, which are appended to this report.
Respectfully submitted,
MOBINA S. B. JAFFER
Chair
Observations with respect to Bill S-7
Your committee held hearings with respect to Bill S-7, which makes various changes to the law regarding polygamy, forced and underage marriage and the defence of provocation sometimes used in murder cases. We heard from many witnesses regarding the importance of prevention and support services in addressing such harmful practices, and family violence more generally. We share the view that these measures are necessary, in conjunction with legislative action, to address this problem in Canadian society.
Such activities can be divided into two broad categories:
Education and awareness
All people living in Canada, regardless of gender, would benefit from culturally appropriate public awareness campaigns adapted to their age group which explain Canadian values and laws with respect to gender equality, family violence and harmful practices.
Service providers such as police, teachers and social workers would benefit from additional culturally appropriate education and training concerning the different types of family violence and harmful practices that exist (e.g. forced and underage marriage, polygamy and murder) and how to respond effectively;
Supports and services
Adequate, and culturally appropriate, help, supports and programs are necessary to facilitate suitable responses from public authorities where family violence or harmful practices take place.
Given provincial jurisdiction over matters such as education, child protection, health and the administration of justice, coordination with the provinces is essential for programs to successfully address family violence and harmful practices. We encourage provincial authorities to consider alternative measures and consult with appropriate agencies before initiating criminal proceedings with respect to forced or underage marriage to minimize harm to affected children.
Your committee also heard testimony that provided useful prescriptions to deal with polygamy. Your committee deems these worthy of further consideration.
Such activities can be divided into four areas:
Identification: For persons from countries where polygamy is known to be an issue, additional information collection fields should be added to the computer system at the Department of Citizenship and Immigration to gather more information from applicants that would facilitate identification of polygamy cases. This could include uploading copies of important personal and family documents such as insurance policies, wills and property ownership documents in order to illuminate beneficiaries.
Consent: As part of the application process, individuals should provide consent to the Government of Canada to enable our officials to legally consult foreign information sources that would reveal the legal structure of family relationships.
Grandfathering: A grandfathering provision would provide a window of opportunity to persons who are legally in Canada to come forward, identify themselves and seek relief from the provisions of Bill S 7 — specifically, people from Saudi Arabia providing welcome public service as medical professionals in hospitals across this land. This would prevent them and their families from being penalized after-the-fact.
Sanction: There is no sanction for individuals who flout the law during their temporary stay in Canada, illicitly engage in polygamy and then leave. This needs to be changed. Thus, a monetary penalty can and should be imposed. Penalty collection can be conducted in the same way as corporate commercial collection transactions occur internationally; that is, on a contingency basis by private third party bill collectors in the country of origin. The key is to have the applicants agree to the penalty process and potential monetary sanction as a term and condition of their initial application to visit Canada.