SoVote

Decentralized Democracy
  • Jun/2/22 2:00:00 p.m.

The Hon. the Speaker pro tempore: Honourable senators, we welcome today the Honourable Marie-Claude Bibeau, P.C., M.P., Minister of Agriculture and Agri-Food, to ask questions relating to her ministerial responsibilities.

Pursuant to the order adopted by the Senate on December 7, 2021, senators do not need to stand. Questions are limited to one minute and responses to one and a half minutes. The reading clerk will stand 10 seconds before the expiry of these times. Question Period will last one hour.

[English]

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  • Jun/2/22 2:00:00 p.m.

Hon. Senators: Agreed.

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  • Jun/2/22 2:00:00 p.m.

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, on behalf of my colleagues in the Government Representative Office — feeling slightly bittersweet about this — I am pleased to pay tribute to Senator Howard Wetston.

Senator Wetston came to the Senate in the fall of 2016 as a respected public servant, a distinguished lawyer and jurist and an experienced regulator and executive. He had previously led the Ontario Securities Commission, the Ontario Energy Board and the Competition Bureau.

His passion to update best practices and rules governing publicly traded companies in Canada was clear during his sponsorship of Bill C-25 during the Forty-second Parliament. A main objective of the bill was to increase diversity and the participation of women on corporate boards and within senior management. It also improved corporate transparency, reduced the regulatory burden and increased shareholder democracy.

During committee study, Senator Wetston proposed three important amendments that were ultimately accepted by the government. One change allowed corporations to share information with their shareholders electronically in a broader range of circumstances. Two more amendments created a grace period of 90 days for current directors who were not re-elected under new majority voting rules to continue their duties. This commitment to transparency and fairness is a perfect reflection of the values that Senator Wetston brought with him to this chamber.

Senator Wetston also sponsored Bill C-85, legislation to enable to ratification of a new Canada-Israel Free Trade Agreement. The modernized and more robust trade agreement helped enhance the commercial relationship between the two countries.

More recently, as Senator Saint-Germain alluded to, Senator Wetston initiated a consultation process examining the appropriateness of the current Competition Act in the digital age. This initiative represents a really important and timely contribution to the public policy process in Canada and will stand as an important legacy that he has bequeathed us.

On a more personal note, I had the privilege of being sworn into the Senate just a few days after Senator Wetston, and we became friends immediately. He is a kind, sensitive and caring person. As we say in Boston, wicked smart, but not arrogant; gentle in demeanour, but principled and tough-minded; a no‑nonsense person with a great sense of humour. Simply put, a wonderful colleague and a true mensch. Howard, I will miss you terribly. On behalf of all of us in this chamber, we wish you all the best as you embark on this next chapter in your life.

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  • Jun/2/22 2:00:00 p.m.

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, I also rise today to pay tribute to our colleague and friend Senator Wetston.

Senator Howard Wetston was appointed to this chamber five and a half years ago. He has served on several committees, but the two committees where I am most familiar with the work he has done are the Standing Senate Committee on Banking, Trade and Commerce and the Standing Senate Committee on Energy, the Environment and Natural Resources.

Today, I wish to recognize the work you have done, Senator Wetston, especially on the Banking Committee report entitled: Cyber assault: It should keep you up at night. This report dealt with important issues for Canadians and showcased the positive work that can be done at the committee level in the Senate of Canada.

Another of your great contributions was your involvement in the committee with the Senate’s record-high number of amendments brought forward on Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts. Your expertise and knowledge in regulatory law were beneficial to everyone in this chamber, especially to former Senator Mitchell, who was the sponsor of the bill.

Your competence and past experiences in competition law and policy, securities and energy regulations, and administrative law enriched this chamber with a very specific expertise.

Although we haven’t served together much on committees, I wish to recognize and underline that I have a lot of respect for you and the work you have accomplished in this chamber. And I believe it is important to acknowledge your service to our country.

Howard, I know that we both share a passion for golf. With your imminent retirement, I wish you the very best in your future endeavours. I hope you get that handicap down a bit, and I hope you will be able to enjoy a lot more time on the greens in the weeks and months ahead.

And I am always open and looking forward to an invitation to playing a round of golf with you, Howard. Happy retirement.

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  • Jun/2/22 2:00:00 p.m.

Hon. Scott Tannas: Honourable senators, on behalf of the Canadian Senators Group, I rise today to pay tribute to our friend and colleague, the Honourable Senator Howard Wetston.

He has proudly spent much of his career in public service as a judge, a regulatory official and chair of administrative tribunals. He has relentlessly pursued opportunities to make a difference. He has been duly recognized for his contributions to public law and other key sectors of the economy that have touched the lives of countless Canadians.

But the outpouring of affection we are hearing for our departing colleague has as much to do with his personal qualities of kindness, compassion and intellectual curiosity as it does with his distinguished career. Senator Wetston is one of those rare people who have deep networks in a multitude of segments of Canadian life: government, academia, business, law and multiple communities.

Some people build superficial networks for their own purposes and collect contacts like baseball cards. Howard has earned his through a lifetime of diligent and thoughtful work anchored in trust, civility and respect. In fact, I cannot think of anyone who has the universal respect and affection of people from so many walks of life as our friend and colleague, Senator Wetston.

I have had many different meetings where I have come away surprised, a meeting in Canada with academics, or with business people or with ordinary people, and at the end of the meeting, somebody says, “Say hi to Senator Wetston for me,” or more often, “Say hi to Howard for me.” There is no greater sign of respect, no greater mark of real achievement that I can think of than the numbers of people who admire, respect and have the greatest affection for you, Howard, and that includes me and all the colleagues here in the Senate.

We are all proud to have served with you in the Senate of Canada, and you have indeed made a difference here as you have in so many other places over the course of your life and career. I wish you a very happy birthday tomorrow. Thank you, Howard.

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  • Jun/2/22 2:00:00 p.m.

Hon. Marty Klyne: Honourable senators, like many of you, I rise to pay tribute to our esteemed friend and colleague Senator Howard Wetston. He was appointed to the Senate in 2016 after a long and distinguished career as a public servant, lawyer and federal judge.

He served as the Commissioner of Competition, the head of the Ontario Energy Board and the head of the Ontario Securities Commission. Among his many accomplishments in that last role, he created a partnership with the RCMP financial crime program, spearheaded a paid whistle-blower program and implemented policies aimed to include more women on corporate boards and in senior management.

As a senator, he applied his broad experience and expertise to continue making a difference. During his six years in the Red Chamber, he worked tirelessly to enrich debate and improve legislation. For example, his knowledge informed many of this chamber’s changes to Bill C-69 regarding environmental assessments for resource development, with the House of Commons accepting a record 99 Senate amendments.

Senator Wetston also successfully sponsored two government bills through to Royal Assent. One was Bill C-25 to modernize federal corporate laws, including to increase diversity and gender equality on corporate boards and in senior management, with the House of Commons accepting all Senate amendments. The other bill was Bill C-85 on the Canada-Israel Free Trade Agreement.

During his time in the chamber, Senator Wetston also did important policy work to develop Canada’s competition law, encourage entrepreneurs and drive innovation. He released his detailed and consultative commentary in April, and that will be a resource for our country going forward.

I was fortunate to serve on the Standing Senate Committee on Banking, Trade and Commerce with Senator Wetston, including while he was chair. We also sit on the Agriculture and Forestry Committee together. I always appreciated hearing his well-reasoned perspective on the issue at hand.

Senator Wetston in a relatively short time has left a great mark on this institution and our legislative and policy record. It has been a pleasure working with him. Senator Wetston, I wish you the best in your well-deserved retirement. Here is to the many divots on the golf course. Thank you.

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  • Jun/2/22 2:00:00 p.m.

Hon. Colin Deacon: Honourable senators, clearly our life experience and that of our families inform our values, passions and priorities. This is profoundly true for Senator Howard Wetston.

He describes his parents and his grandmother as “strong, hardworking and resilient people.” Those humble words don’t capture the fact that they had to flee on foot from Poland to Uzbekistan to survive the Second World War.

After the war, they were transferred by train to a displaced persons camp in Germany. Howard’s mother delivered his late brother Sam as they travelled on that train to the DP camp, where Howard was born in 1947. Resilient people, indeed.

Senator Wetston recounted that, after the war, “Jewish settlers . . . weren’t that welcome.” His parents settled in Cape Breton, thanks only to a distant uncle’s sponsorship. Specifically, they settled in Whitney Pier, a community dominated by a steel mill that contaminated the surrounding air, soil and water, making it one of Canada’s most polluted communities. Senator Wetston recalls it as “a very diverse community, but we accommodated our differences.”

There is so much about Senator Wetston that we do not know.

What we do know is that when he speaks, he is a fountain of insight and sharp critiques against the status quo. There is a reason for that. It comes from a life and a career of fighting for those who could not fight for themselves.

At the Consumers’ Association of Canada, you may not know that he played a leading role in initiating the efforts to remove UFFI, or Urea Formaldehyde Foam Insulation, from the market.

In the 1980s, he started what would be a pinnacle of careers, each one, when he was head of what is now the Competition Bureau. Another pinnacle, he was a Federal Court judge and then chair of the Ontario Securities Commission and helped our country recover from the economic turmoil resulting from the financial crisis.

Regardless of the role, Senator Wetston championed the rights of those whose voices were often ignored; he championed diversity in the workplace and the representation of women in senior leadership roles.

I’m personally very grateful that Senator Wetston encouraged the Senate to study open banking, subject of one of our most read reports, and that he has reminded the government of the crucial role that competition law and policy play in shaping an economy that fairly delivers both prosperity and affordability to Canadians.

Howard, I am far from alone in saying thank you for being a dear friend and mentor. Be warned, though, I am among many others who will continue to reach out for your guidance.

As you pack your suitcase and move on from the Senate, we can’t wait to see what new challenge you will embrace, bringing even more honour to the strength and courage demonstrated by your grandmother, parents and brother.

Howard, on behalf of all of us, thank you so much.

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  • Jun/2/22 2:00:00 p.m.

Hon. Yuen Pau Woo: Honourable senators, what does one do for an encore after a life of accomplishment which includes having served in top jobs on consumer protection, transportation, competition policy, energy, the courts and securities regulation?

Well, Howard Wetston, at the age of 70, applied to become a senator. Setting aside every other contribution he has made in the upper house, the fact that he considered a Senate appointment a worthy next chapter for an already illustrious career raises the bar for aspiring applicants and puts us in very fine company indeed. Here I’m referring not simply to the positions he has held in the highest echelons of the Canadian establishment but also to the leitmotif of his career, which is public service.

Senator Wetston came to the Senate to continue his lifelong commitment to serving the public. It is our loss that we only had him for just under six years, three of which were attenuated by COVID. But what an outsized contribution he made in that short period of time.

If your measure of senatorial impact is column inches in Hansard; number of sponsored bills, amendments, motions and inquiries; social media hits; or a paparazzi following, Senator Wetston would probably get a B-minus.

But if you were interested in the quality and timing of interventions, willingness to take on difficult and unglamorous assignments and, above all, the trust and respect of colleagues, he surely would graduate summa cum laude.

Have you noticed how, when Senator Wetston speaks, the room gets appreciably quiet, heads turn in his direction and ears perk up? How a seemingly innocent question or comment that he might pose in the middle of a dead-end meeting suddenly changes the trajectory of the discussion and provides fresh avenues for enlightenment? Such was the case on Bill C-69, the Impact Assessment Act, on which he served as the legislative lead for the Independent Senators Group, ISG, and on which I worked very closely with him.

Bill C-69 was divisive, to put it mildly, but Senator Wetston was one of the few people to whom all sides of the debate went for advice, from pipeline and mining advocates to eco-justice champions and First Nations representatives. He was less about providing answers than about clarifying: clarifying the principles underlying a policy objective; clarifying the institutional framework that all policies must function within; clarifying the aspirations for a better Canada that are necessary if changes in policy are to have any point; and clarifying the trade-offs that come with every difficult decision.

Five years and seven months of Senator Wetston is not enough. He has accomplished so much in that time, and yet I know he wishes that he could have done more. His unfinished work in the Senate is for us to take up. This leaves us with a burning question: After climbing yet another peak in his career, what does Senator Wetston do for an encore?

Howard, we look forward to your next chapter and wish you and Debbie all the very best.

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  • Jun/2/22 2:00:00 p.m.

Hon. Marie-Claude Bibeau, P.C., M.P., Minister of Agriculture and Agri-Food: We do work significantly in that direction. Increasing carbon sequestration is very important to us. I have already given a few examples of the programming we have to support farmers and incentivize them to adopt good practices.

We are investing in research and innovation to find better ways to capture carbon and also to measure it. Actually, in B.C. last week I visited a company that is developing equipment to measure carbon in the soil; we know it will be very important for our farmers to better understand and know what they can capture. Eventually, they could also be recognized financially for their contribution to the environment and our objective to reduce emissions.

That is why we are investing in research and innovation, also looking at Environment and Climate Change Canada to provide the offset system to support them. It’s an area of work in which we are investing significantly.

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  • Jun/2/22 2:00:00 p.m.

Hon. Tony Dean: Honourable senators, I rise on behalf of Senator Sabi Marwah and myself to say a few words about our friend and colleague Howard Wetston.

Howard is a highly trusted policy-maker, a nationally renowned regulator, a Federal Court judge in his past, a senator, a collector and player of electric guitars, a tennis player, a snazzy dresser, a recipient of the Order of Canada and — I have just had to write in — golfer.

When we arrived in this place six years ago, Sabi and I were in awe of being appointed alongside Howard. That was because if you got anywhere near the complex world of energy policy, energy regulation or securities regulation, and the major debates about a national securities regulator in Canada, you know about the legendary role and massive contributions of Howard Wetston, including his tenure as a jurist.

I certainly knew about Howard; I had heard about him often, but our paths seldom crossed. Therefore, it has been such a privilege to work alongside you, Howard, and to see your vast experience, scholarship, judgment and, let’s face it, dry sense of humour, which we’ve all seen in full flow.

Howard held senior influential and highly impactful roles as the chair of the Ontario Energy Board and the Ontario Securities Commission. Many things stand out. First, as chair of the Ontario Energy Board, we saw Howard’s balanced emphasis on the thoughtful regulation of electricity and natural gas, directly rooted in legal principles and economic rationale. He enjoyed a distinguished and closely watched tenure as chair of the Ontario Securities Commission, and he was a strong advocate of the concept of a national securities regulator and worked hard to make it a reality, which he has noted as a missed opportunity to create “a best-in-class, state-of-the-art, modern 21st century regulator.”

Howard, as we know, sound policy proposals and good ideas never go away completely, so don’t give up.

Howard has also worked hard to improve diversity on corporate boards and has been publicly recognized for this. He has continued that work here in collaboration with Senator Omidvar and other colleagues.

In his inaugural speech, Howard talked humbly about his past achievements, saying that he had worked in two of the three major fields occupied by our work here in the Senate, the first two being public policy and the law — both of which Howard is well informed about — and the third one is politics. Howard, I hope you have enjoyed the third leg of the stool, my friend.

Howard has made huge contributions here as chair of the Senate’s Banking Committee and as a member of several other committees. He brought with him his vast experience at senior levels of institutions and boards. His legacy, as many colleagues have noted, will be his major study on competition law, which we can now build on.

Howard has always been highly respected as the quintessential public servant: lots of integrity, he cared tremendously about the public interest and he was always perceived as being wise. Howard has quietly shared that wisdom with many of us here, particularly colleagues who have had to tackle complex issues associated with policy and legislation.

Howard, we have been privileged to work with you, learn from you and benefit from your wisdom. You will now have more time to grow and play your collection of electric guitars, and to sharpen your competitive edge in your tennis games even more.

We will miss you here, Howard, but you haven’t seen the last of us. We are going to stay in touch. All the very best, and thank you for your friendship.

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  • Jun/2/22 2:00:00 p.m.

Hon. Brent Cotter: Honourable senators, I would like to first share a few personal words about Senator Wetston and then talk about his remarkable career.

I’ve known Senator Wetston, or Howard Wetston as he then was, for over 50 years. Howard and I started law school in 1971 at Dalhousie in Halifax. Howard was the star of that star-studded law school class graduating class of 1974. Howard and I have remained friends over the years, occasionally overlapping in work or sports. As some of you well know, Howard was and still is a formidable athlete, as we’ve heard, when his health permits.

We have grown closer in the Senate. Here, he has been my mentor, friend and guide. On my first date day — in fact, in my first hour in the Senate — Howard came over to my seat, up there in the nosebleed section, where Senator Quinn is presently, and offered his advice and support. We had dinner together that first week and had regular coffees, all with gentle guidance to help me navigate the mysteries of the upper house. He made calls of encouragement pretty well every week.

All of us have benefited from Howard’s wisdom — yes, wisdom — and his generosity of spirit, but I think none more than me. Thank you, Howard.

Second, he’s had a career of excellence and distinction at every stage, as you’ve heard, as a Crown prosecutor in Nova Scotia, Director of the Competition Bureau Canada, judge of the Federal Court of Canada, chair of the Ontario Energy Board, member and chair of the Ontario Securities Commission, not to mention his amazing contributions as a senator.

The law school from which he graduated is known for its “Weldon Tradition,” a commitment to public service. It is named after its founding dean, Richard Weldon, himself a member of Parliament over a century ago. As I listed off Howard’s contributions, you might well think, as I have, that this tradition of commitment to public service could have aptly been named the “Wetston Tradition.” All of this emerged from extremely humble beginnings about which Senator Wetston only occasionally speaks.

His contributions to this country have often been at the cost to him of opportunities foregone, sacrifices so that Canadians could benefit. In some ways, he is a superman, which brings to mind, for me, the closing lines from the Crash Test Dummies song, “Superman’s Song,” sung by Brad Roberts. Some of you will know it. It goes like this — and I won’t try to sing it:

Kept on changing clothes

In dirty old phonebooths ’til his work was through

And nothing to do but go on home

Superman never made any money

For saving the world from Solomon Grundy

And sometimes I despair

The world will never see another man like him

A man like Howard Wetston.

Thank you, Howard, for your kindness to me, and for your lifetime of work on behalf of Canadians.

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  • Jun/2/22 2:00:00 p.m.

Hon. Lucie Moncion: Howard, how can I possibly pay tribute to you in such a short time and tell you how much I value your brilliance? I am privileged to count you among the people who have enriched my life in so many ways.

You are a skilled, subtle and cunning speaker with great emotional intelligence. Very respectful of your colleagues, you accept and consider the ideas and suggestions of others.

I know you as a humble man with an avid curiosity to constantly acquire additional knowledge and understanding. You are an active listener, balanced, calm despite everything, open-minded and analytical. You enjoy silence and peace, but you also enjoy the company of others, and the exchange of ideas and knowledge.

Howard, you have an impressive track record. Before you were appointed to the Senate, you served as a counsel at Goodmans LLP. You are a prominent Canadian leader and a respected public servant, a distinguished lawyer, jurist, regulator and executive. You are an expert in competition law and policy, securities regulation, energy regulation and administrative law. You were a judge of the Federal Court of Canada for six years. At some point during your career, you were Director of Investigation and Research with the federal Competition Bureau, chair and CEO of the Ontario Securities Commission and chair and CEO of the Ontario Energy Board.

Howard, you were at the heart of many significant changes and played an important role in Ontario.

You were called “Suitcase Wetston,” and you provided the explanation for the nickname, saying to me:

I worked in the public service for most of my career. I looked at whatever job I was in as an opportunity to make a difference — I packed my suitcase and went wherever an opportunity arose. When I didn’t feel what I was doing was making a meaningful difference anymore, then I moved on. To me, the nickname was a metaphor for taking a risk — I was willing to take risks with my career. My career in public service was a lifelong experience of learning.

I know you are an active reader, an avid tennis player and that you count among your close circle an impressive number of friends. You are a busy person, but despite your active lifestyle, I have an assignment for you, Howard. You have a story to tell. Please write your biography. From the time of your family’s immigration to Canada to the brilliant career you forged for yourself and the amount of knowledge and experience you have acquired over the years — all of that needs to be shared.

I am an avid reader of biographies and would immensely benefit from reading about you, your life, your involvements, your knowledge, your expertise and your lessons learned.

You are an excellent writer, a good storyteller and a brilliant man. Howard, please let us know; let the world know. Keep well, my friend. You will be missed.

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  • Jun/2/22 2:00:00 p.m.

Senator Plett: Thank you, minister. I’m not sure whether that was a yes or a no. But with respect, as I said, I met with the Manitoba beef producers, and they are very concerned about this measure. Margins are already extremely tight. Your carbon tax has hammered their profitability, and this measure is just one more hurdle that they cannot afford.

We see this in a number of other areas in the agricultural sector, where the NDP-Liberal government is deliberately choosing policies that make life more unaffordable for farmers and producers.

Minister, why does your government seem to be doing everything in its power to undermine our beef industry?

We do care for farmers, and we are there to support them in different ways. In the last Fall Economic Statement and in the last budget, we are investing $1.5 billion to support our farmers in different ways, so I would say that our government has the backs of farmers. We recognize their extremely important contribution to our food security and our economy, and also their dedication to sustainable agriculture.

Our government is there, and I can explain during the coming hour the different ways and programming that we are putting in place to support them.

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  • Jun/2/22 2:00:00 p.m.

Hon. Donna Dasko: Honourable senators, I still remember the announcement in The Globe and Mail in 2016 saying that Prime Minister Trudeau had appointed Howard Wetston to represent Ontario in the Senate. How lucky for the Senate, for Ontario and for Canada.

Howard Wetston has been a marvellous colleague and the model of an excellent senator. He brought to this chamber a depth of expertise in an area that is extremely relevant and vital for government, and I always appreciated his wisdom, judgment and willingness to share his knowledge.

Senator Wetston came to this chamber as a leader in administrative law and regulation with expertise in securities, energy and other regulated industries. He led the Ontario Securities Commission, the Ontario Energy Board and the Competition Bureau. He is a former federal judge and much more. Our colleague was truly a regulator for the 21st century, and I can say that, because I had first-hand experience.

Howard Wetston was my client in our previous lives. As chair of the Ontario Energy Board two decades ago, he brought in processes that were actually considered revolutionary for a regulator. He consulted widely with stakeholders, not only the big electricity and natural gas distributors, but consumers, academics, industry groups and the media. He set goals for his organization, he made them public and he measured his progress and made that public too. That is how I got to know him, as my firm was retained to conduct surveys with stakeholders and consumers.

I also learned at that time that Howard loved discussing and debating just about everything, which was a fine quality that has made him such a wonderful senator and colleague — none of this top-down style of leadership from him.

There’s much, much more. Here is just one: While chair of the Ontario Securities Commission, he took on the challenge of implementing a comply-or-explain policy with respect to women on corporate boards to promote gender equality in the private sector. He expanded this approach when, as senator, he sponsored Bill C-25, An Act to amend the Canada Business Corporations Act, which required corporations to report whether they had implemented policies regarding diversity, what these policies involved, and, if not, why they had not implemented such policies.

As he said in his sponsor speech:

Talent is not gender-specific. Talented people must be given the opportunity to succeed regardless of gender or ethnicity.

Empowering our diverse and skilled talent to lead Canadian corporations will only benefit our investors, competition and the Canadian economy at large.

Howard, thank you for your service, for your help and advice, for your generosity of spirit, for your collegiality and good humour, and I offer my very, very best wishes to you in the years and months ahead. Like many of my colleagues, I hope to call on you for advice going forward.

Thank you, very, very much, Howard.

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  • Jun/2/22 2:00:00 p.m.

Hon. Howard Wetston: Honourable senators, once again, I want to thank the Speaker.

I wish I could be there physically with you, but I took the decision not to appear in the chamber today because I’ve come down with a cold or a flu. I so much wanted to participate, so I decided to do it from my office. Please forgive me for not being in the chamber with you today.

I want to thank you for your kind words on the occasion of my retirement. Your comments are very, very thoughtful, and they mean so much to me. I wonder, though, if I might ask you for something. Might, perhaps, one or two or three of the senators who provided tributes to me wish to write a reference letter for me when I apply for my next job? I may call on you to do that, but I am very, very thankful.

I do have a lot of things to do before I clean out my office, but nothing is more important than what I want to do today, and that is to say thank you to each of you.

Speaking about retirement, as Senator Cotter once said in the Senate in a somewhat different context, “I expected this.” Senator Cotter would remember that.

I have moved around a lot in my career and often had to consider whether to leave before my best-before date. On this occasion, I don’t have to consider that. Nevertheless, not all aspects about my retirement are negative. I won’t have to think about seeing the clock. I won’t have to struggle to figure out how to change channels on Microsoft Teams, and I won’t have to wait through another one-hour bell. Those must be positive things.

Let me begin by thanking our extremely skilled and highly professional administrative staff. I have very much appreciated the advice of the Clerk of the Senate, the law clerks, the staff in Chamber Operations, the clerks of all our Senate committees, as well as the committed staff who support these offices.

I would especially like to thank our Speaker and Speaker pro tempore for their incredibly patient, wise and objective management of Senate proceedings.

As a member of the Independent Senators Group, I wish to express my thanks to its leadership team. I have valued your tireless efforts and commitment, Senator Saint-Germain, Senator Dean, Senator Woo, Senator Duncan, Senator Omidvar and Senator Peticlerc. It’s been a lot of heavy lifting over the last six years and will continue to be, but I’m optimistic about where the Senate is heading.

I would also thank my seatmate over the past five and a half years, my good friend Senator Marwah. You could not find a better person to have in your corner. I’ve always appreciated and enjoyed how he cuts through complex issues like a hot knife through butter. More importantly, I have considerable respect and admiration for him as a person.

Senators, I believe that my most satisfying professional achievement was being appointed to the Senate of Canada as it allowed me to serve in all three branches of our parliamentary democracy: executive, both federally and provincially; judicial, at the Federal Court of Canada, as you know; and legislative. I was able to complete the parliamentary trifecta when I was appointed to the Senate.

You might ask what I learned from these experiences — obviously, a great deal — but first, common sense and pragmatism work best in the reform of markets. Second, regulation has always been about addressing problems with human behaviour, not necessarily problems with innovation. Third, policy making involves complex trade-offs, as you all know, but the bigger challenge is always implementation. And, fourth, I may now know more, but I am sure of less. It is a complex world.

Colleagues, as you have heard from other senators, my parents were Jewish immigrants who fled Poland to Uzbekistan and were then relocated by the Allied forces to a displaced persons’ camp in Ulm, Germany, where I was born. By the way, Albert Einstein was also born in Ulm, Germany. Don’t take too much from that comment. Surprisingly, we share very little in common, other than we have similar hair.

We eventually settled in Whitney Pier in Sydney, Nova Scotia, and my Nova Scotian colleagues would understand where that is. My parents lived there for nearly 60 years.

I was raised in a multicultural and multi-ethnic community, which shaped my value system. We were the only Jewish family in the neighbourhood. We were a religious family. Growing up, we accommodated our differences culturally, socially and economically. There was no internet or Google to keep us occupied. Sports and education brought us together. There were many challenges, but our community was resilient and hard-working.

My upbringing provided me with a strong sense of social and economic justice, which carried through my entire career as a public servant, as a judge and as a senator.

When I consider my time in the Senate, it feels too short, and, to be honest, I feel somewhat cheated. Maybe it’s because of my age but, more so, we lost meaningful time due to the pandemic, an election, a prorogation and, of course, our important committee work was curtailed significantly.

During this time, we also sadly lost three of our own devoted senators: Senator Forest-Niesing, Senator Keating and Senator McCoy. Their contributions will always be remembered. In the Jewish tradition, we say, “May their memories be for a blessing.”

Senators, I enjoyed my work with Senator Colin Deacon in the Banking Committee under the leadership of Senator Doug Black in preparing a report on open banking, which was well received by the fintec community. Indeed, the government is now proceeding to develop an open banking framework, as you know. It will help transform how financial institutions operate. It puts consumers first.

Also, as has been stated, I worked on Bill C-25, which modernized certain elements of the Canada Business Corporations Act. I am especially pleased with the corporate governance reforms with respect to directors’ duties and board director diversity. I recognize that Senator Omidvar was somewhat disappointed that we didn’t go far enough, but I might just say that there’s more to be done and I hope you pursue it.

I worked closely with Senator Woo, and others, on Bill C-69, the wide-ranging environmental impact legislation. That was a massive undertaking for the Energy Committee under the chairmanship of Senator Galvez. The bill was studied over 36 committee meetings; those were the good old days. We worked very closely with other senators in passing this complex piece of legislation, which included numerous amendments from all across the chamber.

I served as a member of the Ethics Committee, which was very meaningful for me. We consistently approached our work with objectivity and fair-mindedness. I enjoyed working with all my colleagues on this committee.

I also think I can recall a period when I was chair of the Banking Committee. I was probably the shortest-serving chair of this committee in the history of the Senate, but at least I can put it on my CV.

Finally, I am most satisfied to have initiated a Senate consultation to examine the Canadian Competition Act in the digital era.

Honourable senators, I want to emphasize that this was a Senate consultation, and I believe the Senate should be proud of the fact that we’ve seen some action on the part of the federal government. Feedback from stakeholders who participated in the consultation indicated that it nudged government to proceed with limited — but important — amendments to the Competition Act. You have seen that in the pre-study to the budget implementation act. I am pleased that the government also intends to proceed with a broad-based stakeholder consultation in the future.

Honourable senators, I joined the Senate at an important time in its history and in the wake of the Supreme Court of Canada’s decision regarding Senate reform, which clarified the federal government’s ability to change the terms of Senate appointments.

I believe we are moving toward a Senate that is more reflective of Canada’s diverse population, which is giving more voice to these perspectives and conversations. This has resulted in a more diverse scrutiny of bills and the initiation of special studies and inquiries, which also gives senators the opportunity to join different groups, changing the structural composition of the new independent model. It provides more options for senators. I had a very long chat about this with Senator Dean and I was very satisfied with my being able to present this to the Senate today.

Honourable senators, I believe the Senate is now functioning as it was originally intended — that is, as an independent and complementary legislative body of sober second thought, and not in competition with the House of Commons.

It is my belief that the Senate’s reputation has improved over these last six years. The independent model appears to be building more confidence and trust with the public.

I also agree with the article Senator Harder wrote several years ago — it found its way into a constitutional magazine, which was quite surprising, Senator Harder — in which he asserts that the renewed Senate has acted neither as a rubber stamp for the government nor as a rival to the people’s elected representatives.

In addition, I’m optimistic because I see positive developments in the Senate. Senators are moving between groups. There is more communication and collaboration. Senators from all groups, including the opposition — and I do respect the important work of the opposition; the challenge function is critical — are working together on bills, inquiries and motions in advancing social and economic justice in Canada.

Honourable senators, we live in a more complex and unfriendly world. Indeed, it is distressing to observe the brutality of the Russian invasion of Ukraine. Parliament must continue to stand up against this cruelty and I am confident that it will.

It was Mark Twain who said that history may not repeat itself, but it rhymes.

In conclusion, I am grateful to have been part of an institution that represents Canada’s diverse regional, linguistic, cultural and socio-economic interests.

The Senate has been hard at work and I have observed the thoroughness, commitment and thoughtfulness of the Senate’s legislative and committee work.

I wish to thank my staff, Jonathan Bishop and Lisa Fisher. They have served me exceptionally well. They have juggled all my files — and there was no shortage of files — with dedication, enthusiasm and hard work.

Colleagues, I will now look forward to being less scheduled. I will spend more time travelling with Debbie, whom I would like to thank for always being by my side. I’m also going to spend more time studying music; Debbie often asks me, “How many guitars do you need?” I always say, “Just one more.”

That’s a message to Senator Gold.

I’m going to get back on the tennis court and start playing golf again. Maybe we’ll have that golf game, Senator Plett; I hope we do.

There’s always more to do. I’ve been asked to take on some new work — it’s been hard to say no, but I’m trying to get better at it.

Honourable senators, it has been a pleasure and a privilege working with you. It’s been an honour to be a senator. Thank you for your commitment. You have my deepest respect. Thank you for your friendship.

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Hon. Marty Klyne: Minister, my question is about the Canada Water Agency. As you know, establishing the CWA is part of the mandate letters for you and the Minister of the Environment. It’s a goal that I and many others hope to see the government move expeditiously on.

Given recent extreme weather events and increased risk in the future, establishing the CWA and rewriting the Canada Water Act are important priorities. They can help mitigate flooding, preserve safe drinking water, manage drought and limit forest fires. Water management also impacts food security in Canada.

Where do things stand with the establishment of the CWA, and do you have a timeline you can share with this chamber?

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  • Jun/2/22 2:00:00 p.m.

Hon. Marty Klyne: Honourable senators, I have the honour to present, in both official languages, the fourth report (interim) of the Standing Committee on Audit and Oversight, which deals with the Senate Charter on Audit and Oversight.

(For text of report, see today’s Journals of the Senate, p. 608.)

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  • Jun/2/22 2:00:00 p.m.

Hon. Donald Neil Plett (Leader of the Opposition): Your Honour, I rise today on a point of order regarding Question Period. Actually, it’s probably more of a request, Your Honour, for clarification around the parameters around Question Period.

Lately, some senators have taken the habit of asking questions to chairs of committees. That is certainly within the rules and we have no problem with that, as it is a useful tool to learn more about the work of committees. But I think, Your Honour, that you need to remind us and this chamber of the rules regarding those questions.

Yesterday, as you know, Your Honour, we had two senators asking questions of committee chairs, and it’s our belief that in both cases the Rules of the Senate were not followed with those particular questions.

After Senator Black asked his question to the chair of the Subcommittee on Veterans Affairs, you did remind him and the rest of the senators that questions should not be asked of subcommittee chairs and, in fact, by the rules cannot be asked of subcommittee chairs. I do regret the fact that you allowed, however, the question to be answered after ruling that it was out of order. This incident clearly showed us, Your Honour, that clarification around the rules of these types of questions are needed.

As well, during yesterday’s sitting, Senator Bovey asked a question of Senator Boehm in his capacity as chair of the Foreign Affairs Committee. While this particular question was on the business of the committee, which, of course, is required by the rules that the question needs to be placed on the business of the committee, the supplementary question was asked of Senator Boehm, which was asking him for a personal opinion. While I have the highest regard for Senator Boehm and his opinions — and a personal opinion from him would always be valuable — Question Period is not the moment or the place for senators to share our opinions.

The next concern that I have about Question Period is centred, in our opinion on this side here, on the length and time of the questions and the answers. As you know, we have established a mechanism whereby the time granted for questions and answers are limited when ministers come to this chamber, and I think it has worked very well. I think we can all agree that this allows for better rhythm and for more senators to be able to get involved and ask their questions.

I am not, at this point, suggesting that we start using a stopwatch each time a senator stands to ask a question. However, some senators’ questions are getting borderline close to making Senators’ Statements. And with the highest regard and respect for our government leader — and, indeed, for chairs — the answers, or non-answers, are equally long. That is unfair to senators who would like to ask a question, are at the bottom of the order and can’t get to their questions.

Your Honour, I do not want this to be a debate in this chamber. I simply thank you in advance, Your Honour, for any consideration you might give to this request for clarification and simply ask, Your Honour, that you clarify for all of us the rules and parameters around Question Period and these types of questions. Thank you, Your Honour.

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