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Decentralized Democracy

Senate Volume 153, Issue 70

44th Parl. 1st Sess.
October 18, 2022 02:00PM
  • Oct/18/22 2:00:00 p.m.

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of the family members of our new senator: her spouse, John Osler; her daughter, Juliana Osler; her son, Colin Osler; and her mother, Flordeliza Sharma. They are the guests of the Honourable Senator Osler.

On behalf of all honourable senators, I welcome you to the Senate of Canada.

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Senator Simons: It is curious, as somebody who is charged with the task of chairing the hearings, that you should do this. You have heard the same witnesses I have, Senator Housakos, and, to the best of my recollection, not one of them has described Bill C-11 in the terms you used in your letter to Mr. Haggart. I’m wondering where you see in the text of the bill anything that would control what Canadians say online or would censor their free speech.

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The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of Evgenia Kara‑Murza, Project Manager of the Free Russia Foundation; the Honourable Irwin Cotler, former Minister of Justice and Attorney General; and Brandon Silver, Director of Policy and Projects at the Raoul Wallenberg Centre for Human Rights. They are the guests of the Honourable Senator Dalphond.

On behalf of all honourable senators, I welcome you to the Senate of Canada.

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The Hon. the Speaker: Honourable senators, there have been consultations and there is an agreement to allow a photographer in the Senate Chamber to photograph the introduction of a new senator.

Is it agreed, honourable senators?

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The Hon. the Speaker: Honourable senators, I have the honour to inform the Senate that the Clerk of the Senate has received a certificate from the Registrar General of Canada showing that Flordeliz Osler has been summoned to the Senate.

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Hon. Senators: Hear, hear!

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Hon. F. Gigi Osler, of Winnipeg, Manitoba, introduced between Hon. Marc Gold, P.C., and Hon. Mary Jane McCallum.

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The Hon. the Speaker informed the Senate that the honourable senator named above had made and subscribed the Declaration of Qualification required by the Constitution Act, 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness the said declaration.

[English]

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The Hon. the Speaker having informed the Senate that there was a senator without waiting to be introduced:

The following honourable senator was introduced; presented His Majesty’s writ of summons; took the oath prescribed by law, which was administered by the Clerk of the Senate; and was seated:

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Senator Plett: Senator Gold, my question was a very simple one, and it required a yes or no answer. You didn’t even touch on that. Yesterday, you said the government agrees that there was a failure in the vetting process. You alluded to that again. But will you agree that was not the only failure? There was clearly a failure by the Prime Minister and the minister to publicly condemn the comments.

Is your government prepared to specifically address the 30-day delay — not your talking points — in condemning the comments? Or will the government try to put their head in the sand, as always, in hopes that the situation will go away on its own?

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The Hon. the Speaker: Honourable senators, I have the honour to table, in both official languages, the fall 2022 reports of the Commissioner of the Environment and Sustainable Development to the Parliament of Canada, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 23(5).

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Senator Martin: Mr. Ken Sim, the mayor-elect, did make history: he is the first Asian and Chinese-Canadian mayor of Vancouver. He brings renewed hope for the future to one of the greatest cities in Canada and the world.

Senator Gold, what exactly will the Trudeau government do to concretely help Mayor Sim reduce crime and build more affordable housing?

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Hon. Leo Housakos: Yes, it is very clear. First, it is important to understand that there are some differences between the Senate and the House of Commons. A committee chair, like the Speaker of this chamber, is not a referee. They are a regular member of the chamber. I do not know whether most senators are aware of this or not, but the Speaker has the right to vote and express their opinion on political issues.

The chair of a committee has the same rights, privileges and responsibilities. The chair of a Senate committee has the right to vote, to express their opinions and to ask questions. They also have the right to be against a bill. That is nothing new or out of the ordinary. That is the way things have worked for years. If senators want to change that rule or procedure, then let me know, but for now, I am upholding the tradition and rights that have applied here for a very long time.

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Hon. Yonah Martin (Deputy Leader of the Opposition): My question is also for the Leader of the Government. This weekend, the voters of Vancouver sent a clear message: They are done with the radical policies of the Prime Minister and the NDP mayor. They are fed up with the violence, the overdose deaths and the overpriced housing market. Voters in Vancouver have said, “Enough.” They have fired the NDP mayor and rejected the radical policies — and, instead, they voted to remove the gatekeepers, build more affordable homes and bring in common sense laws to restore safe streets.

Senator Gold, will your government get the message and correct the failed policies that have contributed to the growing concerns of safety and security in the streets and communities of Vancouver and Metro Vancouver?

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Senator Gold: No, I was not saying that everything is okay.

I regret that we still have the vacancies that we do. I look forward eagerly to announcements. It is, unfortunately, the case that the situation in every province differs and that, in some cases, the committees were slow to be constituted. As a result, the process has taken longer. I am choosing not to name names, because that would be unfair.

The process has more levels and layers to it, and is somewhat more time-consuming than previous processes. I join you in looking forward to filling our vacancies as quickly as possible.

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

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Hon. Marilou McPhedran: This is a pleasant surprise. My question is to Senator Gold, please.

Recently, I had the honour of co-hosting with Senator Lynn Ruane of Ireland an international round table, the first of its kind, that brought together lawmakers from many different countries who are leading in making new laws to address the misuse of nondisclosure agreements, or NDAs, that are used against victims of harassment and sexual misconduct in private and public workplaces, including publicly funded universities.

A report from Employment and Social Development Canada found in 2017 that 60% of women reportedly experienced sexual harassment in the workplace. As demonstrated by Hockey Canada, NDAs are often used to gag victims of sexual misconduct in the interests of the institution perpetuating the violating behaviour.

My question today is focused on the International Labour Organization’s Convention No. 190 entitled Eliminating Violence and Harassment in the World of Work. The International Labour Organization adopted this in 2019 as the first international treaty to recognize the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment. Twenty governments have ratified this convention, Senator Gold, but Canada has not. The Canadian federal government has no clear legislation to identify, regulate and stop the misuse of NDAs.

My question is: When will Canada adopt ILO Convention No. 190 and join these countries to start putting in place the necessary laws and policy measures to more effectively prevent violence and harassment in the world of work?

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Senator Plett: Let me clarify that: It will help those who are not the poorest people more than the poorest people. You’re right: Someone earning $30,000 a year is by no means rich, but it will help somebody earning $30,000 more than it will help somebody earning $10,000.

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Senator Gignac: For the record, I disagree with your last sentence that this bill will help the rich more than the poor. It’s limited because people who earn more than $30,000 a year do not have access to this GST reduction.

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Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. As has been mentioned several times, nobody is trying to hide information as such. The disclosure of confidential contract information would be a violation of agreements between the government and suppliers. This is standard practice, obviously. I am not ashamed, and neither is the government.

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