Understanding the Federal Zero Tolerance for Barbaric Cultural Practices Act: A Deep Dive into its Legislation and Impact

The Zero Tolerance for Barbaric Cultural Practices Act is a piece of federal legislation that was passed by the Canadian Parliament under the Harper Government in 2015. The law was introduced to address controversies regarding cultural practices such as polygamy, forced marriage, early marriage, and honor killings. Coming under the purview of immigration laws, it aims to strengthen Canada’s stance against specific practices that are considered harmful, oppressive, and contrary to Canadian values.

1. Legislation:

The Zero Tolerance for Barbaric Cultural Practices Act fundamentally amends parts of the Immigration and Refugee Protection Act, the Civil Marriage Act, and the Criminal Code. The law targets four main areas:

a. Polygamy: The Act broadens prohibitions on practicing polygamy in Canada and stipulates that anyone practicing or assisting another person in practicing polygamy is liable for deportation.

b. Forced and Early Marriages: The Act raises the legal age for marriage to 16 and criminalizes forcing a person into marriage against their will. Furthermore, the law requires free and informed consent before marriage and introduces penalties for those who violate these provisions, including imprisonment.

c. Honor Based Violence: Although “honor killing” isn’t explicitly stated in the law, amendments in the criminal code indirectly cover these through sections on murder, manslaughter, and provocation.

d. Other Practices: The law also takes a hard stance against other practices such as female genital mutilation.

2. Impact:

The Zero Tolerance for Barbaric Cultural Practices Act has had a far-reaching impact since its enactment. It has strengthened Canada’s ability to address harmful practices that violate human rights within its borders. Enhancing criminal penalties for violators has deterred some from engaging in such practices.

However, it has also been subject to criticism. Critics argue that the law’s language stigmatizes immigrant communities and promotes xenophobia by labeling non-western cultural practices as “barbaric.” It has also been argued that such practices, already covered by existing Canadian laws (such as laws against assault, murder, etc.), did not require a separate act.

Moreover, some legal experts contend that the law fails to address the nuanced dynamics at play, such as socioeconomic factors that often underpin harmful cultural practices. Furthermore, they caution that fear of deportation might prevent victims from seeking help or reporting crimes.

In conclusion, the Zero Tolerance for Barbaric Cultural Practices Act represents a significant step towards combating harmful practices considered offensive to Canadian values. However, its effectiveness and potential for misuse remain topics of ongoing debate among legal scholars and human rights advocates.