Senator Wallin: I will.

Senator Wallin: From most of the things that I have studied in other countries, my understanding is they have a very different view of it. It’s a decision that you make, and that’s it.

In countries like Switzerland, they’ve even allowed for — I hate to use the phrase — medical tourism, where people can go and seek an end to their life if they’re suffering and, for some reason, do not qualify in this country.

Ours is complicated. There’s no question. But I think that’s a good thing. What we are doing is really dealing with the nitty‑gritty of this. This is not a decision that anybody takes lightly. It’s not anything that a medical practitioner wants to take lightly.

Because ours is still in the Criminal Code, it makes it doubly more complicated because we’re asking people to engage as individuals or as medical practitioners in something that we’re still saying might be against the law. It’s really important that we narrow this down.

This comes home with the benefit, as I mentioned several times, of “Audrey’s Amendment” because it moved us in that direction, which is that this woman knew that she would lose her ability to give that final consent in the final moments because of the nature of her illness and so she took her own life early.

Honestly, I get calls from people every week documenting cases of friends who have made that choice because they didn’t quite qualify. They were afraid that if they waited for the moment when they would qualify, they wouldn’t be able to consent. We have that Catch-22 there for a lot of people.

We owe it to everybody to find clarity. Because we’ve come this far and because we are doing this in such a deliberate way, we don’t have a lot of international precedent. Our own provinces are wrestling with it. Quebec is doing some of the heavy lifting on this. It seems we always wait until there’s a court decision. We’re forced in one direction and then we run around and try to figure it out.

What I think we need to be doing — and this is what the committee and other groups are involved in — is to be proactive. We need to try to lay out the parameters, to give people assurance, peace of mind and confidence that we’re not doing this without serious understanding and study and putting the rules, protections and safeguards in place. That’s really what we have to do. We need to do that here, in the other place and in the courts. The medical providers have to engage in that, and they are, but we need to find some way to bring it all together. I’m hoping this will be a starting point for that discussion.

Senator Wallin: The safeguards are the same as for any Canadian — they exist in law. We are trying to put safeguards on this specific issue of advance requests that are more relevant to that particular issue. We already have the waivers of final consent and the right to do this. The laws apply to everybody.

I mentioned this in my remarks, but I think it’s important to say this: We don’t have documented cases of people who have been forced to undergo MAID. It’s almost inconceivable that a medical practitioner would engage in that without being challenged by the family and by their own medical establishment. They have very strict rules surrounding what doctors can’t do, and medical malpractice is something they’re most aware of.

If there were any such cases, they should, of course, be taken to the authorities. They should be examined. There should be action taken, if need be. But, as we’ve been hearing through witnesses and testimony, there is no evidence on that one. Thank you.

(On motion of Senator Seidman, debate adjourned.)

[Translation]

Hon. Pierre-Hugues Boisvenu: Thank you very much for your speech on Bill C-233, Senator Dalphond. I am very pleased to learn that the plan is to include training for judges on domestic violence.

I think that attitudes have changed here and in committee, because when we examined Bill C-3, I proposed an amendment to include training on domestic violence in the training for judges on sexual exploitation.

Will the bill before us ensure that this control mechanism is applied only to abusers who are awaiting trial?

Senator Dalphond: Thank you for the question, Senator Boisvenu. I knew you’d be pleased with this bill since it deals with a topic that is very important to you. At the time, you proposed at third reading stage that we amend the bill to add this element and the chamber thought it best to adopt Bill C-3 instead of sending it back to the other place because of the time at which it was adopted. You will recall that an election was called a few months later. That was perhaps the right decision in that context.

That being said, you were right to say that it would have been better to add these elements to the training. I’d be pleased to add that to the bill, as the other place suggests.

It’s true that the bill proposes only to amend the Criminal Code with respect to release orders during the trial, also known as bail orders.

Bill S-205 also includes other provisions and amendments to the Criminal Code that would apply in other contexts, including amendments to the Corrections and Conditional Release Act, that would apply when the person has served their sentence and are part of the transition and conditional release.

Senator Boisvenu: I think it’s really inefficient to have two bills with the same objective, to protect women, making their way through the Senate at the same time. The government is going to end up in a situation where it has to choose between the two.

In 85% of femicide cases, the aggressor wasn’t brought to trial. Rather than a trial, the aggressor is ordered not to approach his victim, and 85% of victims are murdered in that context. Why not immediately combine these two bills to ensure that we’re protecting the women who are truly in danger? I’m not talking about those whose aggressor will be brought to trial, but those whose aggressor will never be formally charged because he signed an order. Those are the cases where women get murdered, not when the individual is brought to trial.

Senator Dalphond: I know that politics is the art of the possible and that sometimes we must be pragmatic.

This bill comes to us from the House of Commons, where it received the unanimous support of members. We’ve been asked to consider it carefully and, if we support it, to pass it. As I stated in my speech, this doesn’t at all prevent the Senate from going further and passing your bill, which contains other measures, which will then be retained at third reading stage and sent to the House of Commons, where it could be adopted in future.

The bill we received is along the lines of what you’re proposing, but consists of two important steps. I will repeat that it’s not the end of the process, but represents two small steps that won’t put an end to domestic violence or intimate partner violence. They are two small, useful steps in a vehicle arriving from the House of Commons with unanimous support. I believe that we should seize this vehicle and deal with this bill as quickly as possible to ensure that these two small steps are taken. We must continue to study your bill and hope that the House of Commons will adopt it as well.

[English]

Hon. Denise Batters: Senator Dalphond, there was a reference made in your speech — and just a brief reference now — to Bill C-3, which was based on former Conservative Party leader Rona Ambrose’s bill. At the Legal Committee on April 1, 2021, Senator Boisvenu introduced an amendment that was similar to what the Keira’s Law part of the bill you’re talking about today does — it added domestic violence to the judicial training that would be received.

Senator Dalphond, you spoke against that amendment that day and said you believed that amendment did not meet the test of “necessity.” Incredible. You said this requirement to further educate judges on domestic violence wasn’t necessary. Senator Gold echoed your argument at Legal Committee that day and stated this important amendment was “. . . just not necessary” in his view and in the view of the Trudeau government.

I’m glad to see there’s been a change of thought because at the Legal Committee that day after those two interventions, I responded to say this:

I wanted to comment that we’ve heard two men here today, who are senators, tell us that an amendment regarding domestic violence is not necessary. Yet our witnesses, who were women and many of whom were Indigenous people who deal with vulnerable people every single day on these issues, told us that it is necessary.

Senator Dalphond, you then voted against that amendment and Senator Gold voted against that amendment. Only Conservative senators — Batters, Boisvenu, Carignan and Martin — and Senator Griffin voted for that important amendment. All other senators that day voted against it and it was defeated at Legal Committee.

This new bill we’re considering today was introduced by a Liberal MP in the House of Commons. Thankfully, it received unanimous consent in the House of Commons, as you indicated, and now you support it. In fact, you’re now the Senate sponsor of the bill.

Senator Dalphond, why didn’t you recognize the necessity of this domestic violence training for judges 18 months ago? We could have had this key provision in place helping Canadian women a long time ago.

Senator Dalphond: Thank you very much, Senator Batters, for this good question, which gives me the opportunity to say that I invite colleagues to read the transcript of the committee hearing. I opposed this amendment, but not because I was against the idea. I said that amendment at that stage would have jeopardized the adoption of that bill. We were in a minority position at the time. I said this is going forward, and said I was favourable to Keira’s Law. I’ve met with Dr. Kagan and her husband, Mr. Viater, to discuss that issue, and I explained to them that as much as I had sympathy for what they’re proposing, this amendment would mean the bill would have to go back to the House of Commons, who were done in May of 2021. As you may remember, there was an election called in the summer of 2021, and I know you and your party were of the view that it was an unnecessary election. If we had followed your proposed course of action, we would not have had that bill passed.

Second, I explained at the committee — and I think I also said it in the house; we can read the transcript. I remember well that debate because I was not against the principle, but I said the social context is used in that bill that we had before us and the Supreme Court has defined social context as including domestic violence. I said this is not explicitly covered, but it is incidentally covered. I thought it would be the right message to send to judges without jeopardizing the success of that bill.

I’m glad to say today I haven’t changed my mind. I still support Keira’s Law, and I’m pleased — if they are watching tonight — to thank them for their continuous efforts to have this adopted. I will gladly support it. I was never opposed to it. But time is of the essence and, unfortunately, on that matter, I think history has shown we are right to be more prudent than not.

[Translation]

Senator Martin: While Canadians will struggle to heat their homes, the impact of rising fuel costs and, by extension, food prices in Indigenous communities will be staggering. Food prices in remote Indigenous communities are already up to 2.5 times higher than the national average, and rising fuel prices will compound inflation’s toll on Indigenous families. While the minister monitors the situation, Indigenous families will have to get by with less food and heat this winter.

Senator Gold, what plans does the government have to address the increased pressure facing Indigenous communities this winter?

Hon. Marilou McPhedran: Honourable senators, I rise this evening because Inquiry No. 3 is a means through which Senator Yvonne Boyer has given us a welcome opportunity to recognize the important contributions that Métis, Inuit and First Nations have made to Canada and the world.

[Translation]

As a senator from Manitoba, I recognize that I live on Treaty 1 territory, the traditional lands of the Anishinaabe, Cree, Oji-Cree, Dakota, and Dene, and the homeland of the Métis Nation.

[English]

I acknowledge that the Parliament of Canada is situated on the unsurrendered territory of the Anishinaabeg and Algonquin First Nations.

I thank Senator Boyer for this initiative. We can all learn much from the resilience and brilliance demonstrated by every generation of the founding peoples of Turtle Island, often in the face of massive systemic discrimination and illegality of every kind.

I’m pleased to take this opportunity to present to you the work of three truly remarkable, awesome Indigenous women: Teara Fraser, Leslie Spillett and Diane Redsky. I speak from experience and can assure you that all three of these strong Indigenous women leaders are admirable examples of success on their own terms. All are role models for leadership grounded by deep‑rooted Indigenous values, reflected in who they are, what they do and how they do what they do.

Honourable colleagues, the first woman I would like to recognize is Teara Fraser, a proud Métis woman who brings her passion for aviation to her work and volunteerism every day. As Teara started out her career in this heavily White‑male‑dominated industry, she dreamed of a more diverse workplace with better working conditions, and she continues tirelessly to make it happen through her own airline.

In 2019, Teara launched Iskwew Air, her own Indigenous, female-run airline based at Vancouver International Airport, currently the only Indigenous business in the airport. Iskwew is a Cree word for “woman,” and it represents her desire to empower and celebrate female leadership. The airline aims to support Indigenous tourism and to improve accessibility to remote Indigenous communities in British Columbia and neighbouring provinces and territories.

Teara has instilled in her business some of her ancestral values. For example, Iskwew Air is committed to becoming a carbon‑neutral company. They do so by calculating their operating greenhouse gas emissions, working on reducing them and offsetting the difference. Such an initiative shows care for the air and the land. It also demonstrates innovation in addressing environmental concerns.

Another notable contribution is Teara’s work during the COVID-19 pandemic. Her airline supplied essential goods to remote Indigenous communities affected by COVID, often at greatly reduced prices.

Teara is a wonderful model for bringing feminine energy, creativity and tenacity to innovative leadership. Logically, Teara was recently celebrated as the Businesswoman of the Year at the 2022 BC Tourism and Hospitality Awards in British Columbia.

Honourable senators, the next woman I would like to recognize is Dr. Leslie Spillett. Born in northern Manitoba, her maternal ancestry is Cree from Cumberland House and Opaskwayak Cree Nation and Red River Métis, and her paternal ancestry is Irish and Scottish.

Leslie is a formidable community activist and advocate, with far-reaching initiatives serving Indigenous and non-Indigenous Manitobans. Leslie founded Ka Ni Kanichihk, a leading Indigenous organization supporting women and their families through trauma-informed, culturally attuned educational programs and development services. Ka ni kanichihk is Cree for “those who lead,” and it’s often called a “second home,” a place to belong, a place to find purpose and a learning hub.

Leslie was also one of the principal founders of Mother of Red Nations Women’s Council of Manitoba and has worked in an executive capacity at the Native Women’s Association of Canada. Her initiatives also include support of Aboriginal youth achievements, traditional knowledge and the status of Indigenous women, spoken in very blunt terms.

Leslie was one of the first advocates for missing and murdered Aboriginal women in Canada, and she raised the issue through international forums long before the National Inquiry into Missing and Murdered Indigenous Women and Girls, on which our colleague Senator Michèle Audette served with such distinction.

After some deliberation on her part, Leslie decided to accept an honorary doctorate of laws from the University of Winnipeg in 2011. In 2012, she was inducted into the Order of Manitoba. Leslie’s courage, dedication, initiative and tenacity are an example for all of us.

I’m now honoured to recognize and acknowledge Dr. Diane Redsky, a strong advocate for Indigenous rights in health, education and social services, especially for the many Indigenous women and children who face barriers to actually living their rights and to actually accessing these services in a helpful way.

Diane has been serving as Executive Director of the Ma Mawi Wi Chi Itata Centre, known in the community as Mamawi, for many years and has recently announced her retirement as of this December. Mamawi houses more than 50 programs operating in far-ranging Indigenous communities aimed at creating meaningful opportunities for community and family involvement, building on innate strengths and drawing from Indigenous skills to amplify healing and reconciliation within Indigenous families, within their communities and having this kind of healing benefit the community of the whole.

Mamawi’s vision brought together community members in 1984 who wanted to rebuild families through Indigenous solutions. This vision is carried and sustained today under Diane’s leadership, making Ma Mawi one of the largest Indigenous-led and -staffed social service organizations in all of Canada, and she has secured a succession plan that will ensure this vision will continue to be made real.

Diane is devoted to combatting human trafficking and violence against women and girls and 2SLGBTQI people. For five years, Diane stepped away from Ma Mawi to be the project director for the National Task Force on Sex Trafficking of Women and Girls in Canada, which was not started by government. Rather, it was funded by individual women philanthropists through The Canadian Women’s Foundation and became the catalyst for increased government responsiveness, publishing a highly significant report containing 34 recommendations to end sex trafficking in Canada.

Diane’s contributions have not gone unnoticed, as she was awarded the Queen Elizabeth II Diamond Jubilee Medal, the Governor General’s Award in Commemoration of the Persons Case, the Senate 150th Anniversary Medal, the YWCA Women of Distinction Award, and she has been made a member of the Order of Manitoba and received an honorary doctorate from the University of Winnipeg.

In our society, we pay attention to titles in front of names and letters after names because they signify for us that the holder has achieved distinctions that we value and respect. These three remarkable women have all of those honours, but they also have the invisible medals that matter the most — the deep respect, love, appreciation and dedication of their communities in their provinces, joined by allies and supporters throughout Canada and other countries.

Colleagues, I invite you to join me in celebrating these amazing Indigenous women leaders, and as Senator Boyer has invited us through her inquiry for “recognizing the contributions that Métis, Inuit and First Nations have made to Canada and the world,” let’s find and recognize many more and place them on the Senate record. Chi-meegwetch. Thank you.

(On motion of Senator Duncan, debate adjourned.)

Hon. Scott Tannas, pursuant to notice of October 6, 2022, moved:

That, notwithstanding any provision of the Rules or previous order, the Honourable Senator Smith take the place of former Senator White as one of the members of the Standing Committee on Ethics and Conflict of Interest for Senators.

The Hon. the Speaker: Is it your pleasure, honourable senators, to adopt the motion?