Obiter Dicta Issue 1 - August 31, 2015 | Page 8

OPINION 8  Obiter Dicta Harper and His Many Omnibus Bills Tracking the various omnibus bills implemented by the Harper government. simmy sahdra › news editor O mnibus bills: one of Harper’s favourite tools; used akin to the invisibility cloak in Harry Potter, as most of the public has no idea what changes are being made to many laws which change our daily lives. Generally, omnibus bills cover a diverse range of topics, and it is a single document accepted in a single vote by the legislature. However, because of the diverse range of topics and the large size, typically omnibus bills limit openings for debate and scrutiny. For these reasons, omnibus bills create possibilities for laws to be created through an undemocratic method, and Parliament generally does not have the ability to have meaningful debates about the issues. Historically, although this method has been criticized as undemocratic, omnibus bills have been a useful tool to speed up the legislative process to implement social change. For example, in 1967 Pierre Trudeau introduced the Criminal Law Amendment Act, which decriminalized homosexuality, anal sex between adults, abortion, and contraception. However, the current political trend has been developed by the Harper government to utilize omnibus bills as a tool to bypass the democratic process to implement bills, which are counteractive to social change. Marginalized communities have been targeted to a large extent by omnibus bills implemented by the Harper government. Exploring the operation of Bill S-7, Bill C-43, and Bill C-24 demonstrates the negative effect omnibus bills have had on marginalized communities in Canada. Bill S-7 is also known as the “Zero Tolerance for Barbaric Cultural Practices Act,” which is generally intended to bar polygamous and forced marriages. The Bill amends immigration and criminal laws with the purpose of keeping polygamists out of Canada, and preventing women and girls from being married against their will. This is the perspective and justification being reproduced by the Conservative government to the public. This Bill has had a great effect on women and racialized communities, and was heavily criticized by social justice organizations such as the Schlifer Clinic and the South Asian Legal Clinic of Ontario (SALCO) as “another example of the government failing to listen to survivors, and targeting racialized communities for exclusion and deportation from Canada.” The Bill was also criticized as reproducing institutional barriers to marginalized communities reporting violence and having access to support. SALCO condemned the Bill as victims would be less likely to report forced marriages because of their internal struggle with placing their family at risk. Secondly, “due to increased stigma, perpetrators of forced marriage will be more skilled at hiding their attempts at forcing marriages, and the unfortunate result of creating these barriers is that victims will go deeper underground, instead of seeking support.” The criticisms formed by advocacy organizations ê Photo credit: yorktonthisweek.com such as the Schlifer Clinic and SALCO demonstrate the lack of cohesion and cooperation between the government and advocacy organizations in forming this Bill. As a result, the Bill was produced with very little understanding of what the people who are affected by the Bill truly need. Instead the Bill reproduces the stigma of gender violence being connected to the “other.” The Schlifer Clinic stated, “the Act betrays a flawed ideology that locates violence against women as a “cultural” issue which only occurs in some communities, and ignores statistics and women’s lived reality that shocking levels of violence against women occurs every day in Canada across cultures.” Moving on to Bill C-43, which deals with the prevention of access to social assistance for refugees, sections 172 and 173 allow provinces to deny social assistance to refugee claimants, and others who lack permanent residency st at u s. Certain groups would not need to meet the residency requirement to be eligible for social assistance. These include Canadian citizens, permanent residents, victims of human trafficking with a temporary resident permit, and refugees who have been recognized as such by the Immigration and Refugee Board (IRB). It is the categories of people who are not listed that would be the most adversely affected; namely, refugee claimants who have filed their claim at a port of entry or inland at a Citizenship and Immigration Canada (CIC) office. Many advocates have found that Bill C-43 demonstrates the “cruel and unusual treatment of refugees and migrants in Canada to have hit a new high “Marginalized communities have been targeted to a large extent by omnibus bills . . .” water mark under this Conservative government