PUBLICATION:        The Calgary Sun 

DATE:                         2003.07.20

EDITION:                    Final 

SECTION:                  Editorial/Opinion 

PAGE:  C                    8 

BYLINE:                     STEPHEN HARPER 

COLUMN:                  Guest Column 

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LIBERALS BROKE THEIR VOWS: THEY PROMISED ELECTED REPRESENTATIVES WOULD DECIDE DEFINITION OF MARRIAGE

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There are, in politics, certain issues we call "moral issues."  I've always said that on these issues, political parties must be able to tolerate differences of views among their members.  As a consequence, I have made it clear that, as leader, any member of my caucus would vote freely on such an issue, and would never be compelled by the party to vote against his or her conscience.

I view the definition of marriage as such an issue. In saying this, however, I am saying much more.  When I say this issue is about moral views, I mean it is about social values and not, as some say, a matter of human rights or equality. Since 1998, all couples have enjoyed "spousal rights" under family law in this country.  Recent court cases in Ontario, B.C. and Quebec have asked for something quite different -- the redefinition of marriage itself.

Let me be clear on this matter. The Canadian Alliance is a conservative party, and as a conservative party we stand for traditional institutions like marriage.

Second, when I say that this is a matter for a free vote, I also mean that defining marriage is an issue for Parliament.  Decisions about marriage should be made by the Parliament you elect, not by judges the prime minister appoints.  That is the Canadian Alliance position. And, until just a few weeks ago, it was also the official position of the Liberal party.

In 1999, Parliament voted on this. And Liberal after Liberal, from Paul Martin and Jean Chretien, on down to Anne McLellan and Martin Cauchon voted to reaffirm the traditional definition of marriage, and to promise that your elected representatives -- not appointed judges -- would decide the issue.  In the last election, Liberals from coast to coast repeated that in a solemn promise to Canadians.

Even earlier this year, the Liberals were still pretending they'd keep that promise. They asked the Commons Justice Committee to investigate the marriage issue.  Our MPs on that committee, Vic Toews and Chuck Cadman, spent weeks travelling the country from coast to coast, hearing Canadians from all walks of life. 

The committee was only days from issuing its report, when the Liberals decided to break their promise.  Now we know what a solemn promise means to the Liberals. We know what a commitment in the House of Commons means to Martin, to Anne McLellan, to the whole Liberal team.

When the Ontario Court of Appeal decided to challenge Parliament by arbitrarily redefining marriage, the Liberals' true agenda came out.  The government refused to appeal the Ontario ruling, deliberately undermining Parliament's clear position.  And, one by one, Martin and the others are abandoning the public vote they cast in 1998 in favour of marriage and in favour of Parliament's democratic authority.

Now, the Liberal party position is that Parliament is only entitled to vote on the definition of marriage after new legislation has been pre-approved by the nine judges of the Supreme Court.  Once those judges, most of them appointed by Jean Chretien, have ruled on the issue, the Liberals will demand that a democratically elected Parliament simply rubber-stamp the bill.

If Martin is looking for a democratic deficit in Canada, here it is. The Liberals are hitting a new low in the decline of Parliament's role in our political system.

What will Mr. "Democratic Deficit" do? Will he show leadership on this issue? Will he call for a renewed parliamentary debate on this issue? Or will he stand silent as his own government and the Supreme Court conspire to strip Parliament of yet more influence?

For over a generation, we have witnessed government after government sap Parliament of its powers. Liberals and Tories alike have centralized power in Cabinet and the Prime Minister's Office.  They have created powerful bureaucratic agencies like the CRTC, human rights commissions and gun registry. They have then tried to avoid answering to elected representatives for the decisions and spending of these bodies.

For these reasons, I am so alarmed at the idea of having the Supreme Court pre-approve the marriage bill before Parliament has an opportunity to debate it. This is a dangerous new precedent for the way in which this country will be run in the future.

Unless we stop this now, every time a controversial bill comes before Parliament in the future, the Liberals will demand the government of the day first obtain approval from the Supreme Court. They will not even wait for litigation. The government's actions will draw the Supreme Court even further into politics, and take even more power from Parliament.

Martin, if he were truly worried about Canada's "democratic deficit", would stop this notion in its tracks, and do so now.

The government's approach to this matter is dangerous because it jeopardizes not only democratic decision-making, but threatens it in a way that endangers the very rights and freedoms that Parliament explicitly protected when it passed the Charter of Rights.  I am talking specifically about freedom of religion and the right of religious institutions -- all religious institutions regardless of faith or denomination -- to conduct their own affairs.

By allowing the courts to change the definition of marriage outside of any legislative framework, the Liberals have allowed a handful of tenured judges to create a situation where churches, synagogues, mosques and temples can be compelled to perform marriages that violate their own moral codes.

By re-defining marriage and leaving it to provinces to implement, they have left it to provincial human rights commissions to determine whether they must perform the same ceremonies as secular marriage authorities.

Given the ideological record of these commissions -- given that, like the courts, they have usually ruled against freedom of religion on such matters -- there is every reason to believe that they will simply impose their own views on religious institutions.  If they do so, what would Martin do? Will he promise us he'll never allow the courts or rights commissions to impose a new definition of marriage on the churches?  And what value is such a promise when he said he would never let them impose a definition on Parliament when he has just broken that promise?

The Canadian Alliance will not wait for cases to come before these commissions to see what happens to freedom of religion.  Neither will we wait for the Liberal government to allow the Supreme Court to draft its new legislation on this matter.

I will see to it the Canadian Alliance forces a vote on this in the Commons at the first opportunity. I will personally reintroduce the motion on which Parliament democratically voted in 1999.  We will hold Martin and the rest of the Liberal government to the votes they cast just four years ago.

Since I was not a member of Parliament myself four years ago, let me be clear where I will stand.  In my lifetime, Canadian law has moved towards a position where we do not legislate the sexual activity of consenting adults and we have come to recognize in wide areas of law relationships outside of marriage. These are developments that I support.  At the same time, I believe the unique character and institution of marriage should be just as strongly respected and legally recognized.

I will vote to retain the traditional definition of marriage -- because it is our party policy and because I believe it is the right thing to do.