Old issues continue to haunt Harper

ALLISON DUNFIELD

Globe and Mail Update

June 3, 2004 at 6:01 PM EST

Stephen Harper continued to be haunted by his position on controversial issues, including gay marriage and abortion Thursday, saying he would allow free votes on either issue in Parliament and wouldn't rule out using the notwithstanding clause to prohibit gay marriage.

The Tory Leader was trying to stick to the party's key platform messages as he campaigned in southern Ontario, where the Conservatives hope to grab key seats from the Liberals.

Instead, he was heckled throughout the day by gay rights activists in Hamilton and Guelph, who demanded an answer on whether Mr. Harper would use the notwithstanding clause to block homosexual unions.

In Guelph, where Mr. Harper was unveiling part of his party's financial platform Thursday aimed at the overtaxed middle class — included phasing out the middle tax bracket and a $2,000 per child tax deduction —things got ugly.

Bob Smyth of the group Canadians for Equal Marriage, right, is punched Thursday by a Conservative party supporter during a rally for Stephen Harper in Guelph, Ont. (Jonathan Hayward/CP)

Protesters wanted to ask Mr. Harper to clarify himself on whether a Conservative government would use the notwithstanding clause if the Supreme Court were to rule in favour of same-sex marriage. That clause allows Parliament to exempt any of its laws from the Charter of Rights on fundamental freedoms, legal rights and equality rights.

According to a statement from the protest group, Canadians For Equal Marriage, Mr. Harper had refused to give them a clear answer when asked earlier in Hamilton, so they brought up the issue again in Guelph.

"Mr. Harper seems determined to avoid answering the straightforward question of whether he would use the notwithstanding clause to take away the Charter rights of gay and lesbian Canadians," said Laurie Arron, political co-ordinator of Canadians for Equal Marriage, in a statement.

Mr. Arron was shouted down by cries of "shut up, shut up."

Tory supporters then hit Mr. Smyth with signs and an elderly man punched him in the face before police intervened.

"Stephen Harper needs to tell Canadians whether he still holds the same view as when he was leader of the Canadian Alliance Party — that it is acceptable for the Parliament of Canada to take away the Charter rights of lesbian and gay people," the group said in a release.

Mr. Harper reiterated his statements from earlier this week; that he would allow a free vote [based on a private members' bill] in Parliament on the definition of marriage. He also said, as he said on Wednesday, that the Tories would withdraw the Supreme Court reference on same-sex unions and that he believed the court would respect the government's decision.

"We're going to withdraw the Supreme Court reference and I believe, if Parliament acts in its clear constitutional authority to establish a statute on marriage that's clear in the constitution I believe the courts will defer to Parliament's judgment."

But while he didn't rule out using it, he seemed to say the notwithstanding clause would be a last resort.

"What I've said is that the notwithstanding clause is a legitimate part of the constitution and can be applied. I think it should always be applied prudently, but my hope would be that we don't get into that situation."

He said his party will not table legislation on abortion or capital punishment but said he would also allow private members bills on those issues.

Mr. Harper seemed increasingly frustrated that his party's policies in recent days have been overshadowed by abortion and the same-sex marriage controversy.

He said that the issues cross all party lines and people in all parties, not just the Tories, have different points of views on this.

With reports from Brian Laghi and Canadian Press

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