SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
December 1, 2022 09:00AM
  • 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 2:10:00 p.m.
  • Re: Bill 26 

The work speaks for itself, honestly. The government may have consulted people before the bill was tabled, but stakeholders were unanimous in coming to committee and saying that the bill needed amendments in order to actually address the situation, that what was there needed to be done better and that there was much that was missing from the bill.

As to the length of the committee hearings, that’s not on the opposition; that’s on the government side. We asked for more time and we were denied.

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

I want to congratulate my colleague the member for Ottawa West–Nepean for her very thorough explanation of what happened at committee, and the limitations of this bill to effectively address sexual violence and harassment.

I know the member will be aware of the events that happened at Western University in September 2021. We had 30 female students alleging being drugged and sexually assaulted on campus. In the wake of those allegations the university conducted an extensive internal review and an extensive external review. The first recommendation of both those reviews was to invest in mandatory training and education for all students, all staff, the entire university community.

What does the member think about legislation that is not accompanied by that kind of investment in training and education that would help really move the issue forward?

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  • Dec/1/22 2:20:00 p.m.
  • Re: Bill 26 

My thanks to the member opposite for her participation in debate, and my thanks to all members today for speaking to this legislation and for the Legislature considering what I believe is a very important change to the structure that we have in place protecting students in post-secondary educational settings.

I have the great privilege of currently still attending a post-secondary institution. I’m not sure if I’m perhaps one of the only members in the House to do so. I’m currently a McMaster student. Since January 2017, shortly after I was elected, I have been plugging away at my undergrad studies part-time. I’m thankful for that opportunity to be able to go to a world-class university here in Ontario.

Perhaps not a lot of people know this, and I’ll share it with the Legislature—it isn’t something, I don’t think, that I have on the record, but prior to getting elected, I actually was accepted to university for music performance. Music performance is sort of my passion, it’s my background, and before getting involved and working in politics, that was my life, really. I spent many hours every day practising: singing in choirs, playing the piano and studying for Royal Conservatory exams.

When I thought about what I wanted to do after high school, I saw the opportunities that an undergraduate degree of, frankly, almost any stripe here in the province of Ontario will provide. I understand and respect those who are getting into the skilled trades. As a government, we’ve done a lot to promote that. I have many family members who are working in the skilled trades, who are in agriculture, who are in business, and many family members who went to college as well. I have a very large family, so it’s easy for me to say there are many family members in a lot of different areas.

But music was my passion, and I applied to a number of different universities for a degree in music performance. I was accepted; I ended up actually going off to Ottawa, working on Parliament Hill for a year instead, because of some opportunities that arose at that time, and I wasn’t able to practise to the extent that, of course, is needed in order to take that level of education in music. But it’s still something I try to pursue in my spare time and it’s something I believe in.

When I was elected in the fall of 2016—actually, I believe yesterday was the sixth anniversary of my swearing in here in this chamber.

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  • Dec/1/22 2:20:00 p.m.
  • Re: Bill 26 

Bill 26 is great piece of legislation, but it is unfortunate it is necessary that these kinds of protections have to be put in place. If passed, this bill will set minimum standards to protect our students. This bill will ensure that employees who commit an act of sexual misconduct of a student will be discharged by the institution.

We have heard from many, many stakeholders wonderful things about this bill, and that the government is taking a step in a positive direction. Congratulations to the member from Ottawa West–Nepean for your marathon remarks.

To the member, my question is simple: What are the good things you see in this bill?

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  • Dec/1/22 2:20:00 p.m.
  • Re: Bill 26 

Thanks to the member for London West for that excellent question. Western University was one of the deputations that appeared before committee last week, and they shared that work that has been done and the training that they’ve undertaken, which I have to say I find incredibly important and impressive.

But Western University also called on the government to make amendments to this legislation, to include mandatory prevention education. We heard it from all stakeholders, from students, administrators, faculty, staff, gender-based violence experts: The number one thing we need to actually prevent and not just respond to incidents of sexual violence is education, training on consent, making sure that everybody knows what their rights are, how to intervene safely when they see an incident. This was absolutely a lost opportunity to listen to stakeholders like Western University and mandate that kind of education on campuses across Ontario.

When the member for Nickel Belt asked the government to say who is asking for the term “sexual misconduct” to be used, the government could not answer. Making up a stakeholder after the fact who might have preferred the term “sexual misconduct” doesn’t actually help with the situation of making sure that students who are at universities and colleges now actually know what their rights are and can claim their rights.

But I do also recognize that it is only one small step, and there is a lot of work still to be done on reconciliation. We have a situation in Ontario today where there are people who don’t have access to clean drinking water or safe housing or safe roads or fire protection services, for no other reason than because they are Indigenous. I think that’s absolutely unacceptable, and a government that was truly committed to reconciliation would be taking urgent action on all of those issues.

I think Toronto Metropolitan University had a really great process to actually listen to community members, to identify that harm and to recommend multiple steps that could be taken. I’m glad that this bill formalizes that name change so that we no longer honour the legacy of somebody who caused that kind of harm in Ontario.

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  • Dec/1/22 2:20:00 p.m.
  • Re: Bill 26 

I listened to the member’s comments about the term “sexual misconduct,” and I’m sorry; I have to ask this question very legitimately: if the member actually Googled that term, it is not made up. It happens to appear in the Canadian Armed Forces lexicon. The reason that it would be used is because “sexual misconduct” refers to all nature of behaviour, not just what would be termed criminal, such as violence or harassment.

So my question would be, why is the member advocating that we would use a term or terminology that would significantly, by definition, limit the conduct that this would apply to, when “sexual misconduct” is a term used frequently to include not just criminal acts, but also everything down to sexist jokes, sexist comments and that type of thing? I’m legitimately baffled, and I would love to hear an explanation from the member.

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  • Dec/1/22 2:20:00 p.m.
  • Re: Bill 26 

Just real quickly to the member: We see that there would be benefit not only for those on campus but here in the House to having a discussion about terms of incidents and how they are applied, how they are understood through students as well. With the immediate passing of the private member’s bill for Consent Awareness Week from the Toronto Centre member—would there be any benefit to all of us if it was passed immediately?

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  • Dec/1/22 2:20:00 p.m.
  • Re: Bill 26 

Thank you to the member from Ottawa West–Nepean for the presentation. I know you spent some time on schedule 3, where the name of the university is changed to Toronto Metropolitan University. When we talk about Indian residential schools across the country, where it instituted systemic racism—how it impacted First Nations across Canada—I know we talk about the decades of systemic racism, the decades of systemic oppression.

I know that a name change is a very, very small step. When we talk about the 94 calls to action, do you think this government has gone far enough to be able to implement those 94 calls to action?

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  • Dec/1/22 2:30:00 p.m.
  • Re: Bill 26 

Thank you, thank you.

So I’m officially today in my seventh year of service here in the Legislature, and I’m very thankful to the good people of Niagara West for sending me here and for the issues that we are able to debate. But at that time, one of the questions I got a lot in the fall of 2016 was if I was going to pursue post-secondary education. It’s no secret that I was quite young when I first entered this House. I was just 19 years old and people were a little bit concerned that I wasn’t going to be able to pursue some of the opportunities that I had been planning for. Of course, that would limit my future opportunities as well, in being able to pursue some of the areas that I’m passionate about. I had a lot of people when I was first elected, even during the campaign, come to me and say, “I hope you’re going to still go to school, Sam. I hope you’re not going to give up on getting a degree or wherever you’re going to end up going,” and I said, “No, I’m going to make sure I do.”

So starting in January 2017, a couple months after I was elected, I went to Brock, which I lived far closer to at the time, and I entered there in a degree for political science and economics. Over time, my wife and I met and married; we have a son, Sullivan, and I moved closer towards the Hamilton side of the riding. It just made more sense, given the proximity, to transfer to McMaster. And so since that time, I’ve been taking a course a semester almost every semester. Right now, I’m taking a philosophy course.

Over the past six years, I’ve had the opportunity to interact with so many amazing people in this building and amazing people in my community in my role as MPP. But one of the things I don’t really talk about too much because it’s something, I guess—people always get so curious about what it’s like and then I have to go into a whole conversation about what it’s like to be an MPP while being in university for political science and what that means. I could tell you a few different stories. But I’ve had also the amazing opportunity to be able to be in a classroom in a very practical sense and to speak with students—students who, bluntly, don’t know that I’m involved in politics. For all they know, I’m just another undergraduate student like they are. Of course I am, but I’m part-time; I’m one course a semester. I don’t go in a suit and tie. I usually am wearing a sweater, I’ll wear some jeans, and I have my notebook out. I’m wearing contacts, actually, this afternoon. I usually wear contacts, not glasses. People recognize me a lot more with glasses, and then things can get a little spicy in a first-year political science course.

But the reason I talk about this, Speaker, is because over those conversations with those post-secondary students, even as recently as last week—to hear their joy and optimism about where they are here in Ontario, in our post-secondary institutions, at McMaster University, a world-class university—with no disrespect to anyone who has gone to any other institution—there’s a belief in what they’re participating in on that educational journey, and an optimism—dare I call it a “youthful exuberance,” and it feels a little strange saying that—a youthful exuberance about the potential that they’re being able to provide to their community, to the world, to our province. They participate in those studies with such enthusiasm, they talk about the issues, and one of the issues that has come up multiple times over the course of my studies is this very conversation that we’re having about sexual violence and sexual harassment on campus. I’ve heard stories from my colleagues, not just here but fellow students in class, about either situations that, perhaps, were just made to feel uncomfortable, or actual stories of tragic sexual harassment and assault on campus—something that is completely unacceptable and that I know each and every single one of us in this chamber condemns, and rightfully so.

Now, in those conversations, unfortunately what I heard was that those were terrible interactions and terrible tragedies that occurred, often between students. But one of the things I’ve noticed in participating in the classroom discussions—and I’m now a little bit older; I’m 25. I’m almost finished my studies. I’ll almost have a degree in about a year, hopefully, if, Lord willing, things continue the way they are. But so many of these are young students, they’re 17, maybe 18, maybe 19 or 20 in some of the first-year courses, and the respect that they have for the faculty that they’re interacting with, you can see the awe in their eyes and this view of, whether it’s the TA or the professor—not that they’re unquestioning; of course they’re questioning and they have those discussions in a healthy and vigorous way, but you can see they very much trust the people who are teaching them and are there to teach them.

I know that for the vast majority of those staff members, who I have so much respect for, the work and the reason they’re there is to be able to help craft and provide insight and knowledge and learning to students who are excited to learn more about the world and their contributions to the world. That is, I believe, a position of sacred trust. It’s one that—everyone who has had the opportunity to teach is someone who has had the opportunity to help craft and shape the future of our world in an amazing way.

I believe one of the sayings—I’m trying to figure out which one it is here. I believe it’s on one of these pillars, and the saying, when translated from Latin—I can’t see them all right now—one of the sayings is, “By teaching, learn.” So there’s a real recognition in this House as well in the inscriptions on our pillars of the value that teachers bring, and I believe that applies also to post-secondary education.

But then to have, in that type of setting where a student is looking up to, admiring, respecting their faculty member, their professor, their TA—to have a terrible destruction of that sacred trust by an act of violence, an act of disrespect, a tragic breaking down of that trust in unfathomable ways that creates often lifelong trauma, that creates lifelong hurt, that creates damage to that person in terrible, terrible ways, is something that I, having sat in those classrooms and still going back to those classrooms—I was thinking about this, actually, just last week when I was in class. Thinking about this legislation, it reminded me of the vital importance of having measures that keep those students safe, that protect them and that bluntly punish those who break those sacred bonds of trust. I believe that that is why we are having this debate this afternoon.

I’m thankful to speak to the Strengthening Post-secondary Institutions and Students Act. I fully support this legislation, because I understand and see the value that strengthening our protections for students in post-secondary education will bring. Those who go to a college campus, a university campus, whether they’re involved in an apprenticeship or wherever else, are opening themselves up in a vulnerable way to learning, and, to learn, you have to break down some of the barriers, some of fences that you might have in your own heart, your own mind, when you’re thinking about your perception of a particular issue or a particular career path. Everyone has presuppositions; they have philosophical underpinnings to how they view the world, and those are good; it would be false for any of us to say that we don’t have a particular lens that we view the world through, but we also need to make sure that we’re able to reduce those fences to learn from others’ experiences, to learn from lived experience, to be able to have empathy and to be able to grow.

To think of students who are in that process of learning, of opening themselves up to that knowledge from someone who they believe can teach them, and then to have that trust shattered by a despicable act of sexual violence or harassment or abuse, necessitates a response from all of us as legislators. And I know there has been good work done on all sides of the House, actually, I believe, on this. I think of work brought that’s been brought forward by all-party committees of the Legislature. I think of work that’s happened from members of the opposition, as well, on fighting sexual harassment and violence. I think of the work that’s happened by so many members of our team and, as much as I don’t regularly give praise to former Premier Kathleen Wynne, one of the issues I believe she was strong on was with regards to this, culturally, recognizing the damage it causes.

So I think it’s important for all of us, as we consider this legislation, to perhaps not get too bogged down in minutia and legalese, if you will. I know I’ve heard some concerns raised by members of the opposition, and I respect that. I think it’s important that they’re able to share. They’re the opposition, after all. But I don’t believe that the members of the opposition are going to allow those mild concerns that they might have around some legalese within the bill—they might have some phraseology concerns—are going to prevent them from supporting, as I know every member on this side will, legislation that will protect students and that will ensure that, when they come onto that campus—as I saw them again this September.

I hate to go on a little aside, but for a couple of years, most of my courses were online, and there was some benefit to that, I would say, in that I was able to multi-task a little more and able to do some other things at the same time, not having to drive into McMaster. But when I was back in September—I know people have this with me, so it feels very strange saying this—I was struck by how young they were, right?

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  • Dec/1/22 2:40:00 p.m.
  • Re: Bill 26 

To the member opposite, I appreciate your comments today. It was interesting to learn that you’re currently an undergraduate student at McMaster University.

Every campus in Ontario has a sexual assault issue—sexual harassment and violence, and 2SLGBTQ students are disproportionately affected by sexual harassment and violence. I’m wondering—because you are an MPP and a student, you are a leader on your campus—what will you do to curb sexual harassment and violence on your campus? Will you join the gay-straight alliance on your campus and will you help out with the sexual assault centres?

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  • Dec/1/22 2:40:00 p.m.
  • Re: Bill 26 

Thank you to the member from Niagara West. I would like a little bit more context, because when the member takes off his glasses, he’s like Clark Kent. I would like to know what the students are saying to you as a fellow student and what you’re hearing directly from the students about the issue that we’re speaking about now.

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  • Dec/1/22 2:40:00 p.m.
  • Re: Bill 26 

And I know; I know. You can laugh. I get that a lot. But frankly, again, these are young people, for the vast majority. They’re 17, they’re 18, maybe 19. They’re coming onto campus. Their joie de vivre, their appetite for learning, is limitless. The best courses are first-year courses, before they become a little bit jaded by the time they get to third or fourth year and they don’t engage as much. But the first-year students, they’re there to learn, they’re there to discuss, they’re there to experience post-secondary education, and I can’t imagine how devastating and how destructive an act can be to someone coming in with those expectations.

And that, then, is a call to all of us to take that seriously, to act not just in this way—this is an incredibly important piece of legislation that builds on the work that’s been done in a non-partisan way, and I know that any member in this House would be the first to say that it’s not the end, that there is more work that should be done. I, frankly, don’t know exactly what that is. If I did or if we did, then I know we would bring it forward. But I know that that’s something all of us share, a belief in always doing more, being better and serving—serving those who we strive to represent, including those young people who are seeking to improve themselves and to contribute, to make a difference in our communities.

And that’s why I’m speaking in favour of this legislation this afternoon, Speaker. It’s because when I think of the people that I go to school with and the people who have gone to school and have experienced, unfortunately, the terrible trauma, the déjà vu, if you will, of having been abused or having been harassed or having been assaulted by someone who is in a position of authority, in a faculty position, and then going back onto that campus, seeing that person at the front of class, teaching, speaking with authority—I can’t imagine what that would be. And I recognize, Speaker, that I’m not someone who is in a position that likely will ever experience that. I pray no one in my family will experience that; I pray that no one I know will experience that. But there are many who have.

So then it’s not enough for us just to say, “Well, the existing processes are good enough. It’s good enough, what we’ve got. Yeah, it’s not perfect, but it’s good enough.” There’s a flavour of that in what I hear. Defending these unethical NDAs—the approach of the past, frankly, in approaching these sensitive and important topics, is not good enough. That’s why this legislation is needed and it’s why I support it.

I would just ask all members to think either of their family members—or perhaps, if not family members, those they know, those they interact with. Think about the university or the college in your community. So many of us have them. There are so many amazing colleges and universities in this province that do fantastic work. Think about when you go there—we’ve all been there, right? They invite us. Perhaps it’s a new facility opening. Perhaps we get asked to speak to a class. Perhaps we’re invited to visit a high school and share about our life as an MPP or the policies that our government is providing.

When you look out upon that group of children or young adults or teenagers and think about the terrible statistics that have necessitated this type of action, the fact that so many have experienced terrible abuse or trauma from those in positions of authority—consider that when casting your ballot, and vote yes. Vote yes to a safer university campus. Vote yes to a safer college campus. Vote yes to supports in place that provide opportunity, that encourage growth so that that eager and enthusiastic group of students who I see when I go to campus don’t have the devastation and disappointment of experiences that I pray none of us will ever see.

Speaker, in conclusion, I strongly support this legislation. I will be voting for this legislation and I ask all members of this House to join me in doing so. Thank you very much.

Whether it’s this legislation or other legislation, I’m committed to working and listening. It’s so important to ensure that we’re listening to those who have had lived experiences. Whether it’s in seminars or events—I frankly don’t get to quite as many events on campus as I would like to, just given the other requirements of the job—I’m going to continue to listen and have those help inform my work and advocacy here as an elected member as well. My thanks to the member for the question.

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  • Dec/1/22 2:50:00 p.m.
  • Re: Bill 26 

I listened to the remarks from the member across the way, and I just want to emphasize how prevalent gender-based violence is on university and college campuses in Ontario. The government’s own climate survey showed that 63% of university students—that’s two thirds—experienced sexual harassment while on campus, and 23% disclosed a non-consensual sexual experience. It is a crisis at our post-secondary institutions.

But the majority of the sexual violence that is experienced is student-on-student sexual violence; it is not faculty to student. So I’m wondering, when so many organizations came to the committee and urged the government to include prevention in this bill, to include measures to reduce the prevalence of student-on-student sexual violence on campus, why did the government ignore all of that input?

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  • Dec/1/22 2:50:00 p.m.
  • Re: Bill 26 

Speaker, Bill 26 proposes changes that are, quite frankly, long overdue. They’re going to protect students at colleges and universities, like my sons. I have a son who graduated from the University of Windsor, one currently studying at Guelph and one with his whole future in front of him, so I’m so glad this government is making this a priority.

Can the member please outline how these measures specifically will support students, all our children, all our students across this province to support students and survivors of sexual violence?

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  • Dec/1/22 2:50:00 p.m.
  • Re: Bill 26 

First, I want to inform the member that the only instrument I can play is a couple of spoons. That’s about it. I take that from my dad. As a young boy, we used to go to camp and Dad would play spoons to a variety of Johnny Cash songs.

My question I do have for the member is—I don’t want to see “you, them, us.” I’m looking at him as an individual who is within the university environment; that’s what I’m looking for. I don’t want to say this is a good idea or you’ve got a good idea. All I’m asking the member is, would there be any benefit to having a consent awareness week passed through this legislation? Would it not bring benefit to all of us to have that opportunity to have a discussion? Let’s forget where the idea comes from. I just want to know from his experience that he’s had within the field and while in school, would there be a benefit to everyone?

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