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Decentralized Democracy
  • Jun/14/22 2:00:00 p.m.

Hon. Peter M. Boehm, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented the following report:

Tuesday, June 14, 2022

The Standing Senate Committee on Foreign Affairs and International Trade has the honour to present its

FIFTH REPORT

Your committee, to which was referred Bill S-8, An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations, has, in obedience to the order of reference of May 19, 2022, examined the said bill and now reports the same with the following amendment:

1.New clause 15.1, page 5: Add the following after line 20:

“Coordinating Amendments

Respectfully submitted,

PETER M. BOEHM

Chair

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  • Jun/14/22 2:00:00 p.m.

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, I also rise today and wish to pay tribute to the Honourable Yoine Goldstein. Born in Montreal, Yoine Goldstein strongly believed in the importance of giving back to his community. His lifelong actions demonstrated his dedication and devotion to public service.

Prior to being appointed by the Right Honourable Paul Martin, Yoine Goldstein was a lawyer and an academic. He was a managing partner of Goldstein, Flanz & Fishman law firm, where he specialized in insolvency, bankruptcy and commercial litigation.

He was very active in the academic world. As a matter of fact, his name appears on the list of Canadian legal scholars. His expertise was well known and was recognized with many awards that figure in his name, such as the Lord Reading Law Society Human Rights Award, and the Lord Reading Law Society Service Award.

Yoine Goldstein gave lectures for more than a quarter of a decade at the Faculty of Law at the Université de Montréal. But law was just one of his many ways of giving back. He was also very active in Montreal’s Jewish community. We have heard about it already today. He served as the President of the Federation CJA, which aims to collect funds and ensures the money is used in a multitude of local and national programs. Senator Gold also knows this organization well.

Senator Goldstein served in the Senate from August 2005 to May 2009, so our paths never crossed in this chamber. I was appointed just a few months after Senator Goldstein retired. Although his tenure was not very long, he certainly made valuable contributions as the Deputy Chair of the Standing Senate Committee on Banking, Trade and Commerce.

Colleagues, I also wish to conclude with a quote, and this quote is from Jonathan Kay of the National Post from October 2013:

. . . Yoine Goldstein is a model: He came to the Senate with all sorts of experience as a legal expert, and from day one he used that expertise to craft legislative initiatives governing complex areas of law that few other senators could master.

On behalf of the opposition in the Senate, I wish to express my deepest sympathies to his wife, Elaine, to his children, Doron and Dahna and to all his family and friends. Your loved one’s dedication to this chamber will not be forgotten. Thank you for sharing your husband, father and grandfather with all of Canada. May God richly bless you.

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  • Jun/14/22 2:00:00 p.m.

Hon. Pierrette Ringuette: I have the distinct honour to rise today on behalf of the Independent Senators Group to pay tribute to our late colleague, the Honourable Yoine Goldstein.

When Prime Minister Martin appointed Senator Goldstein to represent the Quebec senatorial division of Rigaud in 2005, he reaffirmed his commitment to revitalizing the institution of the Senate.

From that point on, for the next four precious years, our institution benefited from the professional excellence of Senator Goldstein, an internationally renowned and outstanding jurist who raised the calibre of our debates and speeches, both in committee and in the chamber.

[English]

But the framework for the enduring legacy of our dear colleague was laid out in a statement he made in this chamber. On April 5, 2006, in the first session of the Thirty-ninth Parliament of Canada, the Honourable Senator Yoine Goldstein did not speak of policy. He made no allusion to politics. Instead, he spoke directly to future generations of Canadians — both native and immigrant, Jew and gentile. He spoke directly to all of us, calling on us all to be our better selves.

Sixteen years have already passed, but his words resonate today louder than ever. The wisdom of a great mensch from Montreal bears repeating. Today, I feel I could do no better service to the memory and legacy of our beloved colleague than to quote him back into the official record of our nation.

He said:

Honourable senators, tolerance is a passive state. While it reflects mere acceptance of differences, acceptance or tolerance of differences is not enough. Our goal is to instil a realization that diversity in our society is a significant value, that diversity is to be celebrated, that diversity is to be actively valued and not merely accepted.

He went on to say, “. . . the celebration of diversity, the celebration of differences, as fundamental, positive societal values and not causes of division.”

Honourable senators, today we live in times of increasing uncertainty. Social media has made us hypervigilant and critical of one another. Economic downturn looms ever closer on the horizon.

Yoine Goldstein lived his faith and imparted his values of tolerance and conciliation to any and all. We will remember him best by acting in the spirit of his legacy. Let us carry ourselves with charity of spirit. Let us stand in solidarity with those suffering a conflict not of their making. Let us bring collective relief to those facing social and economic hardships. Let us be steadfast in our intolerance of intolerance and discrimination.

To the memory of the Honourable Yoine Goldstein, let us say, “Mazel tov, dear Yoine.” May the wisdom you imparted to the generations educated by The Tolerance Foundation, now known as ENSEMBLE for the respect of diversity, and your call to conciliation resound louder than ever. Thank you for your service.

I would also like to take this opportunity to thank his beloved widow, Elaine, and his son and daughter for sharing his precious time with us in the Senate and with all Canadians. Thank you.

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  • Jun/14/22 2:00:00 p.m.

Hon. Sabi Marwah, Chair of the Standing Committee on Internal Economy, Budgets and Administration, presented the following report:

Tuesday, June 14, 2022

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

THIRD REPORT

Your committee, which was authorized by the Rules of the Senate to consider financial and administrative matters, recommends that the following funds be released for the fiscal year 2022-23.

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  • Jun/14/22 2:00:00 p.m.

Hon. Rosa Galvez: Colleagues, I rise today to acknowledge a mistake I made, with no ill intent, and to offer my sincere apologies.

The Standing Senate Committee on Energy, the Environment and Natural Resources met last week to examine Bill S-5, an important study that took longer than expected to complete its clause-by-clause review and required some additional meetings with just few days’ notice. At the same time, my parliamentary work took me to Los Angeles to participate with the ParlAmericas delegation in the Summit of the Americas, which had been planned for months.

[English]

Honourable senators, unfortunately, I made a mistake. While attempting to continue this important work both with the National Finance Committee and the summit, I connected at 5:30 a.m. to the National Finance Committee via Zoom using my Senate laptop. I thought it was possible because it did not conflict with the summit. However, upon my return to Ottawa, I was reminded by my facilitator that the motion concerning hybrid sittings stipulates that:

. . . subject to variations that may be required by the circumstances, to participate in a committee meeting by videoconference senators must:

(a) participate from a designated office or designated residence within Canada;

I take my parliamentary work and duties seriously, and I — by inertia and in my eagerness to keep working — did not realize that participating in the committee virtually from my hotel while on parliamentary business was not permitted under the adopted motion. I just kept going with all my Senate activities, which I even posted about on social media, thinking that I was in my right to keep working.

I do recognize, dear colleagues, my mistake, and my ignorance of this rule is not an excuse. I want to apologize, especially, to my fellow committee colleagues and to all senators. I commit to being more careful and attentive to the details of rules we have adopted to ensure the fair and good functioning of the Senate and its committees.

Thank you. Meegwetch.

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  • Jun/14/22 2:00:00 p.m.

Hon. Pat Duncan: Honourable senators, I’m honoured to rise on the traditional territory of the Algonquin Anishinaabe Nation to speak about the Ember Fire Academy. It is available to all Yukon women over the age of 16, and participants in the academy range in age from 16 to their mid-sixties.

The Ember Fire Academy is an introduction to the fire service and firefighting. It is an opportunity for Yukon women to experience the most challenging and exciting tasks in firefighting and emergency response in an inclusive, safe and supportive environment.

It’s a week-long program with twice-daily workouts where recruits learn to use personal protective equipment and gear, cut open a car to free trapped passengers, respond to hazardous material emergencies, rescue people from heights using ropes and ladders, fight vehicle and structural fires, train for functional fitness and performance tests and use proper nutrition.

As honourable senators know, in describing programs and policies, it’s about the people. Penny and Grace Sheardown Waugh, a mother-daughter team who participated in the program, introduced me to Kiara Adams. Ms. Adams blazed the way, becoming the first ever City of Whitehorse female firefighter. She inspires and empowers women by sharing her passion and knowledge through the creation and delivery as chief of the Ember Fire Academy. She does all of this, as many women have done, with a young one balanced on her hip.

Ms. Adams is joined by Ursula Geisler, the only female deputy fire marshal in the Yukon Fire Marshal’s Office and deputy chief of the Ember Fire Academy. She is a leading member of the Golden Horn Volunteer Fire Department, which is just outside of Whitehorse, and participates globally as part of the ShelterBox response team.

Women who have participated in the Ember Fire Academy have gone on to become members of Wildland Fire Management, volunteer firefighters and members of Emergency Medical Services. As those of us who are from less populated areas of Canada know, firefighters are our communities’ first responders to so much more than fires. They are the strength of our communities.

As I spoke of first responders being more to our communities than the first to arrive on the scene, Ember Fire Academy is about so much more than firefighter and emergency response training. It has been described as life changing.

I invite senators to reach out to me for the link to an Ember Fire Academy video to share with Canadians, as every year there are women from elsewhere in Canada — including attendees from Saskatchewan — who have asked to attend the Ember Fire Academy. Communities from Alberta have reached out to institute similar programs in their communities.

Honourable senators, the Ember Fire Academy begins on June 20 this year, in part on the traditional territory of the Carcross/Tagish First Nation. May I wish each participant and graduate of the Ember Fire Academy success on your journey of exploring your strengths, resilience and talents. Thank you for your service to our communities wherever you live. Stay safe and look out for one another. Mahsi cho, gùnáłchîsh, thank you.

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  • Jun/14/22 2:00:00 p.m.

Hon. Brian Francis: Honourable senators, I have the honour to inform the Senate that pursuant to the order adopted by the Senate on May 4, 2022, the Standing Senate Committee on Aboriginal Peoples deposited with the Clerk of the Senate on June 10, 2022, its fourth report, which deals with the subject matter of those elements contained in Divisions 2 and 3 of Part 5 of Bill C-19, An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures.

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  • Jun/14/22 2:00:00 p.m.

Hon. Fabian Manning, Chair of the Standing Senate Committee on Fisheries and Oceans, presented the following report:

Tuesday, June 14, 2022

The Standing Senate Committee on Fisheries and Oceans has the honour to present its

THIRD REPORT

Your committee, which was authorized by the Senate on Thursday, February 10, 2022, to examine and report on the implementation of Indigenous rights-based fisheries across Canada, including the implementation of the rights of Mi’kmaq and Maliseet communities in Atlantic Canada to fish in pursuit of a moderate livelihood, respectfully requests funds for the fiscal year ending March 31, 2023 and requests, for the purpose of such study, that it be empowered:

(a)to engage the services of such counsel, technical, clerical and other personnel as may be necessary;

(b)to travel within Canada.

Pursuant to Chapter 3:06, section 2(1)(c) of the Senate Administrative Rules, the budget submitted to the Standing Committee on Internal Economy, Budgets and Administration and the report thereon of that committee are appended to this report.

Respectfully submitted,

FABIAN MANNING

Chair

(For text of budget, see today’s Journals of the Senate, p. 725.)

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  • Jun/14/22 2:00:00 p.m.

The Hon. the Speaker: Honourable senators, we welcome today the Honourable Sean Fraser, P.C., M.P., Minister of Immigration, Refugees and Citizenship, to ask questions relating to his 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.

On behalf of all senators, minister, welcome to the Senate of Canada.

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The Hon. the Speaker pro tempore: Honourable senators, when shall this report be taken into consideration?

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

[English]

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  • Jun/14/22 2:00:00 p.m.

Hon. Salma Ataullahjan, Chair of the Standing Senate Committee on Human Rights, presented the following report:

Tuesday, June 14, 2022

The Standing Senate Committee on Human Rights has the honour to present its

THIRD REPORT

Your committee, to which was referred Bill S-224, An Act to amend the Criminal Code (trafficking in persons), has, in obedience to the order of reference of April 28, 2022, examined the said bill and now reports the same without amendment.

Respectfully submitted,

SALMA ATAULLAHJAN

Chair

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  • Jun/14/22 2:00:00 p.m.

Hon. Brian Francis: Honourable senators, with leave of the Senate and notwithstanding rule 5-5(a), I move:

That the Standing Senate Committee on Aboriginal Peoples be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate two interim reports relating to its study on the constitutional, treaty, political and legal responsibilities to First Nations, Inuit and Metis peoples, no later than July 31, 2022, if the Senate is not then sitting, and that the reports be deemed to have been tabled in the Senate.

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  • Jun/14/22 2:00:00 p.m.

The Hon. the Speaker pro tempore: Honourable senators, when shall this bill be read the third time?

(On motion of Senator Coyle, bill referred to the Standing Senate Committee on Foreign Affairs and International Trade.)

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  • Jun/14/22 2:00:00 p.m.

Hon. Salma Ataullahjan: Honourable senators, I rise today to speak on Bill S-9, An Act to amend the Chemical Weapons Convention Implementation Act. Unfortunately, this bill died on the Order Paper in the other place almost two years ago, and I would like to thank Senator Coyle for introducing this bill once again.

Bill S-9 would allow us to uphold our country’s strong stance on controlling dangerous chemicals, which include weapons of mass destruction as well as nuclear and biological weapons. Canada has played an important role in the creation of the Chemical Weapons Convention, or CWC, having been one of the first countries to sign on to it in 1993. To this day, Canada continues to actively serve on the executive council of the Organisation for the Prohibition of Chemical Weapons.

At the 2019 meeting of states parties to the CWC, two decisions were adopted to add new toxic chemicals to Schedule 1, including Novichok-type agents. Novichok is an umbrella term that includes several families of nerve agents developed by the Soviet Union during the Cold War under the scope of its chemical weapons program. As Senator Coyle eloquently explained last week, there has been a resurgence in the use of Novichok, as we saw in Salisbury in 2018. Two years later, Russian opposition leader Alexei Navalny was also poisoned with a Novichok nerve agent. I believe these cases only show the importance of this bill and the threat that undeclared chemical weapons programs represent to humankind.

Today I fear we may witness more casualties in Ukraine, where Russia threatens to use chemical weapons. We know Moscow has a history of falsely accusing its opponents of staging provocations that never took place or were carried out by themselves or their allies. This was the case during the Syrian conflict, and, although we lack hard evidence, analysts consider Mr. Putin’s willingness to ignore the international ban on chemical weapons to be a threat of chemical warfare.

Chemical weapons, unlike nuclear weapons, are relatively cheap and easy to make, and small amounts can cause mass casualties. Indeed, organs such as eyes, noses and lungs are particularly vulnerable to these weapons, and it is nearly impossible to limit the breadth of an attack as it can spread easily. Unfortunately, this generally entails heavy civilian casualties.

Bill S-9 is a timely bill, as it will update the text of the Chemical Weapons Convention Implementation Act to reflect the CWC and will allow for greater clarity in law without changing Canada’s obligations relating to controlled chemicals. At present, the CWC takes precedence when there are inconsistencies between the convention and our legislation, but these discrepancies may easily cause confusion. I believe Bill S-9 shows good governance, provides clarity for Canadians and reaffirms our engagement to putting an end to the use of chemical weapons. It is important to note that Canada was once a major centre for chemical and biological weapons and testing as well as for human experimentation during World War II. Canadian military forces also dumped millions of tonnes of unexploded ordnance into the Atlantic Ocean off ports in Nova Scotia. Now it is time to lead by example for a safer future.

Honourable colleagues, I would like to thank Senator Coyle once again for introducing this bill. I see no downsides to Bill S-9, and I give it my full support. Colleagues, in light of the growing conflict in Ukraine, I hope you can join me in sending Bill S-9 to committee for further study.

Thank you.

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  • Jun/14/22 2:00:00 p.m.

Hon. Patti LaBoucane-Benson moved second reading of Bill S-10, An Act to give effect to the Anishinabek Nation Governance Agreement, to amend the Sechelt Indian Band Self-Government Act and the Yukon First Nations Self-Government Act and to make related and consequential amendments to other Acts.

She said: Honourable senators, before I begin, I would like to acknowledge that I have always lived on and am speaking to you today from this beautiful Treaty 6 territory, where we are all treaty people.

I am pleased today to speak to the second reading of Bill S-10, which advances Indigenous self-government for the shíshálh Nation and Anishinabek Nation. This bill is a reflection of our country’s commitment to work with First Nation partners to implement their inherent right to self-government and self-determination and to support their visions of a better future for their communities. It supports Canada’s goal of addressing our long history of colonization and it’s a tangible action toward reconciliation.

Honourable senators, let’s take a step back for a moment to reflect upon what self-government means for Indigenous communities. For thousands of years before contact, Indigenous peoples operated their own forms of government. They established and enforced their own laws with their own forms of leadership, and they divided responsibilities according to their customs. When settlers arrived on the shores of this land now known as Canada, some pacts and partnerships were forged with Indigenous groups through treaties, trade agreements and military alliances. However, the rights of Indigenous peoples were gradually eroded with each new colonial decision, policy and law. The treaties and partnerships were neither upheld nor respected.

In 1876, the government passed the Indian Act, which imposed a colonial system of governance on First Nations. It actively erased systems that had been in place for centuries, and it failed to recognize the unique needs and aspirations of communities. But Indigenous inherent rights to governance were never relinquished and, in 1982, they were reaffirmed in section 35 of the Canadian Constitution. Now Canada is working to undo federally imposed systems of governance and reaffirming the inherent rights of Indigenous peoples.

Self-government agreements support this process. These agreements set out law-making authority in many areas, including how to educate their children, how to manage their lands, how to protect their cultures and languages and how to build their economies and create jobs.

Senators, Bill S-10 is dual-pronged. First, it contains measures that would modernize the Sechelt Indian Band Self-Government Act and, second, it supports the implementation of the Anishinabek Nation Governance Agreement. I will provide some context for both.

In 1986, the shíshálh Nation became the first Indigenous nation in Canada to achieve self‑government with their own self‑governance act. Now, almost 40 years later, the legislation is showing its age.

When I spoke with shíshálh Chief Warren Paull today, he said that, in 1986, their constitution was basically a cut-and-paste from the Indian Act. There just wasn’t time to think about it deeply. Now, over 30 years later, they want to decolonize their constitution. Canada’s policies and relationships with Indigenous partners have evolved and now, at the request of the community, we know this arrangement must evolve, too.

For the past two years, the government has been collaborating with the shíshálh Nation on proposed amendments to their self‑government legislation. The most symbolic of these changes is an update to the act’s name. If approved, it would transition to the “shíshálh Nation Self-Government Act,” removing the Crown-imposed anglicized name and spelling of “Sechelt.”

Other changes include removing outdated provisions that are not required under modern self-government arrangements; confirming lawmaking powers over social and welfare services, including child and family services for all shíshálh Nation members; and allowing the establishment of new land registries, as an alternative to the Indian Act reserve land register.

The shíshálh Nation is a leader in the realm of Indigenous self‑governance, and these amendments uphold their leadership. Support for this bill would show that Canada continues to be an active partner in supporting nation-to-nation relationships with self-governing Indigenous partners, not only now but on an ongoing basis as their needs evolve in the future.

The second part of this bill is the Anishinabek Nation Governance Agreement Act. In April 2022, Minister Marc Miller joined the Anishinabek First Nations leaders in signing the Anishinabek Nation Governance Agreement, and the proposed governance agreement act would bring this agreement into effect. This historic agreement recognizes Anishinabek control over their government and law-making powers in four key areas: leadership selection, citizenship, language and culture and government operations.

Notably, this would be the second self-government agreement concluded by the nation in a span of five years. In 2018, 23 First Nations signed a self-government agreement recognizing Anishinabek control over education on-reserve. And there’s a third one on the horizon; in 2021, an agreement in principle on Anishinabek child, youth and family well-being was reached, which lays out a road map for negotiating a final agreement in the future.

Honourable senators, the Anishinabek First Nations are ready to reclaim their inherent rights to governance. We simply need to support them.

Before concluding, it’s important to note that this legislation was drafted and co-developed in partnership with both First Nations. I would like to take a moment to acknowledge the work of the shíshálh Council and Anishinabek Nation in developing these pieces of legislation. After years and years of work, both of these initiatives have strong support from these First Nations partners. I can think of no better reason for us to work efficiently and without delay on this bill.

Honourable senators, we must take action. The proposed shíshálh Nation Self-Government Act and the proposed Anishinabek Nation Governance Agreement Act are just two examples of how the Government of Canada can support First Nations and all Indigenous peoples in achieving their inspiring visions of a better future for all of their citizens. It’s not the federal government’s place to control or oversee the affairs of Indigenous peoples. This bill helps remove the federal government from that colonial role.

If we want to have any hope of addressing the long history of colonization in this country, we must support initiatives like this. We must respect and acknowledge the long-standing and established practice of Indigenous governance. And we must lift up arrangements that are created by Indigenous communities, for Indigenous communities, so that they can achieve their own visions of success.

I thank the honourable senators for their time, and I would respectfully ask that we send this bill to committee today, without delay. Thank you, marsee and hiy hiy.

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Hon. Pat Duncan: Senator LaBoucane-Benson, you spoke of the consultation with the shíshálh First Nation. Can you also outline, or must it wait until committee to outline, what consultation process took place with self-governing Yukon First Nations and the Yukon government?

Senator LaBoucane-Benson: Thank you, Senator Duncan. I have not spoken with the Yukon government nor the First Nations there, but I do know that the act removes an outdated provision requiring Governor-in-Council approval prior to entering into financial agreements between Canada and Yukon First Nations. This was a provision that was removed in the Sechelt Indian Band Self-Government Act; they’re doing that right now. Because that was a copy-and-paste into the Yukon First Nations Self-Government Act, they made that change as well, but we will have to wait until committee study to find out the details of consultation. I hope that answers your question.

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  • Jun/14/22 2:00:00 p.m.

Senator Duncan: Honourable senators, I rise in support of the proposed amendments to the Sechelt Indian Band Self‑Government Act, but I also want to speak with regard to the provisions for the Yukon First Nations Self-Government Act.

Senators have heard me speak several times about the Yukon, and — to borrow the phrase from the Assembly of First Nations Regional Chief in the Yukon — “a Yukon that leads.”

Following up on my question to Senator LaBoucane-Benson, I asked her about what consultation process had taken place. I asked that because, by way of a bit of background, there are challenges in negotiating these agreements — the land claim agreements and the self-governing agreements. The process for the umbrella final agreement under which all self-governing agreements are negotiated in the Yukon began with discussions in the 1970s with the document Together Today for our Children Tomorrow and concluded in the 1990s. They take a great deal of time, thought and work on the part of all parties involved.

Of the 14 Yukon First Nations, 11 have self-governing agreements. As I mentioned, it’s not an easy task to reach these self-government agreements. The real challenge is giving life and meaning to the agreements.

I mentioned a consultation process. It is clearly set out in the policies and procedures of the Government of Yukon — that is, how consultation must take place in order to ensure that it is a true consultation process. A part of giving life and meaning to these agreements is ensuring we live up to them.

This minor change — a “cut and paste,” as was discussed — after my consultation and discussions with the grand chief, I believe took place at the technical level and by technicians. Really, this is a minor technical amendment, but it gives life and meaning and respect to the self-government agreements that are so important.

When I say “self-governing agreements,” what I’m referring to is also a government-to-government relationship between the Government of Yukon and the government of, for example, the Carcross/Tagish First Nation; or the Tr’ondëk Hwëch’in First Nation in Dawson City; the Vuntut Gwitchin First Nation in Old Crow. These government-to-government relationships are really the life and meaning of self-governing agreements. They treat one another with respect, understanding and recognition of a new relationship. They are recognition, again, of “a Yukon that leads” in this particular area.

I support this amendment, and I am looking forward to committee discussions, further elaboration on what has gone on in terms of the background to this piece of legislation and the “cut and paste,” as it was referred to. And I look forward to being able to further elaborate at third reading and explain to my colleagues how the government-to-government relationship works on the ground in such manners as the Yukon Forum that is held annually with First Nation chiefs, the Government of Yukon, and how it is heard and understood as well by the Government of Canada.

I’m proud to be able to stand in support of this legislation and to recognize the work of the individuals who worked so hard in the public service of First Nation governments, the Government of Canada and the Government of Yukon in ensuring that we do indeed give life and meaning to self-governing agreements and respect to one another.

I look forward to committee debate on this and supporting it further at third reading.

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  • Jun/14/22 2:00:00 p.m.

Hon. Lucie Moncion moved second reading of Bill C-19, An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures.

She said: Honourable senators, I rise today at second reading of Bill C-19, An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures. As the sponsor of this bill in the Senate, I am pleased to present the measures proposed by the government.

This bill enables the government to move forward with certain measures in Budget 2022. As you will see from my speech, the investments described in the government’s recent budget — and through Bill C-19 — are focused on some of the more pressing issues in the Canadian economy, because we are all well aware of the high inflation that is weighing heavily on the minds and wallets of Canadians.

This budget implementation bill contains several measures to meet the current challenges most Canadians are facing. These challenges include affordable housing, the labour shortage and the inequities in our current tax system, among others.

In my speech I will explain how the government plans to meet these challenges. I will then present the improvements that were made to the bill at the other place and, finally, I will talk about the Senate’s contributions to this bill, particularly by means of studies and private bills introduced by senators.

[English]

The first is making housing more affordable.

Knowing it is top of mind for many Canadians, I want to first touch on the set of measures aimed at addressing the housing crisis in Canada and, more specifically, the need for housing that is accessible and affordable to all Canadians.

Everyone should have a safe and affordable place to call home. However, according to StatCan, in 2018 more than 1.6 million Canadian families lived in an unsuitable, inadequate or unaffordable dwelling. This means that one in ten Canadian families was living in poor housing and couldn’t afford alternative housing in their community.

The people most impacted by this housing crisis are seniors living alone and racialized Canadians.

The government wants to change that by putting Canada on a path to double the number of homes being built over the next 10 years. Some of the measures proposed in Bill C-19 support this effort, including addressing barriers that keep more housing from being built.

The first one concerns payments of up to $750 million to support municipalities to address their pandemic-driven transit shortfall and improve housing supply and affordability.

More specifically, Bill C-19 would authorize the Minister of Finance to make payments to the provinces and territories out of the Consolidated Revenue Fund. The payments would be subject to the terms and conditions that the minister considers appropriate and, to maximize funding, be conditional on provinces and territories matching federal contributions.

At the Standing Committee on Finance in the other place, la Fédération québecoise des municipalités spoke about the importance of housing investment in coordination between the provincial and federal governments. For this to work, all levels of government will need to collaborate.

It’s important to note that the House of Commons unanimously adopted an amendment requiring that a report detailing the amount paid to the provinces and territories for transit and housing be prepared within three months, and another requirement for the tabling of this report within 15 sitting days after it is completed. Improving the transparency and accountability mechanisms could lead to greater and more visible results.

[Translation]

The investments announced in Budget 2022 to double the construction of new housing in Canada over the next decade are part of an ambitious plan that will require the cooperation and commitment of all levels of government.

Through Bill C-19, the federal government is giving itself the means to meet its goal of significantly increasing the number of affordable housing units in Canada.

[English]

Bill C-19 also seeks to make Canada’s housing market fairer by legislating a two-year ban on foreign investors buying houses in Canada. For years, foreign money has been flowing into Canada by way of residential real estate. This has fuelled concerns about the impact on costs in cities like Vancouver and Toronto, and across the country, leading Canadians to be worried about being priced out of the housing market.

Local average-income-earning taxpayers simply cannot compete in a market where foreign money flows freely, driving up prices. Division 12 of Part 5 of the bill would prohibit non‑Canadians from purchasing residential property in Canada for a period of two years starting on January 1, 2023. This measure would apply to foreign corporations and entities, and prevent ineligible persons from avoiding the ban by using corporate structures.

Individuals with work permits who reside in Canada, refugees, people fleeing international crises and international students who are on their way to becoming permanent residents would be exempted from this ban.

By banning foreign purchases of Canadian housing for two years, the government’s purpose is to make sure that houses in Canada are being used as homes for Canadian families, not as speculative financial assets.

In addition to these measures, Bill C-19 aims to help tackle speculative trading by making all assignment sales of newly constructed or renovated housing taxable for GST and HST purposes. This amendment would eliminate the ambiguity that can arise under the existing rules regarding the GST/HST treatment of assignment sales.

This would ensure the GST/HST applies to the full amount paid for a new home, including any amount paid as a result of an assignment sale, which would result in greater consistency in the GST/HST treatment of new homes and would contribute to a fairer housing market for Canadians.

[Translation]

For those who already own a home, Bill C-19 will help seniors and people with disabilities to live and age at home by doubling the annual limit of the home accessibility tax credit from $10,000 to $20,000 as of the 2022 tax year.

Doubling the credit’s annual limit will help make more significant alterations and renovations more affordable, including the purchase and installation of wheelchair ramps, walk-in bathtubs, and wheel-in showers; widening doorways and hallways to allow for the passage of a wheelchair or walker; and building a bedroom or a bathroom to permit first-floor occupancy.

This measure will be particularly helpful for Canadians who live in multi-generational homes. Even before the pandemic, the trend of multi-generational housing was on the rise. It only became more pronounced during the pandemic, when grandparents began playing a bigger role in the lives of their grandchildren to help parents better manage their work obligations, school and day care closures and remote learning. Multi-generational housing makes it possible to take care of the oldest and youngest family members at the same time.

During the pandemic, we also saw how young adults living with a disability had to settle for a very isolated and restricted lifestyle in long-term care homes, even when other options that could have considerably improved their quality of life were available.

[English]

Bill C-19 also aims to help build a strong and diverse workforce.

Through the bill, the government is also aiming to bolster Canada’s workforce and address labour shortages that have overwhelmed the economy for some time now; this includes making it easier for the skilled immigrants that Canada needs to come to our country by improving the government’s ability to select applicants from the Express Entry system who match the needs of Canadian businesses.

Express Entry has a proven record of selecting skilled immigrants who succeed in Canada’s economy and society. It is a significant improvement over the “first in, first out” model that was previously in place.

Division 23 of Part 5 of Bill C-19 proposes amendments to the Immigration and Refugee Protection Act that would build upon Express Entry’s existing flexibility and support Canada’s economic recovery and future growth by permitting the government to easily select candidates who meet a range of economic needs and priorities. The parties in the other place worked together to improve this section of the bill by adding a requirement for a public consultation process when establishing the categories.

[Translation]

Bill C-19 proposes to make an amendment to the Income Tax Act by introducing a new labour mobility deduction for tradespeople for the 2022 and subsequent tax years to reduce the shortage of skilled tradespersons.

In the construction industry, at different times, some regions have more job opportunities than others. Many workers take advantage of these opportunities and accept temporary jobs in different parts of the country when opportunities arise.

This new measure would make it possible for eligible workers to deduct eligible expenses up to half of their employment income earned by relocating, up to a maximum amount of $4,000 per year.

[English]

Bill C-19 would also introduce 10 days of paid sick leave for workers in the federally regulated private sector, which will support 1 million workers in industries like air, rail, road and marine transportation, and banks, postal and courier services with implementation by no later than December 1, 2022. One proposed amendment would give the Governor-in-Council the option of delaying the application of the paid sick leave provision to small employers: for example, businesses with fewer than 100 employees. This is because small employers may require additional time to implement the necessary payroll and organizational changes to comply with the new requirements.

However, the government is not planning to use this option, and the paid sick leave provisions are expected to come into force on December 1, 2022, for all employers, small and large.

[Translation]

Bill C-19 provides for a one-time $2-billion payment through the Canada Health Transfer to address the many challenges Canadians have experienced because of delayed medical procedures during the pandemic, which caused significant backlogs. That payment is on top of the $4.5 billion already provided to the provinces and territories to help them reduce backlogs in their health care systems.

This amount, which would be proportionally distributed to the provinces and territories on a per capita basis, would help to further reduce the backlogs of surgeries and procedures that Canadians need but were forced to postpone because of the impact of COVID-19 on Canada’s health care system.

As part of the Canada-United States-Mexico Agreement, Canada agreed to amend the Copyright Act, by the end of 2022, to extend the general term of copyright protection from 50 to 70 years after the life of the author. The general term of copyright protection applies to a wide variety of works, including books, films, music, photographs and computer programs. Division 16 in Part 5 will enable Canada to fulfill its obligations before the deadline, to be on equal footing with its trade partners and to create new export opportunities for Canada’s creative industry and Canadian content.

Some 80 countries, including some of Canada’s main trading partners, such as the United States, Mexico, the European Union, the United Kingdom, Australia, Japan and South Korea, have adopted the general term of protection for 70 years or more after the life of the author. Extending the term of protection will ensure that Canadian copyright holders enjoy protection for the same period of time in those countries.

[English]

Next is a fair and robust tax system. By enacting the proposed select luxury items tax act, Bill C-19 would also strengthen Canada’s tax system. Those who can afford to buy expensive cars, planes and boats can also afford to pay a bit more. To that end, through Bill C-19, the government would introduce a tax on the sale of new luxury cars and aircraft with retail sales prices of over $100,000 and on new boats over $250,000. Luxury items of that kind are entirely out of reach for most Canadians.

The act includes modern elements of administration and enforcement aligned with those found in other taxation statutes. The tax would be calculated at the lesser of 20% of the value above this price threshold or 10% of the full value of the luxury vehicle, aircraft or vessel, with a coming into force date of September 1, 2022. It is important to note that the majority of the demand for these million-dollar yachts or private planes is not in Canada. Rather, 80% of what is produced in Canada is exported and so is not covered by the luxury tax. Therefore, manufacturers are not expected to feel a major impact. Regarding luxury vehicles, the majority are not manufactured in Canada, so there will be little impact on jobs.

To respond to concerns expressed by stakeholders regarding the potential impact of the tax on the aircraft industry, the other place adopted an amendment to Bill C-19 granting the government the flexibility with respect to the coming into force of the aircraft provision. This flexibility will allow the government to consult further and potentially improve what is currently proposed.

[Translation]

The government will also accelerate the creation of a public, searchable registry of federally incorporated corporations. The registry will go live by the end of 2023, which is two years earlier than planned, to fight illegal activity, such as money laundering and tax evasion. This measure will address the problem of Canadian shell companies being used to conceal the true ownership of assets, including businesses and property. It will help Canada reverse this trend through a risk-based approach to fighting money laundering.

On a more urgent and pressing note, Bill C-19 will also enable the Government of Canada to cause the forfeiture and disposal of assets held by sanctioned individuals and entities, including Russian elites and those who act on their behalf, and to use the proceeds of confiscated assets to help the Ukrainian population. This measure actually came from Senator Omidvar’s Bill S-217, An Act respecting the repurposing of certain seized, frozen or sequestrated assets. I applaud Senator Omidvar’s hard work and resilience in moving this important matter forward, especially given the current international situation because of the war in Ukraine.

That brings me to my next topic, recognizing the Senate’s and senators’ work on this voluminous and complex bill.

First of all, I would like to highlight the important work of the six committees that have already completed the pre-study of certain sections of Part 5 of Bill C-19: the Aboriginal Peoples Committee, the Banking, Trade and Commerce Committee, the Foreign Affairs and International Trade Committee, the Legal and Constitutional Affairs Committee, the National Security and Defence Committee, and the Social Affairs, Science and Technology Committee.

The National Finance Committee is studying all the details of the bill and doing its work, which is already well under way. I would like to thank the members of these committees and their chairs for their excellent work, which is crucial to the sober second thought worthy of this upper chamber.

[English]

Improvements to the bill: In the meantime, while the Senate was conducting its pre-study of the bill, the House of Commons, based on its work at their Standing Committee on Finance, adopted a series of amendments that greatly improved this legislation. The amendments were adopted with the support of the government and opposition parties. I mentioned some of them earlier in my speech. Let me go through a few more.

Part 1 of Bill C-19 expands the eligibility criteria for impairment in mental function as well as the essential therapy category of the disability tax credit. An amendment adopted unanimously makes it so that those who are diagnosed with Type 1 diabetes automatically qualify for the Canada disability benefit. This is a great improvement to the bill, and I am grateful that it was supported by all parties in the House of Commons.

[Translation]

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(Pursuant to the order adopted by the Senate on December 7, 2021, to receive a Minister of the Crown, the Honourable Sean Fraser, P.C., M.P., Minister of Immigration, Refugees and Citizenship, appeared before honourable senators during Question Period.)

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Senator Plett: On May 3, your parliamentary secretary also told the House that increasing the length of a super visa from two years to five years, as Mr. Seeback’s bill proposed, would undermine the system and contradict the spirit of the super visa. She said that the NDP-Liberal government supported increasing the stay to three years and not five.

A week ago, again, your government’s concerns about the five-year extension disappeared and you, again, minister, claimed this idea as your own.

Minister, you’ve been condemned for the delays in helping thousands of Afghans and their families come to Canada. Passport Canada is a complete and total mess. Isn’t that why you passed off Kyle Seeback’s ideas as your own — because you need some positive news to cover for your many failures?

When it comes to Afghanistan, we now have more than 15,500 refugees who have landed. When it comes to our response to Ukraine, there are tens of thousands of people already in Canada. When it comes to our permanent residency, we have now welcomed 200,000 new permanent residents who were already here a month and a half faster than any year on record. We are pumping out work permits at more than double the pace of last year.

With great respect, senator, there are many successes to point to. I would chalk up the changes to the super visa as one of them, but I would not claim it as my own; it has been the result of collaboration amongst different parties in the House of Commons. I think that is something we should all celebrate.

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