SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
December 1, 2022 09:00AM
  • Dec/1/22 9:30:00 a.m.
  • Re: Bill 26 

I am pleased to build on Minister Dunlop’s remarks about the proposed legislative changes. These changes will help set students up for success throughout their post-secondary education and as they transition into rewarding careers.

As a government, our priority is to support Ontario students and help them access high-quality education—education that will help them develop the knowledge and skills they need to get good-paying jobs and support the growth of our economy.

In order for students to flourish in post-secondary education and beyond, we first need to provide them with a solid foundation that fosters success. All students in Ontario deserve to learn in a healthy, safe and respectful environment—an environment where they don’t have to worry about discrimination or harassment while accessing an education.

The safety and well-being of students on campuses across Ontario is a critical responsibility of our colleges, universities and private career colleges—and on our part, our government will continue to take action to support institutions in their efforts.

That’s why today I’m proud to show my support for the two initiatives outlined in Bill 26, the Strengthening Post-secondary Institutions and Students Act, 2022.

As Minister Dunlop explained, the first set of proposed amendments in the bill introduce changes that demonstrate our zero tolerance stance for sexual assault, harassment and any other form of sexual misconduct in our post-secondary communities. This legislation seeks to help publicly assisted colleges and universities and private career colleges to better address faculty and staff sexual misconduct against students. This includes equipping institutions with stronger tools to address these instances should they occur, unfortunately. Institutions would also be required to have employee sexual misconduct policies that set out rules for behaviour between employees and students and set out examples of disciplinary measures for employees who break these rules.

Finally, the proposed changes would prevent the use of non-disclosure agreements, which can sometimes be used to hide the prior wrongdoing of an employee when they leave one institution for another.

As Minister Dunlop mentioned, after considering the bill in more detail and listening to feedback we received, we are strengthening the language in the bill to protect students even more by using the term “sexual misconduct” instead of “sexual abuse” to refer to both physical and non-physical acts, and making it clear that the use of NDAs, or non-disclosure agreements, is unacceptable unless the student requests it.

As someone who led hiring and recruitment at Sheridan College for the past 13 years, I can tell you first-hand about the level of responsibility institutions feel to get it right. No one should have to worry about sexual misconduct on- or off-campus, especially not students. Our post-secondary institutions go to extensive lengths to attract and retain the best talent for our students. Candidates are led through a rigorous recruitment process and vetted extensively.

Non-disclosure agreements put staff, students and visitors in harm’s way when prior wrongdoing remains a secret.

We need to ensure a safe environment for post-secondary learners, fostering feelings of safety and personal comfort in which to learn, live, work and grow. Not only do we want to surround our students with educators who are inspiring and engaging; we also want to ensure these educators are unfailingly professional.

I’d like to reiterate Minister Dunlop’s statement that in most instances, the faculty and staff at our post-secondary institutions are doing an exceptional job and are demonstrating incomparable behaviour. Unfortunately, there are a few cases where this cannot be said, and so our government will not hesitate to step in.

The second set of amendments in the Strengthening Post-secondary Institutions and Students Act, 2022, would change the name of Ryerson University to Toronto Metropolitan University. As Minister Dunlop mentioned, the university took steps towards making this name change because of concerns with the legacy of Egerton Ryerson and his role in the creation of Canada’s residential school system. The university came forward earlier this year to request that the government make Toronto Metropolitan University the official legal name of the institution. We are pleased to support this step in the university’s continued journey—a journey that better aligns the university’s name with its current values. The university’s renaming is one of many steps the university is taking to move beyond the legacy of Egerton Ryerson and his role in the design of Canada’s residential school system. I would like to congratulate the university on their decision to rename, on the extensive community consultation they have completed in order to arrive at this decision, and on the resulting report of its task force. I look forward to seeing how the university further acts on the recommendations of its task force to move towards greater inclusion and equity for Indigenous learners.

For many years, I’ve been a committed mentor and coach for students, working with high school, college and university learners to help them overcome the challenges they face when entering the workforce. As someone who is passionate about post-secondary education and supporting students on their career journeys, I can so clearly see how these proposed legislative amendments would be critical to bolstering student success. Ultimately, it all comes down to supporting student access to post-secondary education and ensuring a safe, inclusive learning environment once they get there. I’m proud to say that our government has taken extensive action over the past few years to make this happen.

But while a relatively high number of Ontarians participate in post-secondary education overall, there are still groups that, for various reasons, are under-represented at colleges, universities and Indigenous institutes. That’s truly a shame, because this province needs representation from all individuals who call Ontario home. Their varying perspectives and ideas make us undoubtedly stronger.

For example, low-income students have a high school dropout rate of 30% to 50%, and are less likely to enter a post-secondary education and to succeed once they arrive. As you can imagine, family income is an especially strong predictor for attending university. As such, young people from high-income families are two to three times more likely to go to university than students from low-income families.

Youth in extended care, often referred to as crown wards, face similar challenges in accessing post-secondary education, with a 56% chance of dropping out of high school. It goes without saying that this can often lead to unemployment and underemployment.

And there are students whose parents did not attend post-secondary education. It can be a great honour and also a lot of pressure to be the first in your family to pursue higher education. Unfortunately, only 56% of first-generation individuals—that’s the term we use to describe individuals who are the first in their family to pursue post-secondary education—have a post-secondary credential. That number jumps to 89% for those whose parents both have a degree, a diploma or some other credential. Speaker, 56% compared to 89%—that’s a significant gap.

Students with disabilities face their own unique set of challenges accessing and succeeding in post-secondary education. In 2021-22, over 96,000 post-secondary students were registered with offices for students with disabilities at publicly assisted colleges and universities, and that number has been on the rise for years.

Finally, I’ll note that in 2019, 37% of Ontarians reported having a university degree, but only 16% of off-reserve Indigenous individuals did.

I realize these stats can paint a stark picture of inequity in our province and in Ontario’s post-secondary sector, but it’s important we acknowledge the many factors at play in the context of the important legislation being discussed today.

I’m proud to say that our government has taken definitive action to better support the inclusion, access and success of more students at post-secondary institutions across Ontario. For example, in March of last year, the Ministry of Colleges and Universities engaged with the Premier’s Council on Equality of Opportunity. The council is an advisory group that champions community voices and provides advice to the government on how to help young people succeed in Ontario’s changing economy. The goal of engaging the council was to help seek feedback from stakeholders, advocates and students themselves on how the government can better respond to accessibility challenges faced by minority groups at colleges and universities. We coordinated consultations with different under-represented groups in the post-secondary sector, including those I mentioned earlier. We wanted to hear directly from individuals regarding the barriers they experienced accessing higher education and any challenges they had once they got there. That insight is helping our government shape a better, more inclusive post-secondary system.

I’m proud to say that we have many programs in place that are making a very tangible difference in this area. For example, we provide nearly $10 million annually to Pathways to Education, a not-for-profit organization that provides academic, financial, social and one-on-one supports to Ontarians in certain low-income communities in the province. Pathways to Education helps these youth graduate from high school and successfully transition to post-secondary education. This program supported more than 3,000 students in Ontario last year. That’s 3,000 students who suddenly had the door of higher education opened to them; 3,000 more students who will gain the skills they need to graduate, get a meaningful, well-paying job and help drive Ontario’s economy forward. I know Minister Dunlop had the pleasure of attending the Pathways to Education grad ball a few weeks ago. The event is always a wonderful opportunity to see the very real difference this program can make to so many young people.

Our government also provides more than $11 million annually to support Ontario Postsecondary Access and Inclusion Programs at colleges and universities. This funding helps institutions to provide outreach, transition and retention programs to students who, without supports and interventions, would not otherwise access post-secondary education. It is designed to help students see the value of higher education, see themselves in post-secondary, and help them make the transition and succeed once there. This program had about 273,000 interactions with students in the 2020-21 academic year. That’s more than a quarter of a million touchpoints with students to help them in their post-secondary journey.

We also support something called Ontario Education Championship Teams. As I mentioned earlier, it can be challenging and overwhelming for a first-generation post-secondary student to pursue higher education. This is also true for youth in extended care. Ontario Education Championship Teams help remove informational and administrative barriers for those students so they can transition to post-secondary education and access training and employment. The 21 teams are made up of children’s aid societies, school boards, post-secondary education institutions and employment services. They are doing truly great work. Each year, this important program supports an average of 6,000 students. Again, that’s 6,000 students who may not have thought a post-secondary education was even a possibility for them.

Finally, in the context of today’s proposed amendments to help Toronto Metropolitan University move beyond the legacy of the Indian residential school system, I would like to highlight the work we are doing to support more Indigenous learners with their post-secondary goals. As a government, we are supporting both changes at the local level, such as Toronto Metropolitan University’s name change, and taking concrete steps towards building a post-secondary system that embraces accessibility and equality and promotes success for Indigenous learners and all students.

We know there is an attainment gap in post-secondary education between Indigenous and non-Indigenous learners. Approximately 53% of Indigenous people aged 25 to 64 hold a post-secondary credential, compared to 65% of the non-Indigenous population. There is widespread agreement by Indigenous leaders, communities and education professionals that investing in culturally responsive post-secondary education opportunities for Indigenous learners will have tremendous benefits and reduce this gap.

To this end, colleges and universities across Ontario are committed to improving Indigenous learners’ access, inclusion and participation in post-secondary education. They have prioritized many activities, some in response to the Truth and Reconciliation Commission of Canada’s Calls to Action, including hiring and retaining more Indigenous faculty and staff; increasing recruitment, bursaries and scholarships for Indigenous learners; including more Indigenous content in courses; offering new courses, programs and degrees specializing in Indigenous subject matter; and increasing partnerships with local Indigenous communities.

Our government supports colleges and universities in providing culturally appropriate services and student supports to Indigenous learners through the Indigenous student success fund. Through this fund, our government invests $18.2 million annually to fund programs and services such as Indigenous counsellors; post-secondary education experience camps; elders-in-residence; academic supports; access to Indigenous-focused mentoring, counselling and advising services; partnership development; and student and community outreach activities. To further ensure that universities and colleges include culturally appropriate services, institutions that receive the grant are required to maintain an Indigenous education council comprised of Indigenous community members. The council provides advice and input on programs and services. To respond to community needs, colleges and universities also offer Indigenous study programs such as social work, teaching, early childhood education, and language programs.

In addition to promoting inclusion for Indigenous learners at colleges and universities, Ontario supports Indigenous institutes in providing post-secondary education and training for nearly 1,500 Indigenous learners. Indigenous institutes are an important pillar of our post-secondary education sector. That’s why, five years ago, Ontario took a historic step to formally recognize their important role in delivering post-secondary education in the province. That is when the Indigenous Institutes Act, 2017, came into force. The act allows Indigenous institutes in Ontario that have been independently quality-assured through the Indigenous Advanced Education and Skills Council to offer independently delivered post-secondary education credentials.

Nine Indigenous institutes in the province are currently part of the publicly assisted post-secondary education system. Not only do they provide education and training for thousands of Indigenous learners; they offer programming in a culturally holistic and safe learning environment—an environment where Indigenous knowledge and ways of knowing are woven into all aspects of the learner experience. Several institutes serve communities in northern, rural and very remote parts of the province. They provide critical access to learners who might not otherwise participate in post-secondary education and training.

Our government is committed to supporting Indigenous institutes in providing learners in all parts of the province with access to high-quality education and training, so that Indigenous institutes continue to flourish and respond to community demands and the needs of the local labour market. That’s why our government continues to invest in Indigenous institutes across Ontario. In 2021-22, Ontario invested $24.8 million in the Indigenous Institutes Operating Grant, and, in budget 2022, committed an additional $4.5 million over the next three years, for a total of $26.3 million in 2022-23.

There is no greater investment than in the talent and skills of the next generation.

There has never been a more rewarding time to contribute to Ontario’s health care workforce. To help meet the unprecedented health care challenges brought into sharp focus throughout the pandemic, our government is investing $34 million over four years to increase enrolment in nursing and in personal support worker programs at six Indigenous institutes. This funding will help participating Indigenous institutes expand existing programs or create new ones to support the training of approximately 340 practical nurses, 60 registered nurses and 400 personal support workers over four years. To assist these students with completing their studies, Ontario is providing subsidies for tuition, textbooks, child care and costs related to clinical education. Ultimately, we want to make it easier for learners to pursue training as a nurse or a PSW. Overall, this increase in skilled nurses and PSWs will make a significant difference in supporting our health care system and will help Indigenous learners pursue rewarding careers.

In addition to funding for personal support worker and nursing programs, Ontario promotes a diversity of programs that meet the economic, health and social needs of Indigenous communities. Our government is dedicated to creating the conditions that make it easier for Indigenous learners to access a high-quality education. This includes all aspects of a student’s experience, from the learning environment to mental health supports to financial assistance.

To provide Indigenous students, faculty and staff with access to modern and safe learning environments, through budget 2022, our government is investing $4.5 million over three years to support the maintenance of Indigenous institute facilities.

We have also taken decisive action to provide flexible and increased access to mental health supports for Indigenous students. In 2022-23, Ontario is investing $950,000 in the Indigenous Institutes Mental Health Grant. This funding will continue to support Indigenous institutes in offering new or increased access to mental health, wellness, and trauma-related programs, services and supports, primarily for learners at Indigenous institutes. Funding may also be used to provide mental health, wellness, and trauma training for their staff and faculty.

To make it easier for Indigenous people to access a culturally supportive and high-quality post-secondary education, we are also removing financial barriers for Indigenous learners. Our government opened the door to OSAP eligibility for Indigenous institutes as of the 2020-21 academic year. In addition, Ontario offers a range of grants and loans through OSAP to support the unique needs and economic circumstances of Indigenous learners. There were over 5,700 Indigenous learners who received OSAP for the 2021-22 academic year, totalling approximately $78 million in federal and provincial grants and loans across all post-secondary institutions. These supports include the Ontario Indigenous Travel Grant, which addresses the high cost of travelling to a post-secondary school for Indigenous students living in remote First Nations communities.

The real winners are Ontario’s students and communities, who benefit from the incredible work being done at our institutions across the province.

As I mentioned earlier, most faculty on campus are doing a remarkable job of supporting student success. We see this in some of the examples that I’ve shared today. But we need to do more to set students up for success so that they can achieve such milestones. We need to remove barriers to education and provide students with the kind of safe, encouraging, respectful environment where they can focus on what is most important.

Our government is ready to take bold, decisive action in order to do what’s best for Ontarians.

As someone who has worked in the sector for many years, I know that if students don’t feel safe or have a sense of belonging, this will impact their success. That’s why I’m so pleased to see that the measures we are proposing today are truly focused on what matters: the students.

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  • Dec/1/22 10:00:00 a.m.
  • Re: Bill 26 

Thank you to the member across for your question.

Our government is committed to ensuring students have access to a secure and safe learning environment. That’s why we have taken these steps to strengthen supports for students reporting sexual violence or harassment. Colleges and universities are each autonomous organizations and have their own policies and processes in place regarding sexual violence codes of conduct on campus. This legislation specifically addresses sexual misconduct of staff and faculty towards students.

Last March, our government imposed regulations designed around empowering students who are survivors or have knowledge of an instance of sexual violence. One of the most important changes we put in place was that if someone comes forward with information about an act of sexual violence, they are granted certain exceptions from campus policies; the biggest of these is the school’s drug and alcohol policies. While we don’t want to encourage any illegal or excessive use of drugs or alcohol, students should not be reluctant to come forward with information because they’re concerned for their academic success or standing out of fear of being punished for doing so. Another addition that we’re building on is the removal of unnecessary questions regarding themes such as the sexual history of the student. When it comes to matters of consent, all that matters is whether or not someone has provided it in the moment. But most importantly, these regulations require all schools to have a sexual violence policy.

The bill in front of us today talks about non-disclosure agreements, sexual misconduct, and the renaming of Toronto Metropolitan University.

With respect to your question around OSAP, I’ll share that supporting post-secondary education is one of the best investments this government has made for students in the future. That’s why we’re getting it done for students in their greatest time of need. We’ve expanded OSAP to be eligible for students enrolled in Indigenous institutes. We’ve expanded OSAP to cover microcredentials, so that learners have more options on how to expand their education. And in 2020-21, we invested $4.7 billion in direct student aid to 400,000 students.

Put simply, Bill 26, if passed, will put an end to the secrecy around faculty-student sexual violence on campus and off-campus. As we have seen in reports in recent years, use of non-disclosure agreements to prevent students from seeking legal recourse against the offender and the ability for faculty and staff to move from one school to another without facing any punishment or outright dismissal is far too common in post-secondary education. If passed, Bill 26 would give institutions greater power to discipline and dismiss offenders and empower students to come forward with evidence of sexual violence.

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  • Dec/1/22 10:10:00 a.m.
  • Re: Bill 26 

Once again, Bill 26 speaks to sexual misconduct of staff and faculty toward students.

In terms of prevention, colleges and universities are autonomous institutions and have their own policies and procedures in place around codes of conduct for students and codes of conduct for employees. It may be something that the government considers, moving forward, in the form of a directive. We do meet with our stakeholders in colleges and universities regularly to talk about best practices in this and other areas, and we are looking to share those practices with all other post-secondary institutions.

Madam Speaker, we have some of the best faculty and staff at our colleges and universities, and in no way is Bill 26 an attack on our faculty and staff or a way to limit their rights. In fact, many of the faculty and staff see this as keeping them safe as employees, as well as keeping students safe.

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  • Dec/1/22 2:10:00 p.m.
  • Re: Bill 26 

The minister and her team consulted over 100 stakeholders when drafting Bill 26, including student unions, faculty unions, faculty associations and presidents from colleges, universities and the private career college sector. Members of the opposition, however, claim that more and better consultation was needed. This is coming from a group that did one day of committee hearings and then wanted to exclude the college sector from being part of a ministerial committee. My question to the member opposite is, how many people did the member’s party consult with on Bill 26?

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  • Dec/1/22 3:10:00 p.m.
  • Re: Bill 26 

Thank you to the member opposite for her remarks. Earlier this week, we saw stories of a professor who has remained in their role despite being found guilty of committing acts of sexual misconduct. During committee, we heard testimony from groups and even comments of the opposition that those found guilty are removed and that there’s no need for the punitive aspects of Bill 26. However, articles like this show why these measures are long overdue. So I’m curious what the member opposite believes should be done with faculty and staff who have been proven to have committed acts of sexual violence?

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  • Dec/1/22 4:50:00 p.m.
  • Re: Bill 26 

For too long, students have been silenced by a system that allowed perpetrators to hide behind non-disclosure agreements and continue to move around to each institution. Silence protects predators. Silence is complicity. This bill prevents perpetrators of sexual misconduct from continuing to work at their institution or popping up at other institutions. It allows institutions to integrate their own sexual violence policies alongside the Ontario Human Rights Code and Criminal Code interpretations of sexual solicitation and violence. Will the member opposite support our bill?

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