VOTE ON HARPER “HOIST” SET FOR TUESDAY, APRIL 12

On February 16, 2005, Prime Minister Paul Martin kicked off the second reading debate on the government’s equal marriage bill, Bill C-38, by moving that the Bill be read a second time and then referred to a legislative committee.

Stephen Harper spoke next, and moved an amendment to the Prime Minister’s motion, an amendment which calls for the House to decline to read the Bill a second time. This procedural delay tactic is known as a “Hoist”.

The debate continued until April 6, 2005 when, after 98 MPs had spoken, there was not an MP left who wished to speak. The debate was then officially over, and the way clear for a vote on April 12.

It had originally been accepted by the Conservatives that after a vote on the “Harper Hoist”, if it were defeated, there would immediately follow a vote on second reading, as is the usual procedure.

However, that was not to be. On March 22, after 47 MPs had spoken, the Conservative House Leader advised the other House Leaders that the Conservatives were insisting on an additional debate after the vote on the Hoist. Technically speaking, they argued, the debate was actually on the Harper Hoist, and not on the Bill itself. This does not accord with the facts, given that Conservative MP after Conservative MP had spoken about the Bill itself, and not about Mr. Harper’s amendment.

And so, this Tuesday, April 12, at approximately 5:30 p.m. Ottawa time, the House of Commons will vote on the Harper Hoist and not on second reading of the Bill. If the Hoist passes, the Bill is dead. If the Hoist is defeated, more debate will follow before the vote on second reading, which is expected on April 19.

It should be noted that the Harper Hoist explicitly states that the reason the Bill should not pass second reading is because it “fails to define marriage as one man and one woman”. The Hoist fails to note, however, that the only way for Parliament to restrict civil marriage to heterosexual couples is to use the notwithstanding clause to take away Charter protection from gay and lesbian couples.

SIMPLY PUT, A VOTE FOR THE HARPER HOIST IS A VOTE FOR THE NOTWITHSTANDING CLAUSE.

Parliament has never before used the notwithstanding clause. Doing so would threaten everyone's Charter rights, not only the right to equality, but the right to free speech and freedom of religion as well. All of these rights can be taken away using the notwithstanding clause.

Canadians for Equal Marriage urges all MPs to vote AGAINST the Harper Hoist.


WORDING OF THE HARPER HOIST:
(excerpt from the Journal of the House of Commons, February 16, 2005)

GOVERNMENT ORDERS

The House resumed consideration of the motion of Mr. Cotler (Minister of Justice), seconded by Ms. McLellan (Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness), — That Bill C-38, An Act respecting certain aspects of legal capacity for marriage for civil purposes, be now read a second time and referred to a legislative committee;

And of the amendment of Mr. Harper (Calgary Southwest), seconded by Mr. Toews (Provencher), — That the motion be amended by deleting all the words after the word “That” and substituting the following:

“this House declines to give second reading to Bill C-38, An Act respecting certain aspects of legal capacity for marriage for civil purposes, since the principle of the Bill fails to define marriage as the union of one man and one woman to the exclusion of all others and fails to recognize and extend to other civil unions established under the laws of a province the same rights, benefits and obligations as married persons.”.

The debate continued.