Hon. Andrew Cardozo: Honourable senators, I want to speak to one point raised by our colleagues Senator Batters, Senator Martin, Senator Dasko and Senator Ataullahjan, and that is the matter of the removal of the good faith protection.

I ask the committee to consider this seriously and with an open mind. It was not there to begin with. It was added during the procedure in the House of Commons, and it may have been for procedural reasons or to garner enough votes for it to pass, but my concern is this: When we’re discussing legislation dealing with and combatting hate, it is important, apart from getting it in the law and having enough votes to pass it, that we get a broad consensus in society that this is an important issue. I’m talking about going beyond just the letter of the law and promoting broad consensus and understanding.

I learned this concept from former justice Rosalie Abella many years ago, when she headed the Royal Commission on Equality in Employment. She said that passing employment equity was not just about the law and the policy that it was creating — sorry, I want to ensure that I am looking at my colleague who is the sponsor of the bill. We have had some of this discussion, and you may ask why I don’t just talk to him —

Senator K. Wells: We are.

Senator Cardozo: What former Justice Abella said — and I’m paraphrasing here — is that when Parliament sets a law, it describes a societal value. In that case, we were talking about having equity in employment.

The same applies here. I am disturbed by the number of people of faith who are feeling, rightly or wrongly, that this bill is going to hinder their ability to be people of faith. It is not enough for me to have a debate with them and tell them they don’t understand it and it is actually okay. It is not enough, in my view, to include, as the House did, clarifications at the end of the bill, in subclauses 11.1(1) and 11.1(2). If you are inserting clarifications to say something is not a problem, then why include it in the first place? That’s my thought.

I leave it with the committee and ask you to please consider this point seriously and with an open mind. Think about how we not only legislate in this area but also build consensus broadly in society to the extent that the law would not be necessary in a world where enough people believed that hate was wrong.

If a lot of people don’t like this bill that is combatting hate, we’re not winning in terms of combatting hate. That’s the point I want to leave the committee with. Thank you.

Some Hon. Senators: Hear, hear.