Hon. Renée Dupuis: Minister of Transport, welcome to the Senate. On April 30, 2021, you and the Minister of Labour appeared before the Senate in Committee of the Whole when we were examining a special bill to provide for the resumption and continuation of operations at the Port of Montreal. At that time, I asked you whether the port’s specific governance structure was part of the reason why the very long and difficult negotiations between the parties had stalled. You answered as follows:

 . . . we are currently in the process of reviewing the port structure. There is a proposal that we’re studying to modernize how ports are governed, and we’re certainly always looking for ways to enhance the governance structure.

On December 16, 2021, the Prime Minister gave you the following responsibility in your mandate letter:

Complete the Ports Modernization Review with an aim to update governance structures that promote investment in Canadian ports.

Minister, I would like to know how far you’ve gotten with the review of the Canadian ports governance structure, especially for the Port of Montreal. You received a proposal to modernize the governance structure. Did you approve it? Where are you on this file?

[English]

Hon. Omar Alghabra, P.C., M.P., Minister of Transport: Thank you, senator. Let me start by saying that our government is always reluctant to interfere in a collective bargaining process. We support the legitimacy and importance of this process. At that time, we — reluctantly — felt it was necessary to intervene.

To answer your question directly, the legislation is in its final stages. I am hoping that it will be tabled before the end of the year. I am looking forward to debating about it in the House of Commons. After that, obviously, I’m looking forward to receiving input and suggestions from you. It doesn’t even need to be after that. It could be during the process while it is in the House of Commons. I look forward to your input and feedback on the proposal that we will be tabling before the end of the year.

Hon. Omar Alghabra, P.C., M.P., Minister of Transport: Thank you, senator, for that question. Marine Atlantic is an incredibly important service to our fellow neighbours in the Atlantic provinces. Our government continues to support this service, particularly during difficult times — during COVID. As for your question, I need to get back to you about whether that was a particular decision made by Marine Atlantic. It is, after all, an independent body that makes its own decisions based on its operational considerations. I’ll need to get back to you on that question.

[Translation]

Hon. Omar Alghabra, P.C., M.P., Minister of Transport: Thank you, senator, for that question. The situation at our airports during the summer was unacceptable. The hours of delay, flight cancellations, shortage of labour and stories of people sleeping at airports were unacceptable.

Canadians saw that, because of the pandemic, there were significant layoffs in the aviation sector — not only in Canada but around the world. With the surge back in demand, labour shortages caused a significant impact on that operation. However, we didn’t hesitate, as a government, to step in and take action. We quickly worked with airports and airlines to identify some bottlenecks that we could immediately address. We have carried out several measures, including expediting the hiring of Canadian Air Transport Security Authority employees; working with NAV CANADA, the air traffic controllers, on identifying efficiencies; automatically renewing expired security access cards to airport workers; and working on other bottlenecks.

Today I’m happy to say that the performance is much better. It does compare to pre-pandemic levels, but we should never let these lessons learned go by without taking action. Soon I will be inviting stakeholders from airports to airlines to a summit where we will discuss lessons learned from this episode and find out what else we can do as an industry and as government to address these things so that we are much better prepared, much more efficient and much more competitive for Canadian travellers.

Hon. Amina Gerba: Honourable senators, I rise today to underscore the tremendous importance of this week’s visit to Canada by Moussa Faki Mahamat, Chairperson of the African Union Commission. Equally important are his meeting with the Prime Minister, the Right Honourable Justin Trudeau, and the high-level dialogue to take place between our illustrious guest and Ministers Joly, Ng and Sajjan.

I want to celebrate this historic visit by a chairperson of the African Union Commission. Such a visit has never taken place in our country.

With its 55 member countries, the African Union symbolizes the coordination of development efforts, the safeguarding of sovereignty and territorial integrity, the promotion of international cooperation and especially Africa’s economic integration. It is an essential partner and the chairperson’s visit to Canada is an opportunity for our country to make up for lost time in our relationship with this continent that is in the throes of progress.

Colleagues, the government must significantly boost its diplomatic presence on the continent, take advantage of the assets and the weight of the African diaspora, which the African Union Commission has identified as the continent’s sixth zone, implement measures to promote trade and investment in Africa and work on a future free-trade agreement between Canada and Africa that will give our businesses access to one of the world’s biggest markets, whose 1.3 billion consumers will become 2.5 billion in 2050.

Honourable senators, again, I’m delighted that the Chairperson of the African Union Commission is in Canada. I hope this will lead to some very positive outcomes for our country.

Thank you.

Hon. Senators: Hear, hear.

[English]

Hon. Denise Batters: Honourable senators, I rise today to pay tribute to the Canadian Forces 431 Air Demonstration Squadron, Canada’s beloved Snowbirds, as they celebrate their fiftieth anniversary.

The iconic Snowbirds are at the very heart of our proud Canadian military tradition. They hail from Canadian Forces Base, or CFB, 15 Wing Moose Jaw, Saskatchewan — a city very near and dear to my heart and home.

My late husband, former MP Dave Batters, was a huge fan of the Snowbirds. As Moose Jaw’s MP, Dave promoted and encouraged the Snowbirds through triumph and tragedy. In return, they viewed him as their guardian in Parliament. They presented him with a precious Snowbirds coin in recognition of that.

I was honoured to attend the Snowbirds’ fiftieth-anniversary celebrations last weekend in Moose Jaw. I took that Snowbirds coin with me to the anniversary dinner, and I have brought it with me here today.

The weekend started with a Snowbirds flyover of Moose Jaw by the current team, which thrilled the hometown crowd below. Members of former Snowbirds teams from the last 50 years gathered for a reunion one night and a golden anniversary dinner the next. I saw many old friends from former Snowbirds teams and 15 Wing Moose Jaw, and I met many impressive men and women who have served our country with distinction.

I was excited to meet the very first female Snowbirds pilot, Maryse Carmichael, who later became commanding officer of the Snowbirds. What an inspiration she has been to women in the military.

I also met the current Commanding Officer of the Snowbirds, Denis Bandet, who is originally from Regina. He joked that he joined the military to see the world and ended up spending most of his military career just down the highway in Moose Jaw.

The squadron is a magnificent recruitment tool for the Canadian military. Many former Snowbirds recount how, as kids, they were inspired to become pilots after seeing this incredible team perform, or getting a Snowbirds pilot’s autograph after an air show.

The Snowbirds are inspiring because they are a little bit of magic. They make the impossible possible.

Honourable senators, I hope you have all had the chance to experience the awe of the coloured smoke and roaring engines as the Snowbirds fly in formation over Parliament Hill on Canada Day, or at your local air show. It’s a mighty rumble that makes your heart and imagination soar.

Early in the pandemic, the Snowbirds flew across Canada in Operation INSPIRATION — a tour to raise Canadians’ spirits during a time of uncertainty and isolation. When they flew over my home in Regina, I was on my back deck. I threw up my arms, and I yelled, “Yay, Snowbirds!” It is impossible not to respond with childlike delight where the Snowbirds are involved.

For 50 years, the Snowbirds have amazed and inspired us — a potent Canadian symbol of hope and freedom. But despite the excellent skill of their aviation and avionics technicians, the Tutor jets need to be replaced soon. The federal government needs a plan, now, to secure and procure new planes for this Canadian gem. Let us help the Snowbirds soar high for the next 50 years. Thank you.

[Translation]

Hon. Mary Coyle: Honourable senators, I rise today to thank and celebrate Louise Bernice Halfe — Sky Dancer — as she completes her term as the ninth Parliamentary Poet Laureate.

Ms. Halfe is a Cree elder, an accomplished literary figure, a social worker and a survivor of Blue Quills residential school in Alberta. I want to honour her by reading a powerful poem she wrote for our Senators for Climate Solutions group.

The poem is called Climate Change.

ni-capan, nosomis, — great grandchild, grandchild

this is all I have to offer these days

when the aski — earth

suffers.

Our people have always known

the aski — earth talks.

It is best to listen.

Offer tobacco

to mistassini

Lay your ear,

your hand,

against the rock.

Listen.

She will share

how we think of her

as blind.

Yet,

like water-life

she sees through

the silk screen

of her closed eyelids.

Pebbles that children collect

giggle in their pockets.

Remember. This was once

you.

Offer tobacco.

Curl your body

around the trunk of

a mitos — tree.

Listen. She will tell you

how she breathes for us.

How her medicines

can restore your lungs.

She will show you

Where you were born,

her many umbilical cords

rooted into the earth.

Generations of her children

reaching for their dreams.

Plant her babies.

Offer tobacco.

To the iskotew — fire. Feel her warmth.

Watch her dance. Know

she was the one who lit-up

when you were born.

She is the one who fuels

your love, your joy, your anger.

She encourages you

to use her with care.

Urges you toward your dreams.

She is the one

who speaks through

your eyes.

Offer tobacco.

To nipi, water.

The one we reach for

when the sun scorches

our breath. She will tell you

how she planted the seed

from your father’s body,

travelled in the darkness

to gush from your

mother’s womb. She will

ask for the droplets

that fall from the sky

to land on your tongue

as you dance in her rains.

Offer tobacco.

To yotin, wind.

She will sing, roar, murmur.

She carries all ancestors,

brings them to us,

the living soul

that we travel with.

She holds hands

with the earth, releases

waters, makes

room for fire when we

are delivered from the womb.

Offer tobacco.

Spread it in the garden,

where aski- the earth

waits

to greet

all of us.

These ni-capan, nosomis, — great grandchildren, grandchildren

our grandmothers,

grandfathers, always work

together, hold their hands

to deliver

our lives.

Thank you, Louise Halfe — Sky Dancer for this beautiful poem and for all that you do and for who you are. Thank you.

[Translation]

Hon. Percy Mockler: Honourable senators, I want to talk about something that I care a lot about and that is Food Banks Canada. First, I want to congratulate Philippe Ozga and his wonderful Canadian team across the country for their leadership in Food Banks Canada.

I want to share that my sister and I grew up with a single mother and lived on social assistance until I was 20 years old. At the time, we called it welfare. I would never have believed that I would be here in the Senate of Canada today to discuss a subject that involves everyone: poverty.

[English]

Food Banks Canada revealed alarming and very disturbing statistics today that I want to share with you.

Honourable senators, food bank use is up 35% from 2019 and 15% since 2021. This increase represents the highest monthly food bank use in Canadian history, with almost 1.5 million visits in the month of March 2022. The increase stems from the existing weaknesses of our social safety net that have been worsened by inflation. Having a job no longer guarantees food security. Overall, honourable senators, one in five visitors at food banks are members of the labour force.

It is recommended by Food Banks Canada that our affordable housing crisis needs immediate and long-term solutions to face poverty. As more people continue to struggle at unprecedented rates, affordable housing supplies are still eroding and are being built too slowly. It is also recommended by Food Banks Canada that, as low-income workers flood food banks, Canada needs new policies that guarantee those who work will always have enough money to put food on their tables.

As I conclude, food insecurity and poverty must get special attention in northern and remote parts of Canada. All governments across Canada need to make our communities better places to work, better places to raise our children, better places to live and better places to reach out to the most vulnerable. Yes, we can do it. Canada can do it with steadfast political leadership.

Hon. Paula Simons: Honourable senators, I have the honour to inform the Senate that pursuant to the orders adopted by the Senate on February 10, 2022, and September 27, 2022, the Standing Senate Committee on Agriculture and Forestry deposited with the Clerk of the Senate on October 27, 2022, its sixth report (Interim) entitled Treading Water: The impact of and response to the 2021 British Columbia floods and I move that the report be placed on the Orders of the Day for consideration at the next sitting of the Senate.

(On motion of Senator Simons, report placed on the Orders of the Day for consideration at the next sitting of the Senate.)

[Translation]

Hon. Senators: Hear, hear!

Hon. Paula Simons: Honourable senators, yesterday morning, a small man with a great heart was laid to rest in the Jewish Cemetery of Victoria. Myer Horowitz was 89. He was a teacher, an academic and a champion of early childhood and primary education.

Born in Montreal, he earned a PhD at Stanford University before beginning his academic career at McGill, but in 1969 he moved to Edmonton to become Chair of the University of Alberta’s Department of Elementary Education. He later served as Dean of Education and Vice-President (Academic) before taking on the role of President, a position he held from 1979 to 1989.

University presidents are not typically beloved by their student body, but Myer Horowitz was a most unusual president. When news of his death broke this week, Allen Panzeri, a long-time sports writer, wrote on Twitter:

When I was covering the Golden Bears hockey team for the Edmonton Journal, a frequent companion in a lonely press box was Myer Horowitz.

Now, I was not a hockey player. It probably won’t shock you that I was instead an active member of the U of A debate club. I remember asking the president’s office if they could provide some support for a big tournament we were hosting. I was delighted and surprised when President Horowitz himself gave up a chunk of his weekend to judge at the tournament and present the trophy to the winning team.

I was even more touched that after that one meeting, he never forgot me and sent me notes of congratulations and support for decades as my career progressed. That’s just how he was.

Dr. Horowitz presided over a golden age at the U of A, building world-class schools of engineering, medicine, business, science and the arts. But he also earned the love and loyalty of students all across campus. He was a visionary and a mensch, so much so that when he retired in 1989, the student community voted to rename the student union theatre space as the Myer Horowitz Theatre.

He earned nine honorary doctorates and an Order of Canada, but I’d like to think the Myer Horowitz Theatre was his truest honour.

The doctor and his wife, Barbara, retired to Victoria in 1998, though his retirement was far from retiring. He became an adjunct professor at the University of Victoria where he helped to found the UVic Centre for Youth and Society.

Throughout his life, right to the very end, he remained a passionate supporter of teachers and students, a dedicated volunteer with organizations that supported them and a sharp and publicly outspoken critic of provincial government policies that he felt compromised classroom education.

May his memory be a blessing to his wife, Barbara, his daughters, Debbie and Carol and all his friends and family. His memory will forever be a blessing to the University of Alberta, to Edmonton and to Alberta, the province he loved. Thank you very much.

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, I have the honour to table the answers to the following oral questions:

Response to the oral question asked in the Senate on June 9, 2022, by the Honourable Senator Boisvenu, concerning violence against women.

Response to the oral question asked in the Senate on September 27, 2022, by the Honourable Senator Plett, concerning Indigenous consultation.

(Response to question raised by the Honourable Pierre-Hugues Boisvenu on June 9, 2022)

The safety of women and girls is a priority for the Government.

We are working to develop a National Action Plan to address gender-based violence that builds on the foundation laid out in our 2017 strategy. Budget 2022 announced over $539 million to support provinces and territories to implement the National Action Plan and Budget 2021 provided over $48 million for independent legal advice and representation programs for victims of sexual assault and intimate partner violence.

In 2018, former Bill C-51 amended the Criminal Code to strengthen Canada’s sexual assault laws. In 2019, former Bill C-75 enacted amendments that strengthened criminal laws on intimate partner violence, with the goal of enhancing victim safety. In 2019, former Bill C-78 made changes to family laws, including several amendments to the Divorce Act to address family violence. Of note, the Divorce Act now includes a definition of family violence that is based on social science research and that refers to any conduct that is violent, threatening or a pattern of coercive and controlling behaviour, or that causes a family member to fear for their safety. In 2021, former Bill C-3 enacted provisions to enhance judicial education on sexual assault law and social context.

(Response to question raised by the Honourable Donald Neil Plett on September 27, 2022)

The government met with Indigenous peoples in the context of Bill C-11 (Online Streaming Act). The Bill was introduced in February 2022, which is similar to former Bill C-10 passed in the House of Commons in June 2021. The government sought to respect the work of parliamentarians in the last session of Parliament.

As such, C-11 built on consultation and engagements with Indigenous partners, communities and stakeholders that contributed to the policy development of Bill C-10 through meetings as part of the Broadcasting and Legislative Review Panel (2018-2019), engagements in Toronto, Winnipeg, Montreal and Vancouver in 2020, meetings with National Indigenous Organizations in 2021, as well as Indigenous industry stakeholders, such as the Indigenous Screen Office and Aboriginal Peoples Television Network.

When C-11 was tabled, the Department of Canadian Heritage met with National Indigenous Organizations. Further meetings are anticipated as the bill moves through Parliament.

Hon. Colin Deacon: Honourable senators, pursuant to rule 5-10(2), I ask that the notice of Motion No. 84 be withdrawn.

Some Hon. Senators: Hear, hear.

On the Order:

Resuming debate on the motion of the Honourable Senator McPhedran, seconded by the Honourable Senator White, for the second reading of Bill S-201, An Act to amend the Canada Elections Act and the Regulation Adapting the Canada Elections Act for the Purposes of a Referendum (voting age).

(On motion of Senator Patterson, debate adjourned.)

On the Order:

Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Wells, for the second reading of Bill S-231, An Act to amend the Criminal Code, the Criminal Records Act, the National Defence Act and the DNA Identification Act.

Hon. Brent Cotter: Honourable senators, I rise to speak to Bill S-231, as sponsored by Senator Carignan. I speak in support of the bill with two significant reservations that I hope will be studied at committee.

I see this bill as a contribution to the improvement of the administration of criminal justice in Canada and a contribution to public confidence in law. You all know the challenges: wrongful convictions, wrongful acquittals, et cetera. My remarks are divided into five parts for two reasons: first, to keep me on track; and second, more important, so you can know, perhaps with relief, when I’m getting near the end.

First, an account of law in everyday life. Rod Macdonald, former dean of law at McGill University and now, sadly, deceased, a giant in legal education, wrote an insightful book a number of years ago entitled, Lessons of Everyday Law. He did not use the example I’m about to share with you, but I do want to give you an example of law in everyday life associated with me and my children and perhaps yours. The example is, in a roundabout way, associated with this bill.

When one of my children appeared to have done a bad thing, usually my son, I wanted to find out what happened and perhaps to impose a sanction. I didn’t let him “take the Fifth.” I didn’t require proof beyond a reasonable doubt. Law in everyday life in our household didn’t exactly follow the rules of the criminal law or the Charter of Rights and probably does not in your household either. Unlike that, the criminal law is not quite law in everyday life.

My second point is the criminal law and the frailty of evidence in criminal cases. As we know, in criminal proceedings, various procedural protections are made available to persons accused of crimes. As well, the admissibility of evidence is complicated. The standard of proof for a conviction is high: proof beyond a reasonable doubt. Given the consequences of the finding of guilt and the deprivation of liberty, it is a high standard, justifiably so, and it has been a standard in the criminal law for a very long time. It’s different from what happened in my household, but justifiable, I think.

Most commonly, evidence is introduced to establish a person’s guilt by viva voce evidence — people’s oral testimony based on people’s memories, recollections and veracity. Many research studies have shown the fallibility of people’s memories and how often, even without malice, they fail to observe or misremember the true story.

All of us have experienced this. Let me offer one embarrassing personal example — at least embarrassing to me.

I’m a golfer, but not a very good one. I played golf one time at a very nice golf course, and I had what I thought was, for me, a very good score. Over the years, I recollected that score, and the number got lower and lower as time went on, and I came to believe I had gotten that lower score. Some years later, I encountered the golf score card that you write your scores on, and I was shocked that I had gotten in reality a much higher score than I thought. Human fallibility, I hope.

As well, for the decision maker, the judge or jury in criminal law matters, our ability to detect veracity — whether a person is telling the truth or not — is remarkably fragile. The evidence regarding judges’ and others’ inability to distinguish liars from truth-tellers is striking.

Some years ago, I attended a major judicial conference in Victoria, organized by our colleague, Judge Arnot, as he was known then. One session was dedicated to simulations to identify liars from truth-tellers. I was terrible at it. But I took some consolation, ironic upon reflection, that the judges taking the exercise were just as bad as I was.

Indeed, I have another friend, a former judge, who cynically used to say, “Most criminal cases are decided on a balance of perjury; that is, whoever tells the best lies — and tells them best — wins.”

My point here is not to demean the criminal justice system or judicial decision makers but, rather, to underline the challenges the system presents in getting it right. Part of the fault is not in the stars, but in ourselves and in our own human fallibility.

My third point is David Milgaard and the argument for DNA science.

Most of us are aware of the story of the tragic, wrongful conviction of David Milgaard for murder, and the heroic life he led after he was exonerated. Here is a little bit about that story.

After Mr. Milgaard’s conviction was set aside, he remained in no man’s land: His conviction was overturned, but his name was not cleared. Even the then minister of justice opined during this time, unfortunately and unwisely, that he thought Mr. Milgaard was guilty.

A wide-ranging review was undertaken, but it did not move the needle on the guilt — or innocence — of Mr. Milgaard. In my opinion, we are liable to have been stuck there if not for DNA.

There was a small amount of badly degraded bodily fluid on the clothing of the deceased victim, Gail Miller, believed to be semen from a sexual assault committed upon her, prior to her brutal murder. At the time, it was believed that, given the degradation of the bodily fluid over some decades, there was, at best, a 20% chance of the DNA analysis definitively identifying the perpetrator.

I was the Deputy Attorney General of Saskatchewan at the time. The clothing with the bodily fluid was notionally in my possession. I was urged — strongly in some quarters — that, because of the high degree of likelihood of no result due to this degradation, I should not agree to the DNA testing. I ordered the material to be tested.

Science brought us a definitive answer. The DNA tests, and only the tests, definitively exonerated Mr. Milgaard and led to the conviction of the true perpetrator, Larry Fisher.

Colleagues, I’ve made some good decisions in my career, and I’ve made some bad ones. My decision, contrary to advice, to have that DNA testing done was, I think, the best professional decision I ever made.

I’ll direct our discussion to Bill S-231. While some Canadians may not be aware of this, presently judges are empowered to order the taking of DNA from an adult or youth, who is convicted of certain offences, and have that DNA placed in a data bank. The power to do this has been upheld in the courts.

Building on this process, Bill S-231 proposes to amend the Criminal Code, Criminal Records Act, National Defence Act and DNA Identification Act, with a view to increasing the number of DNA profiles in that bank.

Proponents of the bill argue that increasing the DNA samples available increases the chances that the police will find a match and, in turn, provide meaningful scientific evidence associated with a crime — essential evidence to identify perpetrators.

This legislation would significantly broaden our ability to collect DNA by broadening the list of offences, known as designated offences, for which DNA collection is allowed. It would automatically allow the collection of DNA from all adult offenders and youth offenders convicted of virtually all serious offences under the Criminal Code and other acts — offences punishable by imprisonment of five years or more.

The legislation would also restrict judicial discretion, limiting the circumstances in which judges could refuse to grant a collection order.

In the interests of improving outcomes in the administration of justice, with minimal impairment on the rights of offenders, I support this initiative. I believe it will make a contribution to the quality of investigations and decision making in the criminal justice process, and I believe it will use science — in a good way — to help us get things right more often.

I turn to my final point, which is a qualification, or reservation, I have about the bill — one of two reservations. One is collections on arrest, but I will speak here to familial searching.

While the legislation keeps anonymity safeguards in place under the code and the DNA Identification Act, this bill does go further. In certain circumstances, it allows use of the bank for what is called familial searching, which would allow Canadian police to identify suspects — by the DNA left at the crime — by comparing them with a biological relative whose material is in the DNA data bank. Concerns have been raised about this here, years ago, and, more recently, in papers that have been written.

I have reservations about familial searching. It’s a privacy issue. It has a Big Brother aspect, and that makes me uncomfortable. The Assistant Privacy Commissioner of Canada said in a precise, poignant quote about a dozen years ago: “. . . does being the relative of a convicted offender decrease a law abiding citizen’s right to privacy?” I don’t have a definitive answer on that, but I think it’s an important question for us to study.

I am hopeful that, when the bill is studied at committee, this aspect will also be scrutinized — and that my discomfort will either be laid to rest or confirmed.

The bottom line, for me, is that Senator Carignan’s work in this area, and this bill in particular, will be a positive contribution to the administration of justice. It deserves to be supported and studied at committee in a timely way.

Thank you.

(On motion of Senator Petitclerc, debate adjourned.)

On the Order:

Resuming debate on the motion of the Honourable Senator Klyne, seconded by the Honourable Senator Harder, P.C., for the second reading of Bill S-241, An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (great apes, elephants and certain other animals).

Hon. Mary Coyle: Honourable senators, I rise today to speak here, on the traditional unceded and unsurrendered territory of the Anishinaabe Algonquin People, in support of Bill S-241, the Jane Goodall act, sponsored by our colleague Senator Klyne.

Honourable senators, Jane Goodall is quoted as having said, “The least I can do is speak out for those who cannot speak for themselves.”

Colleagues, as senators, we know that it is our special duty to represent the rights of those who might otherwise be overlooked, especially those most disadvantaged. In the case of Bill S-241, we are being asked to represent the rights of our non‑domesticated animal counterparts, as well as take certain measures to ensure their individual welfare and the protection of certain species. We are being asked to speak for those who cannot speak for themselves.

Our former colleague the Honourable Murray Sinclair introduced an earlier version of this bill in November 2020. In December of that same year, he penned an article for Maclean’s magazine which has relevance to our debate and study of Bill S-241.

Former Senator Sinclair said:

Science increasingly affirms what Indigenous peoples have always known, and what many Canadians are discovering: everything is connected. This is true not just of you and I, but of all life forms of Creation. This is why my people, the Anishinaabe, use the term “nii-konasiitook,” which means “all of my relations,” when speaking. It reflects the belief that all people owe each other as well as the environment, including animals and plants, a duty of respect. In turn, a healthy environment provides for our well-being, through clean air and water, plentiful food and favourable weather. The respect is mutual.

Closer to my home in Nova Scotia, in Mi’kma’ki, Hereditary Chief Stephen Augustine recounts the Mi’kmaq creation story, and I would like to read one small section that I have previously mentioned:

The third level of creation, down below us, is our Mother Earth, on whom we walk, and who bears the spirits of our ancestors. The interconnective relationship between Mother Earth and the whole of creation is evident in the Mi’kmaw language. The Mi’kmaw words for the people, and for the Earth, and for mother, and the drum, all come from that term which refers to “the surface on which we stand, and which we share with other surface dwellers.”

We are all surface dwellers, or weskijinu in the Mi’kmaq language.

That sense of interconnectivity is recognized and emphasized in Bill S-241 — the Jane Goodall act — An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (great apes, elephants and certain other animals).

As I sought to understand the main purposes of the act and to find a way to build on the earlier comprehensive contributions of Senator Sinclair and Bill S-241 sponsor Senator Marty Klyne, as well as the thoughtful contributions of our colleagues Senators Harder, Miville-Dechêne, Bovey, Petitclerc and Cordy, I found the preamble to the act to be a very helpful statement of the intent and purposes of this legislation.

Colleagues, Plato suggested that preambles should persuade citizens to obey important laws by speaking to their hearts and minds through both reason and poetry. While this bill’s preamble might not include poetry, I find it to be an excellent articulation of the essence of the Jane Goodall act. For that reason, I will share the key elements of this preamble with you:

Whereas the phrase “All My Relations” expresses an Indigenous understanding that all life forms of Creation are interconnected and interdependent;

Whereas science, empathy and justice require everyone to respect the biological and ecological characteristics and needs of animals;

Whereas cetaceans —

— whales, dolphins and porpoises —

— great apes, elephants and certain other non-domesticated animals ought not to be kept in captivity, except for justifiable purposes such as their best interests — including individual welfare and conservation — and non-harmful scientific research;

Whereas non-domesticated animals that may benefit from protection, in circumstances of captivity, through designation under the provisions enacted by this Act include big cats, bears, wolves, pinnipeds —

— seals —

— non-human primates, dangerous reptiles and other species;

Whereas animal care organizations that meet the highest standards of animal care may serve the interests of animals across many species with regard to animal welfare, conservation, non-harmful scientific research and public education;

Whereas animal care organizations may contribute to wildlife rescue and rehabilitation, the provision of sanctuary for animals in need, the restoration of wild populations and field research;

Whereas a ban in Canada on trade in elephant ivory and rhinoceros horn and on the collection of elephant and rhinoceros hunting trophies will help to conserve elephant and rhinoceros populations and encourage bans in other countries;

Whereas the global wildlife trade contributes to biodiversity loss, mass extinction and the risk of zoonotic disease and the Government of Canada may address wildlife trafficking through regulation;

Whereas Parliament may enact criminal laws and laws to regulate international trade and commerce in relation to animals, and provincial legislatures may enact laws in relation to property and civil rights such as granting legal standing to the orca Kiska —

 — the female orca at MarineLand —

— thus enabling orders in her best interests by her own right;

And whereas the subject matter of non-domesticated captive animals has a double aspect of shared federal and provincial jurisdiction;

We’ve heard some discussion on that issue here.

Colleagues, all aspects of the Jane Goodall act are important for the protection of animals from cruelty, for overall conservation and for addressing biodiversity loss, but I will focus my next remarks on the aspects of the bill that are related to trade in non-domesticated — what are commonly called “wild” — animals and, very tellingly, often called “big game.”

I started my professional career in the early 1980s in Botswana, a country that is well known for its wildlife. Botswana’s Chobe National Park, its unique Okavango Delta and the vast Kalahari Desert are all areas literally teeming with magnificent lions, leopards, cheetahs, rhinos, hippos, giraffes, zebras, crocodiles, a variety of antelopes and the ever-majestic African elephant.

The Batswana people’s traditional — or pre-colonial — beliefs included a supernatural being or creator called Modimo, who was also representative of the ancestors and, like the Indigenous peoples of Canada, the cosmology of the Batswana reflects a very strong connection between people and their natural environment.

The San people of the Kalahari believe that humans do not have primacy over any other life and that all forms of life are connected and interdependent.

In his speech on Bill S-218, the predecessor to Bill S-241, Senator Sinclair described the African elephant:

. . . the largest land animals in existence. Elephants are intelligent and highly emotional, with excellent memories and a strong sense of empathy. . . . Their sense of smell is five times more acute than a bloodhound’s, yet their trunks are versatile enough to pluck a blade of grass, suck up eight litres of water or flip a hippo.

They can hear storms hundreds of kilometres away and change their routes days in advance in order to intercept rain. Socially, elephants are matriarchal . . . . Older females keep the knowledge that allows the herd to survive, including . . . relationships and the locations of water and seasonal foods.

Elephants . . . try to revive sick or dying individuals . . . mourn their dead, scattering family members’ bones and standing vigil over dead matriarchs.

For Hindus, Ganesh, or Ganesha, the elephant god, is the embodiment of compassion, loyalty and wisdom.

Oh, but colleagues, what a rough ride these majestic beings have had. Between 1979 and 1989, half of all Africa’s elephants were lost to the ivory trade.

Today, there are between 400,000 and 500,000 elephants in Africa, a 70% decline since the 1970s, primarily due to poaching linked to organized crime.

Colleagues, wildlife rangers are often referred to as nature’s first responders. Around 100 of these protectors are killed annually by poachers largely feeding the global ivory trade.

The number of elephants killed every year is now declining, but it is still very significant.

The Global Initiative Against Transnational Organized Crime says that reduced poaching seems to be the result of the dismembering through arrests and prosecutions of a large number of transnational organized crime networks involved in poaching and trafficking in east and southern Africa between 2014 and 2020, including several members of the Shuidong network, the Sheikhs gang and the principal leaders of the Kromah network. But these organized crime networks have shown themselves to be very resilient and are regrouping and reorganizing.

Countries and jurisdictions that have banned the domestic sale of elephant ivory within their borders, or are in the process of doing so, include China, the U.K., France, the Netherlands, Hong Kong, Singapore, Taiwan, Belgium, Luxembourg, the European Union and nearly every state in the U.S. It is believed that China’s domestic ban on elephant ivory may have displaced markets to neighbouring countries.

And now to our own country of Canada. Between 2007 and 2016, Canada allowed the importation of 83 trophy elephants, 434 elephant skulls and 260 elephant feet. About 300 African elephant tusks representing 150 elephants were legally imported into Canada between 2010 and 2018.

Canada, Japan, Namibia and South Africa were the four countries that opposed closing their domestic trade markets at the 2016 International Union for Conservation of Nature, Canada’s concern being that an ivory ban could affect the highly regulated Inuit trade in walrus and narwhal ivory. This is something our committee would no doubt want to probe into in their study of the bill.

As for rhinoceros, globally there were 11,000 poached since 2008. In 2015, a rhino horn was sold at auction in Vancouver for $228,000. It is legal to trade pre-1995 rhino products, but this is seen as a problematic loophole as the auction houses are not required to verify an item’s origin. Recent scientific reports by the United Nations Environment Programme and the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystems Service recognize wildlife trade as a top driver of pandemic risk and biodiversity loss.

Colleagues, last fall’s election saw the Liberal, Conservative and NDP platforms all committing to ending illegal wildlife trophy trade. In his second reading speech, Senator Klyne said:

We are building a big tent that puts animals first. . . .

Rooted in scientific evidence, the Jane Goodall act would establish the strongest legal protections in the world for wild animals in captivity . . . as well as enhancing conservation laws.

It will phase out elephant captivity in Canada. It addresses the unsustainable global wildlife trade, and Senator Klyne has committed to working further with partners to develop regulatory recommendations and amendments to the bill relating to the global wildlife trade and illegal trafficking. So we’ll be looking for that.

More than 1.8 million wild animals were imported to Canada between 2014 and 2019 for a variety of purposes, and most were not subject to any permits or pathogen screening. We know there are 4,000 privately owned big cats in Canada. We heard Senator Cordy speak about that. This bill bans over 800 captive, non-domesticated species at roadside zoos.

Colleagues, very importantly, it establishes legal status for credible animal care organizations, and it updates Canada’s great ape policies.

Melissa Matlow, campaign director with World Animal Protection Canada said:

This is a historic bill that would make Canada a global leader in protecting wildlife and animal welfare. The unsustainable trade in wild animals requires urgent action, to prevent cruelty, extinction and future pandemics.

Colleagues, the Honourable Murray Sinclair reminded us in his speech that:

We are at a crucial time where the interrelated goals of Indigenous rights, environmental protection and animal welfare can help to combat cultural loss, climate change and mass extinction in Canada and beyond. . . .

Honourable senators, I’m happy to support Senator Klyne’s Bill S-241. I believe this is an opportunity for each of us and for our chamber to support Canadians in our collective desire to make a substantial difference in recognizing and respecting the rights of animals and thus making our world a much better place for all.

Thank you. Wela’lioq.

Hon. Leo Housakos (Acting Deputy Leader of the Opposition): Honourable senators, I move that further debate be adjourned until the next sitting of the Senate for the balance of my time.

(On motion of Senator Housakos, debate adjourned.)

On Motion No. 84 by the Honourable Colin Deacon:

That the Standing Senate Committee on Banking, Commerce and the Economy be authorized to meet on Tuesday, October 25, 2022, at 6:30 p.m., even though the Senate may then be sitting and that rule 12-18(1) be suspended in relation thereto.