Hon. Marty Klyne: Honourable senators, I rise today to acknowledge the important contributions of Madam Fortin and Mr. Plamondon, the two external members of the Standing Committee on Audit and Oversight.

Your Honour, I thank you for recognizing their presence here in the gallery, and I’m pleased to speak to you about the work they do as committee members.

As senators know, the Audit and Oversight Committee was established in October 2020, with a mandate to provide oversight on the Senate’s internal and external audits. At first glance, it may look similar in function and appearance to other standing committees. However, this committee is unique because it includes two external members who are not senators. It’s the first time in the Senate’s history that non-senators have been included as members of a committee, and I’m pleased to tell you that their wealth of knowledge has been a great complement to the work we do as a team.

Madam Fortin and Mr. Plamondon are both highly qualified Chartered Professional Accountants who have accumulated decades of valuable experience during their respective careers, and their input into the committee’s work has been of tremendous benefit to me and my fellow committee members. Their business experience and expertise have helped us shape how the Senate’s audit process should function — a topic that is of interest to everyone in this chamber.

As chair, I have benefited greatly from the knowledge and unique insights that they bring to the table. These two external members add integrity and highly skilled competency to the committee’s work, which is of the utmost importance, and their valued contributions benefit everyone in this chamber.

The Standing Committee on Audit and Oversight plays an important role in protecting the reputation of the Senate of Canada, which is strengthened by the engagements of Madam Fortin and Mr. Plamondon.

On a personal note, I hold them both in high regard, and I look forward to continuing the work we do together. I thank them again for their contributions, and I ask all senators to join me in saluting their service. Thank you.

Hon. Dennis Glen Patterson: Honourable senators, I rise today during National Indigenous History Month to honour Jose Amaujaq Kusugak, originally from Repulse Bay, now Naujaat, who settled in Rankin Inlet, Nunavut, in 1960 and is one of three Indigenous leaders honoured by Canada Post this month with a postage stamp bearing his image and his name in English and Inuktut. Two other Indigenous leaders similarly honoured by Canada Post this month are Harry Daniels, who lobbied to have Métis and non-status Indians recognized in section 35 of Canada’s repatriated Constitution, and Chief Marie-Anne Day Walker-Pelletier, who led the Okanese First Nation in Saskatchewan for almost 40 years.

The Jose Kusugak stamp was unveiled in Rankin Inlet, Nunavut, this week by Canada Post with Jose’s family and namesakes present. His widow, Nellie Kusugak, an educator and former commissioner of Nunavut, spoke at the event as well, noting that Jose’s mother had urged him to serve Inuit — a cause to which he devoted his life. He made his mark in many ways, from being a teacher of Inuktut language and history at the University of Saskatchewan Language Centre and later at the Churchill Vocational Centre in Manitoba. His work with the Inuit Cultural Institute in the 1970s led to the creation of the dual writing system widely used in Nunavut today, a mix of syllabics, in which his name appears on the new Canada Post stamp, and Roman orthography. Also, he had a notable career in broadcasting working for CBC North, where he enthralled listeners, and the Inuit Broadcasting Corporation.

He was president of the national Inuit organization Inuit Tapiriit Kanatami. And as president of Nunavut Tunngavik Incorporated in the late 1990s, he played a pivotal role in the implementation of Nunavut, including persuading the federal government to sole source a contract for the building of a new legislature in Nunavut’s capital, and offices and housing in 10 decentralized communities, which resulted in the creation of Nunavut Construction Corporation, an Inuit-owned, Inuit-led corporation which is now a leader in construction throughout Nunavut.

In a tribute written about Jose by the husband of Governor General Mary Simon, Whit Fraser, Jose was described as Nunavut’s “cheerful muse.” He was quoted as saying:

Every situation has a funny side to it. We owe it to our soul and spirit to laugh and see the sunny side of life.

Jose was a loyal Canadian and an Inuk champion who was well known in Nunavut and in national first ministers’ meetings for describing Inuit as “First Canadians, Canadians First.” Thank you.

Hon. Ratna Omidvar: Honourable senators, I rise today to recognize World Refugee Day. This has never been a day for celebration, least of all this year, because this year marks a new threshold of misery, insecurity, heartbreak and displacement for millions of new people.

In Ukraine alone, over 7 million people have fled the brutal and ruthless invasion by Russia. In Afghanistan, we watched in horror as the Taliban returned, resulting in a mass exodus from the country.

All told, today there are over 100 million people who have been displaced. This is a new high. I know that sometimes numbers are meaningless because we hear so many numbers thrown at us, so let me try and put these numbers into some context for you. One hundred million people is more than the entire populations of the U.K., France or Italy, and more than twice the population of Canada. If you pulled together the world’s largest cities — New Delhi, Mexico City and Beijing — you would still not get to 100 million. By all accounts, this number is only going to climb because of climate change, climate migration and, sadly, more conflict.

I believe we need to come to grips with this new normal, yet tragic, way of life. Although I appreciate that Canada has worked hard to bring in Afghans and Ukrainians, we know that our response could be better, faster and more humane. We cannot be reinventing the wheel whenever a new crisis arrives, because there will always be a new crisis.

Canada needs to be better prepared, learn its lessons from the past as well as its successes — such as our response to Syrian refugees — and permanently realign the machinery of government at IRCC, Global Affairs Canada and other departments to create a rapid response mechanism which will make us more nimble, responsive and efficient. We owe it not just to the people who have lost their homes, but we also owe it to ourselves. Thank you.

Hon. David M. Wells: Honourable senators, I would like to begin by thanking Senator Klyne for his introduction of our honoured guests. Colleagues, historically, parliamentary committee memberships were exclusive to parliamentarians. It has been like that since 1867. As you have heard, on June 8, 2021, just over a year ago, our Standing Senate Committee on Audit and Oversight appointed our two external members, Mr. Plamondon and Madam Fortin, who are obviously here with us today.

Today, I rise to pay tribute and welcome our new committee colleagues and colleagues of all senators, and I thank them for their excellent work and contributions to the Audit and Oversight Committee over the past year. I recall when we were looking at all the résumés and applications that came in. Senator Dupuis, Senator Downe and I went through many of them. We were looking for people of the highest standard, and I know we succeeded in that endeavour.

It is an honour to work alongside these talented individuals in the service of the Senate and in the service of Canadians by increasing accountability and transparency here in the Senate. Honourable senators, please join me, again, in thanking Mr. Plamondon and Madam Fortin for their valuable contributions to our chamber.

Hon. Senators: Agreed.

Senator Francis: Honourable senators, I only intend to speak very briefly on behalf of the Standing Senate Committee on Aboriginal Peoples. The committee wishes to congratulate the Anishinabek Nation for concluding the historic Anishinabek Nation Governance Agreement and the shíshálh Nation for leading the implementation of its first formal Indigenous self‑government agreement in Canada. The committee observed that it took 27 years to negotiate the Anishinabek Nation Governance Agreement, and urges the federal government to ensure continuity in negotiators and staff while supporting negotiation capacity in First Nations communities so that agreements are reached in a timely and efficient manner. Wela’lioq, thank you.

Hon. Brian Francis, Chair of the Standing Senate Committee on Aboriginal Peoples, presented the following report:

Thursday, June 16, 2022

The Standing Senate Committee on Aboriginal Peoples has the honour to present its

FIFTH REPORT

Your committee, to which was referred 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, has, in obedience to the order of reference of June 14, 2022, examined the said bill and now reports the same without amendment.

Respectfully submitted,

BRIAN FRANCIS

Chair

He said: Honourable senators, after the clerk at the table has read the report, I would like to request leave of the Senate to speak very briefly.

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, my question today is once again for the Leader of the Government in the Senate.

Leader, as Statistics Canada reported recently, gun crime has gone up under this NDP-Liberal government, yet their response is to bring forward arbitrary bans, soft-on-crime legislation and a complicated buyback program that is still not operational. Meanwhile, illegal guns continue to pour into Canada across our border with the United States.

An answer to one of my written questions on the Order Paper revealed that between 2016 and 2020 the Canada Border Services Agency seized just 225 prima facie crime guns, or guns suspected or known to be destined for illicit use in Canada.

Leader, does this sound sufficient to you? Are you content with poor results on stopping smuggled guns, which are by far the main source of guns on the street? If your government genuinely wants to tackle gun crime, why are you, under Bill C-5, removing mandatory jail time for criminals who smuggle guns into our country?

Senator Plett: Of course, leader, there is no argument that this government is spending needless amounts — millions and millions of dollars — on what they are doing. That was not even mentioned in my question.

Let’s see if you can answer this question without the help of my friend Senator Lankin.

The Prime Minister likes to point to increasing jail time for illegal gun smugglers, from 10 years to 14 years through Bill C-5, as evidence that he is doing something on gun smuggling. A recent answer to a written question on the Order Paper states that for criminal cases between April 2019 and March 2020, where gun smuggling was the most serious offence:

Of the eight cases, two resulted in convictions and six resulted in stays of proceedings or charges being withdrawn. Of the two cases involving findings of guilt for an offence under section 103, one involved a period of imprisonment of greater than 24 months and one involved a period of probation between 2 and 3 years.

Leader, the Library of Parliament could not find a single instance in the past 20 years when even the current maximum of 10 years had ever been imposed by a court.

So, leader, how does raising the minimum to 14 years achieve anything? They are not even receiving the 10 that exists now. Where is the real action necessary to combat illegal gun smuggling across the border? When does it start, leader?

Senator Gold: That’s a good, serious question. I don’t want my previous answer to, in any way, detract from the seriousness of the question and the importance of this issue of providing proper shelter for those for whom it was announced.

I will have to look into the issue and I will report back but, again, it is likely the case that the decisions about the shelters and the nature of shelters would be done in collaboration with the communities within which they would be found. I expect that would be part of the answer I come back with.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question, Montrealer to Montrealer.

The government is committed to protecting and defending the rights of official language minority communities across the country, including English-speaking Quebecers. The Prime Minister has been very clear about his respect for the jurisdiction of provinces in these matters and, at the same time, his serious concerns about the way in which legislation is drafted and, indeed, protected against constitutional challenge. I have every confidence that the government will do the right thing.

I would like to highlight that, within federal jurisdiction, the reforms proposed in Bill C-13, which is in the other house, maintain the rights and protections afforded to Quebec’s English-speaking minority.

The government will continue to support the community and their organizations financially. The government will continue to protect the Court Challenges Program to help the community defend their rights in front of the courts, and will continue to help the community strengthen its institutions to maintain and preserve the vitality of our community.

Senator Loffreda: Thank you for your response.

The Prime Minister has said that he has concerns, but hasn’t spoken publicly against the bill or taken a position on the matter.

As a constitutional lawyer and expert, don’t you feel the “notwithstanding” clause should be the last word used and not the first? Isn’t this setting a dangerous precedent in Canada for minorities and their rights across Canada?

In Quebec, the business community has expressed concern. Just the other day, the technology companies sent a letter to the premier expressing concern over retaining and attracting top talent. Many have large import and export markets.

This is a serious concern for the business community, and it’s a serious concern for minority rights in Canada. I think the government should take a stronger position.

Senator Gold: Thank you. As Government Representative in the Senate, I’m pleased to answer this. We are all many things. I’m a constitutional lawyer and an English-speaking Quebecer, but I’m answering as the Government Representative.

With regard to the use of the “notwithstanding” clause, clearly the clause is legal. But its consequences, of course, are serious: It suspends the rights and freedoms guaranteed by both the Quebec Charter — in the case of a Bill 96 invocation — and, of course, the Canadian Charter of Rights and Freedoms.

The government is of the view that if a government chooses to use a remedy of this magnitude it must set out and defend the exceptional circumstances that justify the limitation or suspension, indeed, of these fundamental protections.

The government is particularly concerned when governments use the “notwithstanding” clause in a pre-emptive manner, which is the case with regard to Bill 96, before the debate has begun and before the courts have ruled on the scope of the restriction. The Government of Canada has been clear in that regard.

[Translation]

Hon. Marc Gold (Government Representative in the Senate): I thank the honourable senator for his question.

Canada’s door is always open for people who identify as LGBTQ2+ and who are fleeing violence and persecution in their country.

I am told that the government is working closely with organizations such as Rainbow Refugee, the UN Refugee Agency and other organizations to help sponsor LGBTQ2+ refugees from abroad. The government supports at least 55 service providers to help these people feel at home in Canada.

As to your specific question, dear colleague, I will find out more about Afghan refugees and I hope to get back to you soon.

Senator Cormier: Government Representative in the Senate, thank you for that answer, although it fails to reflect the urgency of the current situation.

The same urgency also exists in Ukraine. LGBTQ2+ communities face a number of challenges, including the limited availability of prescription drugs for trans people, how hard it is for them to travel because their ID does not necessarily match their gender, the fact that neighbouring countries in which Ukrainians may find refuge often have discriminatory laws in terms of LGBTQ2+ rights, and the list goes on and on.

Senator Gold, how is the Canadian government helping these individuals in Ukraine?

Hon. Marc Gold (Government Representative in the Senate): Well, thank you for the question. The government does not share your view of the utility or efficacy of this app. It continues to be an essential and intuitive tool to protect Canadians as we open our borders and fire up our economy. Through the app, our government has streamlined the reopening process. I’m advised that travel is up 707% from peak pandemic as a result.

ArriveCAN only takes a few minutes for vaccinated travellers to complete. Over 99% of air and marine travellers, and 94% of land travellers, have been compliant and, therefore, have provided for increased efficiency.

Senator Housakos: Senator Gold, I know your government doesn’t share my views. That’s why we have huge backlogs at Immigration, Refugees and Citizenship Canada, enormous lineups at Canadian passport offices and, of course, the only thing your government has really unleashed is terrible inflation that we have not seen in 30 years.

Senator Gold, Canada’s largest airport, Toronto Pearson, remains paralyzed because of the doubled processing times caused by the mandatory use of ArriveCAN. At the same time, we have tourism industry representatives and mayors of Canada’s border towns calling for its discontinuation because of its negative impact on tourism across the border.

Your government claims it invoked the Emergencies Act over concerns for economic reputation. What about the damage to our economic reputation over the petulant insistence of your government to hold on to this ridiculous app? Is that of any concern to you and your government?

Senator Gold: The government, of course, is concerned that visitors to Canada have an experience that is a good one and enjoy all the wonderful delights that this country has to offer. As we have heard before in this chamber, tourism is up and travel is up. In that regard, the government is very pleased with the progress that we’re making in returning to pre-pandemic levels and hope that this increase in tourism, activity and travel benefits the travel and hospitality industries that paid a heavy price, as we all know, during the pandemic.

[Translation]

Hon. Marc Gold (Government Representative in the Senate): I am very aware of the frustration. This term is probably not strong enough to describe the situation faced by Canadians trying to renew their passport. It is a serious and enormous problem.

The government is stepping up by funding the hiring of hundreds of additional people who are working overtime and on weekends to try to resolve this problem, which will not be fixed in a few minutes. It will take time for measures to take effect. The government is concerned and is taking the situation very seriously.

Hon. Marilou McPhedran: Honourable senators, I wish to ask the Leader of the Government in the Senate a question about the Russian invasion of Ukraine.

What we know is we are seeing that innocent Ukrainian civilians need more support to face the brunt of a vicious world leader defying international law, and the unequal sympathy and treatment that Western countries, including Canada, have shown refugees from other conflict zones.

Minister Sean Fraser told us Canada is ready to welcome Ukrainians and that “there is no limit to the number of applications.” We are seeing this disparity between 43,000 Ukrainians and around 16,000 Afghans coming to our country. We have heard unpalatable discourse explaining that this has to do, essentially, with systemic racism.

Senator Gold, how does the government justify the vastly disparate treatment and outcomes in Ukrainian and Afghan resettlement efforts?