Hon. David Arnot: Honourable senators, I rise today on the occasion of World Teachers’ Day, a day celebrated in Canada every October 5 since 1994.

On this day, we acknowledge three essential and related facts: First, education is a human right; second, every child has the right to be educated about their rights; and third, teaching is the profession — and the critical public service — that supports those rights.

Every school day, Canadian teachers work with our children, giving them the essential knowledge, information and social experiences they need.

I have profound respect for teachers, based on my personal experience in working with dedicated teacher groups in Saskatchewan as they prepared comprehensive curriculum resources on such important topics as treaties, the treaty relationship, democracy, civics and citizenship education.

Teachers breathe life into the past, reveal the present and work hard to shape the future for our children. Behind such public service, there are many late nights and innumerable hours of curricular and extracurricular oversight, including in the arts, music, drama and sports, as well as science, technology and mathematics.

Teachers need proper resources to support the fundamental learning, understanding and knowledge to advance social progress and ensure a more diverse, equitable and inclusive future.

We cannot forget the unprecedented challenge teachers faced during the pandemic, particularly during the isolation periods. Similarly, we cannot ignore the ongoing, related and new challenges teachers will face in the future.

I am sure all of us in this chamber remember teachers who helped and inspired us in our past. Today teachers are inspiring the next generation to succeed as global citizens. Every day in Canada, teachers are our front-line heroes.

Honourable senators, on this World Teachers’ Day, please join me in thanking our Canadian teachers, past, present and future.

Hon. Donald Neil Plett (Leader of the Opposition): Minister, your government is proposing to extend conditional sentence eligibility for serious offences including sexual assault through Bill C-5. Women’s groups and victims’ groups have expressed great concern about an abuser’s ability to serve his sentence from his home or in the victim’s community.

Jennifer Dunn of the London Abused Women’s Centre stated in the House Justice Committee on April 29, 2022:

. . . Women and girls are five times more likely than men to be victims of sexual assault, and sexual assault is a violent crime on the rise in Canada. With conditional sentencing, many women will be stuck in the community with the offender, which places them at even higher risk.

Minister, what message is your government sending to victims of sexual assault by extending leniency to sexual abusers?

Hon. Elizabeth Marshall: Honourable senators, Newfoundlanders and Labradorians are proud of their military heritage and served with distinction in both world wars. Since we did not join the Canadian Confederation until 1949, Newfoundlanders’ involvement in both world wars was different from other Canadians. While many Newfoundlanders and Labradorians served in the Armed Forces of Britain, Canada and other allied countries, we also had our own regiment that served as part of the British Army during the First World War.

During the Great War, the Newfoundland Regiment fought first in Gallipoli, Turkey, and later in Europe. In 1917, its brave actions earned it the title of “Royal” — an honour no other British regiment received during the First World War. The Royal Newfoundland Regiment was the only regiment from North America involved in the Gallipoli Campaign.

After the war, five battlefield monuments were erected in France and Belgium to commemorate the sacrifices of the Royal Newfoundland Regiment. The monuments are in the form of a caribou — an animal indigenous to Newfoundland and Labrador and familiar to all Newfoundlanders and Labradorians. The caribou was the emblem used on the badge of the Royal Newfoundland Regiment.

With a bronze caribou at each of the five sites in France and Belgium, it became known as the Trail of the Caribou. However, with no caribou monument at Gallipoli in Turkey, the Trail of the Caribou was incomplete. For many years, there were discussions and efforts to commemorate the Royal Newfoundland Regiment’s involvement in the Gallipoli Campaign of the First World War with a sixth caribou monument at Gallipoli.

Last month, through the efforts and cooperation of the governments of Canada, Newfoundland and Labrador and Turkey, a dedication ceremony was held for the sixth Royal Newfoundland Regiment monument in Gallipoli. The monument, a bronze caribou weighing 1,500 pounds and standing eight feet tall, now stands proudly in Gallipoli to commemorate the sacrifices made by the Royal Newfoundland Regiment in the Gallipoli Campaign of 1915-16.

I was honoured to have participated in the dedication ceremony in Gallipoli along with our Honourable Speaker Senator Furey; the Honourable Lawrence MacAulay, Minister of Veterans Affairs; members of Parliament Clifford Small and Rachel Blaney; and representatives of the Royal Newfoundland Regiment.

Honourable senators, join me in celebrating this historic occasion. The Trail of the Caribou is now complete.

Hon. Nancy J. Hartling: Honourable senators, I rise to pay tribute to the late Senator Mabel DeWare from Moncton, New Brunswick. Mabel led an extraordinary life full of accomplishments. I believe she will be remembered most fondly for her warmth and ability to make every person she met feel like they were truly important.

I had the honour to attend her funeral in August, when her life was celebrated by family, friends, colleagues and community leaders. She lived until she was 96 years old, and maintained her sense of humour until the very end.

Mabel spent the better part of her life working or volunteering to improve her community and her province, in addition to being a loving mother to 4 children, grandmother to 9, great‑grandmother to 14 and devoted wife to Ralph.

Many first learned about Mabel during her rise in curling. She skipped her Moncton team to many championships. In 1963, her team became New Brunswick’s first women’s national curling champions. She was inducted into the Canadian Curling Hall of Fame and the New Brunswick Sports Hall of Fame for the feat. In 1979, she helped establish the World Women’s Curling Championship.

Although Mabel had a career as a dental assistant, her passion for public service led her into provincial politics. In 1978, she was elected as the MLA for the Moncton West riding in the Legislative Assembly of New Brunswick, and she served for two consecutive terms. She was a trailblazer, becoming the first woman to be Minister of Labour and Manpower, later becoming Minister of Continuing Education and then Minister of Advanced Education and Training.

In 1990, she was appointed to the Senate of Canada by Brian Mulroney, serving until 2001. In this place, Mabel was remembered for her compassion and kindness. She was the first woman to become Opposition Whip, and is remembered by her caucus colleagues as good-humoured and sunny. Her tradition of donning a blue Santa Claus suit each Christmas was a particular crowd pleaser.

Former Senator Erminie Cohen said it best:

To every position she holds, she gives everything she has. Mabel is a people person. Her warmth and friendly disposition, the twinkle in her blue eyes and the smile on her lips endear her to everyone. She loves a good party, enjoys a good laugh and tells a mean joke.

One of her practical jokes was to remove five red light bulbs from the Senate Christmas tree and replace them with “Conservative” blue bulbs.

Her wit was legendary. Once, during her tenure as Minister of Labour, she visited a mine in northern New Brunswick. She was asked dismissively before an assembly of men what she, a woman, could possibly know about labour. She replied without hesitating, “I know more about labour than any of you ever will! A woman in labour always delivers!!”

A few years ago, I had the pleasure to meet Mabel’s granddaughter at an event where I was speaking about workplace harassment. Her granddaughter told me how much Mabel wished she could have attended, but that her health wouldn’t permit it.

Senator Mabel DeWare has been a great role model for me and an example of how forging friendships based on mutual respect and compassion can reach across all political boundaries.

She will be missed by our community, but especially by her family.

Thank you for serving Canada.

Hon. Mohamed-Iqbal Ravalia: Honourable senators, I rise today to recognize the heroism of the first responders and health professionals of Clarenville, Newfoundland and Labrador, whose quick thinking and collaboration saved lives following an explosion at the Come By Chance Refinery on September 2.

Just after 4 p.m., an explosion rocked the refinery, injuring eight people — some critically. As reports trickled out, paramedics from Fewer’s Ambulance Service were already en route to the scene, bringing the victims to the Dr. G. B. Cross Memorial Hospital in Clarenville.

On-site at the hospital, the senior site manager, Dion Park, called a rare Code Orange, meaning a mass casualty event. According to Dr. Etienne van der Linde — the site lead for the hospital’s emergency division — once the call went out, nearly every health care worker in town flooded into the hospital to do their part.

But as more casualties began arriving, it became clear that the Clarenville hospital, with its eight-bed ICU, did not have the capacity to treat all the victims on its own. Most of the patients would need to be sent to the Health Sciences Centre, or HSC, in St. John’s, which is a 2-hour journey by ambulance or about 30 minutes by helicopter.

Dr. van der Linde and his team collaborated with the HSC to seamlessly transport these patients to St. John’s.

By 8 p.m., staff in Clarenville had stabilized three patients to the point where they could fly, but there was a problem: The hospital only has a small helipad — not big enough to land the kind of aircraft needed to transport the patients, along with the medical staff and equipment that needed to accompany them.

Thinking quickly, the police blocked off the road around the hospital and cordoned off the Sobeys parking lot next door. Reports indicate that by 8:45 p.m., helicopters were touching down beside the Sobeys, and the first three patients were loaded aboard for transport, flanked by health care workers.

This event demonstrates the superior skill, resourcefulness and tenacity of first responders and health professionals in my province, as well as the support staff, including volunteers, working in rural communities. But it also exposes the vulnerabilities that persist, including a lack of resources, lack of funding and, unfortunately, staffing shortages.

I applaud the actions of Dr. van der Linde and his entire team. People living in rural and remote communities need — and have the right — to access proper and capable emergency care, regardless if their local hospital is next to a Sobeys.

On behalf of our Newfoundland and Labrador colleagues, I wish the victims a quick recovery, and my thoughts are with them and their families.

Thank you, meegwetch.

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate): Honourable senators, I give notice that, at the next sitting of the Senate, I will move:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, October 17, 2022, at 6 p.m.; and

That rule 3-3(1) be suspended on that day.

[English]

Senator Ringuette: I understand the logic of the Island being one zone. It’s only logical. But it’s counterintuitive if the study of the bill did not entertain the PBO report and did not entertain the fact that over five years, once this bill is passed, there would be $76.6 million less going to the unemployed citizens of P.E.I. That is a concern. I really believe that. If it has not been, it should be looked at before we proceed to third reading.

The other thing is that in order to reverse the loss of income for unemployed P.E.I. citizens, the bill should include provisions that the Employment Insurance program for this one zone is at the lowest denominator in regard to provisions to acquire Employment Insurance.

Senator Duncan, I hope that you understand the scope of the question and my concern. As an Atlantic Canadian, I can relate to the citizens who are on Employment Insurance and how tough it is, so I certainly would not want this institution to pass a bill that would remove some financial income for unemployed P.E.I. citizens.

If you can tell me that has been corrected, then I would say fine. But if it has not, I think we have to do another review. Thank you.

Senator Duncan: Thank you for the question. I believe what I did was revert to a former habit, perhaps one might say, of not answering the question in Question Period.

The PBO report that you referenced, I’m advised, was not available at the time of the study. The other point I hear you raising is a concern that there will be Islanders who are now collecting fewer benefits and there will be fewer benefits paid as a result of going to one zone. My understanding is that it could be possible, if it were one zone, to be paid at the higher zone. Is that not a possibility? That’s the very question I raised, and I believe that would be the best end result.

(Pursuant to the order adopted by the Senate on December 7, 2021, to receive a Minister of the Crown, the Honourable David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada, appeared before honourable senators during Question Period.)

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you, senator, for that question, even though I disagree with the way in which it characterizes the issue. It will always be the case that serious crimes will attract serious penalties and that public security is our number one concern.

What we are doing, honourable senator, is making sure that where there is no threat to public security — and a conditional sentence order is only available when there is no threat to public security and the sentence that would be given would be less than two years. These are cases where incarceration is not the best way forward.

I would point you to recent comments by Justice Michael Moldaver — one of the leading law thinkers in Canada and a recently retired justice on the Supreme Court of Canada — who said that our criminal justice system needs to concentrate its resources on serious crime and should not be turning to incarceration where it is not the best way forward, either for the victim or for society at large.

Again, while you cite serious crimes, where those crimes are serious — and where the situation and circumstances were serious — those will always attract serious penalties. What we are doing here is allowing flexibility for a problem, such as a problematic addiction or another social challenge, to be addressed directly as opposed to using incarceration as a means to address that type of social problem.

To repeat, serious crimes will always carry serious sentences and conditional sentence orders are only available where there is no threat to public security.

Hon. Michèle Audette: Minister, as you know, the Standing Senate Committee on Aboriginal Peoples released its report entitled Not Enough: All Words and No Action on MMIWG back in June.

I would like to share what several witnesses said during the study. The report states, and I quote:

Several witnesses emphasized the importance of Call for Justice 1.7, the establishment of an independent National Indigenous and Human Rights Ombudsperson, by all governments, in partnership with Indigenous peoples . . . .

This also applies to the Government of Canada.

The committee was also pleased to learn that the Government of Canada has begun to reflect on what this position might look like.

My question is simple, minister. Where do we stand today?

Senator Plett: Characterizing what I asked. Sexual assault, minister, is a serious crime — a very serious crime, minister. If this bill passes, sexual abusers will be serving their sentence in their communities. Yet, as Jennifer Dunn stated, you have women on the other side of this who have to live with what happened to them and have to look over their shoulder in the community. That, minister, is a lifetime sentence. That is serious, minister.

What message is your government sending victims of sexual assault by treating sexual abuse with leniency? Given that sexual assault is the most under-reported crime in Canada, what do you say to the advocacy groups who say that this will further deter abuse victims from coming forward?

Conditional sentence orders, in any case — but particularly in the very serious situation that you have cited — are only available where there is no threat to public security. That includes victims, honourable senator. We are moving forward in a way that corrects the failed, so-called tough-on-crime policies of the Harper government, which have only resulted in clogging up the criminal justice system, in the overincarceration of Indigenous, Black and other racialized people in the Canadian justice system and which even an esteemed judge and expert like Michael Moldaver said have basically failed.

[Translation]

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you, senator. That is another very important question that concerns not just the report on MMIWG but also the United Nations declaration and the process for establishing an action plan. That is what I am in the process of doing with the various kinds of Indigenous leadership across nations and with national and provincial organizations. Part of this reflection is precisely about an ombudsman or perhaps a tribunal or some other form of review, if you will, to determine the scope of the rights protected by the declaration or other documents. I can tell you that this analysis is well under way, thanks to the major role played by Indigenous leadership, and I can tell you which leaders have a stake in this.

Discussions are being held as part of our consultation processes with respect to the declaration. This should address not only the requirements of the declaration but also what the report called on us to do.

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Not at all, senator. Obviously, the inquiry and the parliamentary review committee are part of the Emergencies Act process. They are required under the act itself. Clearly, we want to provide both with enough information to ensure that they can make their decisions and be in a position to review the decision made by cabinet.

Thanks to Justice Rouleau’s commission, other measures will be put in place to protect sensitive documents. The government was therefore comfortable with the decision to partially waive cabinet confidence privilege.

In both cases, solicitor-client privilege was not asserted because it’s a situation where a government can’t be bound at a future time, and that’s a quasi-constitutional right declared fundamental by the Supreme Court.

[English]

Hon. Ratna Omidvar: Thank you, minister, for being with us today. My question is about Afghanistan. I asked this question last week of Senator Gold, your representative in the Senate, and I was informed that you were seized with the issue of providing a solution to the current conundrum of the anti-terrorism code and its impact on the delivery of humanitarian and other aid on the ground in Afghanistan because if Canadian non-governmental organizations, or NGOs, or Canadians did that, they stand in danger of being prosecuted under the Criminal Code.

I want to remind you that the U.S. and the U.K., the two most security-conscious nations in the world, have made exemptions to their anti-terrorism code to provide for the work of NGOs.

Can you kindly tell me when — and it is the “when” that is important, not so much as the how — are you going to table a solution?

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you, senator, for the question. It is an important question. It is a challenge that we have faced since Afghanistan fell to the Taliban, and — I repeat — it is a matter that we are seized with. It is a complex matter and we are searching for solutions.

Obviously, I can’t get in front of the process as it’s moving forward given the way our Parliament works, but I can assure you that we are taking the matter very seriously, and that we are examining all options. I can’t say more than that.

[Translation]

Hon. Denise Batters: Minister Lametti, recently, federal judicial vacancies have ballooned to an all-time high on your watch. On September 1, there were a record 91 judicial vacancies. As of October 1, there are still 89.

The Supreme Court of Canada’s R. v. Jordan decision means that people charged with serious crimes can go free because of excessive court delays. As the Minister of Justice, you have the sole and complete control over one simple solution to that problem: Appoint more judges and appoint them now.

When I asked you about this in 2021, you blamed the election. Well, we didn’t have one of those last summer. Before that, you blamed empty judicial advisory committees, but guess what? You’re responsible for appointing those too. Victims wait months and years for justice while courtrooms sit empty.

Your government has been in power for seven years, and your excuses have worn thin. After almost four years as Minister of Justice, why are you still failing to fulfill the most basic mandate of your job?

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you for the question, senator. It is true — and frankly, it’s the only thing that is true in your question — that there are 89 judicial vacancies.

What’s important to note is that since 2017, we have created, as a government, 116 new judicial positions across Canada, including — and this is included in this number — 27 in the last budget. In fact, we’re appointing judges at a faster pace, and there will be more appointments forthcoming soon.

I can say that with the additional positions that we have created, the provinces and provincial courts are happy that we have done this. They are extremely pleased with both the quality and the diversity of the appointments that we have made, and we will continue to do so. We have appointed, as a government, over 550 judges since we took office, and I proceed at a pace of over 100 a year. That pace will continue, and with the new positions we have created, we will continue to meet the needs of the Canadian judiciary.

[Translation]

Hon. René Cormier: Good afternoon, minister. On the occasion of the 2022 International AIDS Conference held in Montreal in July, you announced that the government would launch consultations in October on the criminal justice response to the non-disclosure of HIV. Over the past five years, two extensive national consultations have been held on this topic. The most recent statement of principle to come out of these consultations, which was signed by 90 organizations, is patently clear on what needs to be done.

Minister, don’t you already have the information you need to make this criminal justice reform with respect to HIV non‑disclosure? What is the timeline for this consultation and when does your government plan to introduce a bill on this?

Hon. Brent Cotter: Good afternoon, Minister Lametti, and welcome back. We have a whole-of-government commitment to reconciliation with Indigenous peoples, centred around the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP, and the Truth and Reconciliation Commission’s Calls to Action, but we do not have an obvious whole-of-government strategy to achieve its goals.

I have some acquaintance with such an approach in one of my former lives, specifically a multi-year strategy with commitments, targets, achievements and reporting required from all of the key government departments aimed at First Nations citizens, for example. In your department, for example, strategies and actions could relate to specific levels of reduced offending, lower incarceration rates, lower recidivism, maybe 5% a year. They could also relate to health measures, education, economic opportunities and jobs. I could go on.

Can I ask whether you and our government are committed to this sort of accountable, all-of-government approach?