Standing Commitee on Citizenship And
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TSpace Research Repository tspace.library.utoronto.ca Standing Committee on Citizenship and Immigration Vice-Chair: Lysane Blanchette-Lamothe Version Final PDF / published version Citation Canada, Parliament, House of Commons, Standing Committee on (published version) Citizenship and Immigration, Proceedings of Evidence, 41st Parl, 2nd Sess, No 044 (23 Apr 2015) Visit the House of Commons webpage for the meeting minuets and evidence in full. Publisher’s Statement © House of Commons The Sophie Lucyk Virtual Library (SLVL) has graciously received permission to reproduce this work from the House of Commons. “This permission is non-exclusive, non-transferable, and limited to the extent that the Applicant's (SLVL) use and reproduction does not modify or present the Work, or specified portion thereof, in a way that would compromise its accuracy and integrity or undermine the dignity of the House of Commons. 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Standing Committee on Citizenship and Immigration CIMM Ï NUMBER 044 Ï 2nd SESSION Ï 41st PARLIAMENT EVIDENCE Thursday, April 23, 2015 Vice-Chair Lysane Blanchette-Lamothe 1 Standing Committee on Citizenship and Immigration Thursday, April 23, 2015 Ï (0850) the government's proposed tough legislation against polygamy, [Translation] forced marriages, and women abuse issues. The Vice-Chair (Ms. Lysane Blanchette-Lamothe): I want to welcome everyone to the 44th meeting of the Standing Committee Here are a few examples of such cases we heard. We have been on Citizenship and Immigration. notified of a few cases in which some people were allegedly involved in polygamy associated with fraudulent immigration, Today, we are continuing our study of Bill S-7. misuse of welfare money, and polygamy itself. Some cases have been reported to us in which some men are sponsoring women from Thank you very much to our two witnesses for joining us today. Pakistan, Somalia, and Egypt as their sisters, but marry them as a [English] second wife as soon as they arrive here. Of course, such marriages are not registered, but are facilitated by some Islamic clerics in From the Canadian Thinkers' Forum, we have Tahir Gora, director Canada. general. [Translation] For instance, Imam Aly Hindy of the Toronto Salaheddin Islamic Also appearing, as an individual, is Chantal Desloges, a lawyer at Centre still seems to believe in breaking Canadian law, and has Desloges Law Group. Thank you very much for being here today, officiated or blessed dozens of polygamous marriages for men he Ms. Desloges. knew were already married to more wives. Once reported in the media, Imam Hindy said, “If the laws of the country conflict with Each of you has eight minutes to make an opening statement, and Islamic law, if one goes against the other, then I am going to follow we will then move on to questions from members of the committee. Islamic law, simple as that.” However, modern interpretation of Mr. Gora, go ahead. Islam clearly indicates that the permission of polygamy in Islam was only valid in the context of the sixth century's tribal conflicts of [English] medieval societies. That permission is no longer valid in rethinking Mr. Tahir Gora (Director General, Canadian Thinkers' the process of today's Islam, but literalists such as Imam Hindy still Forum): Thank you very much. follow these traditions. Honourable Chairperson of the Standing Committee on Citizen- ship and Immigration, honourable members of Parliament, good We also know about some situations in which some men are morning. My name is Tahir Gora. I am the director general of having multiple wives but are not declaring them as wives, as they Canadian Thinkers' Forum, which is a not-for-profit organization can't. They are collecting welfare money and child benefit tax returns and a think tank that deals with study reports on complexities of through such practices. multiculturalism; growing Islamic radicalization in Canada; the new rise of anti-Semitism; and polygamy, forced marriages, and women Similarly, forced marriages cases are widespread. Hundreds of abuse issues in South Asian and Middle Eastern diaspora. cases of forced marriages are reported among Canadians every year in which parents or other close relatives take their children back Minister Chris Alexander’s proposed Bill S-7, the zero tolerance home and force them to marry there. Some of the forced marriages for barbaric cultural practices act, is very relevant to our studies in are happening right here in Canada. Apart from those reported forced regard to polygamy, forced marriages, and women abuse issues in marriages cases, there are hundreds of unreported forced marriages South Asian and Middle Eastern diaspora. incidents associated with Canadians. Unfortunately, such cases are Bill S-7, an act to amend the Immigration and Refugee Protection mainly associated with South Asian and Middle Eastern commu- Act, the Civil Marriage Act and the Criminal Code and to make nities. Those incidents of polygamy and forced marriages eventually consequential amendments to other acts, seems to address our result in domestic violence, and sometimes in honour killing. concerns in regard to issues of polygamy, forced marriages, and women abuse in Canadian South Asian and Middle Eastern Canada's Citizenship and Immigration Minister Chris Alexander communities particularly. Unfortunately, there is no valid authentic tabled this bill, called the zero tolerance for barbaric cultural data available regarding such issues. However, some of the incidents practices act, in Parliament last November. Critics criticized the in the greater Toronto area reported to our group suggest endorsing name of the bill, calling it a pretty loaded one. 2 CIMM-44 April 23, 2015 However, our group believes in calling a spade a spade. Violence Mr. Gora has submitted his brief to us, and it will be translated. against women is an absolutely barbaric act. It must be addressed The document will be distributed to the members of the committee strongly. Forced marriages, polygamy, and honour killings happen as soon as it is available in both official languages. every day around the globe under the guise of cultural practices. Should those cultural practices not be condemned? Calling a spade a spade should not be a political issue in a country like Canada where Before I give the floor to Ms. Desloges, I would like to welcome human rights guarantee equal rights to men and women. Kathryn Marshall. She is a lawyer and is appearing here today as an individual. Ï (0855) Polygamy is practised in Canada by some of the Muslim and Mormon community members. Cases of polygamy in the Mormon Thank you for joining us, Ms. Marshall. You will soon have an community are already under fire and scrutiny. Polygamy cases and opportunity to make your opening statement. issues in Canadian Muslim communities are widespread and mostly under the rug. [English] Minister Alexander's bill proposes the following: creating a new inadmissibility under IRPA that would render permanent residents Madam Desloges, you have eight minutes for your opening and temporary residents inadmissible if they practice polygamy in remarks. Canada; strengthening Canadian marriage laws by amending the Civil Marriage Act to codify the existing legal requirements at the national level for free and enlightened consent, and establishing a Ms. Chantal Desloges (Lawyer, Desloges Law Group, As an new national minimum age for marriage of 16; helping to protect Individual): Thank you very much. potential victims of early or forced marriages by creating a new specific court-ordered peace bond to be used where there are grounds to fear that a person would commit a forced or early I've been practising as a lawyer for over 15 years, specializing marriage offence, including the mandatory surrendering of a passport only in immigration and refugee law. I'm a regular media to prevent a child from being taken out of the country to facilitate a commentator on immigration issues. Therefore, because my forced marriage; criminalizing certain conduct related to early and expertise lies solely in the area of immigration law, I will confine forced marriage ceremonies in the Criminal Code, including the act my remarks strictly to the immigration provision of this particular of removing a child from Canada for the purpose of such marriages; bill. There are other witnesses who I know have a lot more expertise limiting the defence of provocation, so that it would not apply in so- than I do in forced marriage and honour-based violence. called honour killings and many spousal homicides; and including consequential amendments to the Prisons and Reformatories Act and the Youth Criminal Justice Act to include the aforementioned peace I believe the immigration provisions of Bill S-7 send a very strong bond. statement that polygamy is not and will not be tolerated in Canada. The negative effects of polygamy on women and children are very Our study findings are completely aligned with proposed Bill S-7. well documented in sociological studies. Whatever the practical There is dire need of a widespread community awareness campaign effects of this legislation may or may not be, the bill does at least by our government against those barbaric practices through send a concrete statement about Canadian values.