SoVote

Decentralized Democracy
  • Jun/23/22 2:00:00 p.m.

Senator Patterson: Thank you for your speech.

As you know, one of the strong criticisms of the bill from the legal community — noted scholars I won’t name and women’s groups — is that there’s too high a burden on the Crown in this draft of the bill, and that we all believe there should be a fix, but the fix is seriously flawed.

I’m just wondering if you’re concerned that while we wait for the committee to meet and hear the witnesses we know weren’t heard or weren’t heard properly, then the 120 days — that because of this stiff evidentiary burden on the Crown, persons will get away with crimes of rape or murder through what is an easy burden for the defence and a difficult burden for the Crown.

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  • Jun/23/22 2:00:00 p.m.

Hon. Scott Tannas: Honourable senators, I rise briefly to speak on Bill C-28. I did not speak during the motion debate earlier. I’m going to make a few comments about that, and then I’ll move quickly to my thoughts on the bill.

The programming motion was agreed to by all leaders, as was said. To be clear, the programming motion arose out of very recent concerns that were being expressed by senators and by people outside of this chamber as to the bill. As a result, leaders agreed that it would be unwise, and perhaps unfair — certainly, from my point of view — to ask for leave to suspend our Rules. So we came up with the programming motion as an alternative. We participated in that process today, a process that allowed all senators to debate and decide on the path to deal with this bill — all senators.

The Senate went ahead, and we made our decision to use established tools within the Rules and without pressuring any dissidents to sit quietly and grant leave. I think that is what an independent Senate needs to look like today. I’m proud of the work that we did, even though it took time. I’m proud of the work that we did earlier today, and I want to thank everyone for their participation.

Now, on to the bill. Like many of us, I regret that we could not spend more time on the bill. I listened carefully to the speeches. I also followed our own research team and the information that they provided us, which was very clear. It is clear to me that this bill is urgent, that it is a serious matter and that it is not a political issue. We are not trying to rush somebody’s policy through for partisan reasons. There is a real and serious issue here, and there’s further evidence of that.

Honourable senators, the government moved in a little over a month from the decision of the Supreme Court to present this motion. That’s light speed in government world, and it goes to the seriousness and the urgency with which the government takes this.

We all know that once the bill was tabled in the House of Commons a little less than a week ago, the plan for a speedy passage through a unanimous motion ran into some difficulty as they listened to voices of concern and objections that began to emerge. A compromise motion included not a pre-study but a post-study, a novel idea, that the House Standing Committee on Justice and Human Rights would undertake. We have just empowered our own Legal Committee to do something similar.

Honourable senators, I think the events, the decisions and the compromises have actually worked out in an interesting fashion. We have the opportunity to plug the hole now and go with what the government recommends in their considered research. This was not a wild idea. I dare say, hundreds of people have put their best minds toward what we have been recommended to pass. We can plug the hole right now, but we will also have the opportunity to make sure that we have the appropriate permanent solution in place, and that we have a process to follow up to ensure that what we find in the post-study is actually listened to, looked at and responded to.

It will be up to us to make sure that our follow-up is acted upon. That will take some will, some diligence and some follow-up on our behalf over a long period of time where, I’m sure, we will be engaged with other things. However, I know there are people in the room here that will make sure that we follow up on it.

I support this with all my heart. I trust that the government has done their best and that they have presented us with what they believe is the best answer to this problem. I support them, but I think this is one of those moments where we take some advice from Ronald Reagan, who once said, “Trust, but verify.” We trust the government, pass this bill and we will look to verify — and act if we need to do so — in the future.

Thank you, colleagues.

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  • Jun/23/22 2:00:00 p.m.

Senator Tannas: Absolutely.

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  • Jun/23/22 2:00:00 p.m.

Hon. Pierre-Hugues Boisvenu: Would Senator Tannas take a question?

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  • Jun/23/22 2:00:00 p.m.

Senator Plett: I would like to ask the senator one quick question, if he will take it.

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  • Jun/23/22 2:00:00 p.m.

Senator Boisvenu: Senator Tannas, you said in your speech that you support this bill based on the research apparently conducted by a number of experts. Can you tell us why the minister wasn’t able to tell us what other jurisdictions were consulted before this bill was introduced?

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  • Jun/23/22 2:00:00 p.m.

Senator Tannas: I was not talking about consultations. I was talking about the Department of Justice and their ability to assess the situation and recommend a remedy.

I’m not at all sure, and that’s why I think it’s important that we have the committee post-study. I’m not at all sure that the consultation process was complete or that this is 100% the answer. But I am not convinced that it is not the answer sufficiently that I would want to say we should reject this bill and send it back to the drawing board for weeks or months. I think we should do the “and.” It doesn’t have to be “this” or “that.” It’s “and.” Take this, plug the hole, decide whether this is the right remedy for the long term, permanent, and we will do that in a proper amount of time, listening to all the voices, including experts and people who, for other reasons, want to have a say. That’s the path we have, and I’m satisfied with it.

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  • Jun/23/22 2:00:00 p.m.

Hon. Paula Simons: Honourable senators, I rise today to speak to Bill C-28, An Act to amend the Criminal Code (self-induced extreme intoxication). I want to remind us what we’re actually talking about here.

On a January night in 2018, Matthew Brown, a student at Mount Royal University in Calgary and the captain of the Mount Royal hockey team, went to a party. He had quite a bit to drink and then took some magic mushrooms.

That mixture put Mr. Brown into what the trial judge later described as “substance intoxication delirium,” a condition that was so extreme as to be “akin to automatism.” While capable of physical movement, Mr. Brown had no willed control over his actions.

He stripped off all his clothes on a cold Calgary January night and ran barefoot into the snow while friends chased after him. Fifteen minutes later he broke into the home of a professor at Mount Royal University, but Brown did not know her. This was a random attack, not an attack with a motive. He beat the professor with a broomstick, breaking her hand. Then he continued running, smashing his way into a second home a kilometre away an hour later. The couple who lived there called police, and police found him there delirious on the bathroom floor.

Mr. Brown had no criminal record, no history of mental illness. He had taken magic mushrooms before but never experienced anything like this reaction. At trial, a judge in Calgary found him not guilty, saying he could not have formed the necessary intent to commit a crime. The Alberta Court of Appeal disagreed, yet last month the Supreme Court of Canada ruled unanimously that Brown should not be held responsible for the violent actions he had committed and, further, that section 33.1 of the Criminal Code was unconstitutional.

As Senator Gold has explained to us, section 33.1 was introduced in 1994 in response to public outrage in the case of a chronic alcoholic named Daviault, who committed a terrible sexual assault while extremely drunk.

At that time, there were complaints that that bill was being rushed because it was passed within just a few months. It has long been seen as problematic and perhaps unconstitutional.

So why did the court strike down the section of the code last month? Let me quote from their unanimous judgment, and I promise this is a different quotation than the one read to us by Senator Gold.

Section 33.1 breaches s. 7 of the Charter by allowing a conviction without proof of mens rea or proof of voluntariness. It is a principle of fundamental justice that proof of penal negligence, in the form of a marked departure from the standard of a reasonable person, is minimally required for a criminal conviction, unless the specific nature of the crime demands subjective fault. Section 33.1 requires an intention to become intoxicated but intention to become intoxicated to any degree suffices — it matters little that a person did not foresee their loss of awareness or control, and nothing is said about the licit or illicit nature of the intoxicant or its known properties. For this reason, while s. 33.1 applies to those who recklessly invite their loss of control, it also captures unexpected involuntariness, for example an unexpected reaction to a prescribed pain medication. It also imposes criminal liability where a person’s intoxication carries no objective foreseeability of harm. Furthermore, instead of asking whether a reasonable person would have foreseen the risk and taken steps to avoid it and whether the failure to do so amounted to a marked departure from the standard of care expected in the circumstances, s. 33.1 deems a marked departure to be present whenever a violent act occurs while the person is in a state of extreme voluntary intoxication akin to automatism. Since s. 33.1 allows the court to convict an accused without proof of the constitutionally required mens rea, it violates s. 7 of the Charter. Section 33.1 also directs that an accused person is criminally responsible for their involuntary conduct. Because involuntariness negates the actus reus of the offence, involuntary conduct is not criminal, and the law recognizes that voluntariness for the conviction of a crime is a principle of fundamental justice.

The court’s ruling was clear. You can’t be convicted of a crime if you’re in a state of automatism, unconscious of your actions. That is not a legal loophole. It is a fundamental principle of justice. Again, this is not the same thing as having your judgment impaired by crack, meth or vodka.

As Senator Gold explained, the court stressed this defence is not available to those who just get really drunk or high. A person in a state of automatism has, for all intents and purposes, left their own body. It is an extremely rare condition and an extremely rare defence in law.

Nonetheless, there has been a huge public backlash to this ruling and a fear that the decision somehow gives a get-out-of-jail-free card to anyone who got drunk and committed a sexual or domestic assault, so we see this extraordinary rush to amend section 33.1. It is truly extraordinary.

Bill C-28 was introduced in the House of Commons last Friday. Suddenly, it is here before us, and we are asked to pass it immediately, without study by the Standing Senate Committee on Legal and Constitutional Affairs and with very truncated speeches. We’ve heard only from the minister — not from any of the bill’s critics; not from those who feel it goes too far; not from those who feel it doesn’t go far enough; and not from those who simply find its language unclear, confusing and open to challenge.

Bill C-28 offers a new definition of what it means for a person to depart markedly from the standard of care. First, the court must consider the objective foreseeability of the risk that the consumption of an intoxicating substance could cause extreme intoxication. Second, it must consider all relevant circumstances, including anything that person did to avoid the risk.

The premise then is to treat the consumption of drugs such as magic mushrooms as a type of criminal negligence. I fear, though, that we could find ourselves caught in a kind of ex post facto logical loop.

If you take recreational prescription drugs recklessly, end up in a state of automatism and do not commit a violent act against another person, presumably you are every bit as negligent, morally speaking. So then are you only guilty if you hurt someone due to a rare reaction? The temptation, I fear, may be to argue backwards: that the fact that you did hurt someone is itself the proof of your negligence.

Now, Mr. Brown drank a lot, but that did not trigger any violence. Then he took some mushrooms, as he had done before without ill effect. Yet that night, that combination of alcohol and psilocybin caused him to commit terrible acts. Was his bizarre neurochemical reaction reasonably or objectively foreseeable? Could a reasonable Canadian have predicted it?

In law there is an adage that the risk to be perceived defines the duty to be obeyed. What was the risk to be perceived in this case, and what was the duty? I don’t know if Bill C-28 strikes the right balance between protecting the rights of victims and the rights of the accused to a fair trial. Perhaps you don’t either. How could we, given the bill has had virtually no debate in the House, that we were never able to call expert witnesses, and there has been no time for meaningful, public press debate?

This unseemly haste, my friends, is not a mark of political courage but of political cowardice, and every single party in the other place is implicated. Nobody wanted to deal with the political risks of tackling these hard questions in earnest; and, if we’re frank, nobody much wanted to delay their summer holidays. Instead, our friends over there tossed us this hot potato. This Senate is full of former judges, former prosecutors, former police detectives, former constitutional law professors. We count amongst us doctors, people who have worked in the corrections system, a professor of psychiatry, human rights advocates, experts in domestic violence and victims’ rights and feminist law reform. Oh, and half of us are women. And yet, this chamber — so uniquely qualified to analyze and study this bill — has been robbed of our chance to do the job we were designed for. We have been robbed of our chance to do a proper study of this bill before the fact, not after. Talk about ex post facto logic.

We are being asked to irresponsibly pass a bill on speculation in the hopes that, if there are problems, we can fix them later. For the sake of everybody who may be brought to trial in the interim, this is something I cannot support. Thank you. Hiy hiy.

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  • Jun/23/22 2:00:00 p.m.

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, it seems the older one is, the faster time moves. Here we are at the end of June, after another year of uncertainty. As happened in the previous year and due to the newest variant of COVID-19, 2022 had us working under many of the same constraints. But with experience came some degree of ease of management, and the knowledge acquired from 2020 forward allowed us to plot our course more easily.

Committees were still unable to meet as often as during pre‑pandemic years, and resources and manpower continued to be at a premium. But the work got done and we managed to accomplish much, in no small measure because of our dedicated Senate support staff. Without our pages, table officers and Senate clerks, there would be no business conducted in this chamber. At risk to their own health, they were physically present every sitting day, regardless of how sparsely filled the Senate seats might be. Thank you all for your loyalty and dedication.

While our committee schedule was cut back considerably, our committee clerks and attendants were present at each and every committee meeting, even if only one or two senators were in the room and all others were attending virtually. You also deserve our gratitude.

Thank you to our IT staff, who ensured that witnesses could connect from anywhere on the planet, that we, non-tech savvy senators, could participate in the chamber or in committee from our homes and that all involved could be seen and heard.

I want to offer a special shout-out to the interpreters. Some of us have spoken to those professionals about the unforeseen issues that they’ve suffered. We’ve also read and heard about the physical toll that this situation has taken on them. I want to thank each and every one of you on behalf of the Senate of Canada. Without your expertise and competence, we simply truly could not function.

Thank you as well to the men and women of the Parliamentary Protective Service. For you, this was a year like no other. You have our thanks for all you did and all you experienced.

Senator Furey, the Speaker of the Senate, is charged with all decisions relating to this place. You have navigated these troubled waters with the firm hand of an experienced captain, all the while understanding that the work must never stop. Your guidance during yet another year of operating in a hybrid fashion — or in February, when access to this building was sporadic and when human resources were at a premium — ensured that the business of the Senate on behalf of all Canadians didn’t take a break. Thank you, Your Honour, for taking on these challenges and responsibilities, which I’m quite certain weren’t in your original job description.

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  • Jun/23/22 2:00:00 p.m.

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, the end of the parliamentary session presents us with an opportunity to reflect on the last few months. And you can believe me when I say it has been wonderful to find ourselves face to face in large numbers in person in this chamber. Hybrid Parliament was meant to be a temporary measure in response to unusual circumstances. Sadly, the government moved that our hybrid sittings carry on longer than anticipated. The resulting effects weren’t minimal and meant that our capacities were reduced. Our committee meetings were reduced, which, regrettably, led to less parliamentary oversight and decreased accountability.

I also want to thank our interpreters, who have gone above and beyond in providing exceptional service. Hybrid sittings have taken a toll on them, and we have heard this over and over again. The technical difficulties we faced caused them more grief than anyone else in this chamber. While they were often stretched thin in their personal capacities, when hearing their voices on the audio, no one would have known. Thank you for your perseverance this year.

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  • Jun/23/22 2:00:00 p.m.

Senator McCallum: Honourable senators, I rise today to speak to Bill C-28, An Act to amend the Criminal Code (self‑induced extreme intoxication).

As is true with many in this chamber and many in the general public, I, as a First Nations woman, have substantial concern and misgivings about the haste with which we are dealing with this legislation. I do not know if there are those in this chamber who can honestly say that the Senate has done due diligence on Bill C-28. I, for one, cannot make that assertion.

It is a very unusual and dangerous practice that we are engaging in, both here and in the other place. I understand that a House of Commons committee has been tasked with studying the subject matter of this bill in the fall. I also note Minister Lametti’s support for the Senate to undertake a similar committee study following a question by Senator Carignan during Committee of the Whole. However, I find it highly concerning that Parliament has agreed to do this process backwards. Studying the contents of a bill and thereby understanding the perspectives of the experts in this field only after that bill has become law is ill-advised.

One can argue that it treads dangerously close to impacting our collective privilege in fulfilling our senatorial duties. How can we vote competently on legislation if we have not been given the chance to adequately study and consider its merits and shortcomings?

This is especially true for me, colleagues, as a non-affiliated senator. Senator Plett, in his remarks on Motion 53, referenced it as not being time allocation as it had unanimity in its support. At no point was I consulted, informed or approached about the process around this bill or any other such legislative matters.

I can only assume the same was true for my non-affiliated colleagues. This long-standing subjugation of the unaffiliated has removed my voice and opinion from larger decisions of the Senate, including Bill C-28. I take exception to that.

Colleagues, I would like to state that I support the concept of this bill; I do not support the practice. Self-induced extreme intoxication should never be accepted as a viable defence for heinous and criminal acts. It is a loophole that needs to be closed. The closing of this loophole is intended, of course, to ensure guilty parties do not elude punishment on what constitutes a technicality. It is also, of equal importance, intended as a protection for the victims, who are largely women, from the criminal acts that tend to flow from self-induced extreme intoxication.

Honourable senators, given the extremely short time frame between the Supreme Court of Canada’s ruling on this matter and the introduction of this legislation in the House being a little over a month, it should come as no surprise that the issue of inadequate consultation has been a big one. I note that the issue of inadequate consultation is also not a new one.

As it pertains to Bill C-28, this issue has been raised by one of the groups that had actually been consulted, the National Association of Women in the Law, or NAWL. They contest that they, as well as many other interested stakeholders, have faced a lack of meaningful consultation. They also rightly state that the Senate, through the Standing Senate Committee on Legal and Constitutional Affairs, would greatly benefit from hearing from medical experts, women’s groups and Crown prosecutors whose job it is to prosecute on behalf of victims.

When questioned on this shortcoming by Senator White during Committee of the Whole, Minister Lametti responded by saying:

We did the consultations we could do in the time that we had from the date of the Supreme Court decision. We reached out.

You must admit, honourable senators, that this is a less‑than‑confidence‑inspiring response.

Honourable senators, beyond the issue of consultation, it has been raised that there are serious concerns that Bill C-28 represents a flawed piece of legislation. This concern, at its core, is that Bill C-28 will not accomplish what it seeks to. This is due to the fact that the burden of proof, which regrettably falls on the Crown and the victim, is a threshold that is nearly impossible to meet.

The National Association of Women in the Law registered a very valid concern around the stringent requirements for prosecutors to prove beyond a reasonable doubt both that the loss of control after the consumption of intoxicants was reasonably foreseeable, as well as the foreseeability of harm. In their words, through their June 21 press release, NAWL indicates:

Indeed, NAWL is concerned that this reform will prove impossible for the prosecution to implement. And that in the end, the heavy burden of men’s extremely intoxicated violence will fall predominantly on the women they harm. This is because the Crown must prove beyond a reasonable doubt that a reasonable person could have foreseen that the accused’s consumption of a given intoxicant could cause loss of voluntary control, even though reasonable people may not actually know the effects of the intoxicants they are consuming, particularly with respect to quantities and combinations of intoxicants. Further, the Crown must now also prove that the reasonable person could have foreseen that the consumption of the intoxicants could lead them to become violent and harm others, even though there appears to be little scientific evidence to support the claim that any particular drug makes violence more likely.

As some of you will know, this concern has also been echoed to senators’ offices by the Alberta Council of Women’s Shelters, known as ACWS, an organization that supports over 50 shelters across the province of Alberta for women, children and seniors facing domestic abuse. In their words, they are working “. . . to end domestic violence through culture-shifting violence prevention programs, collective data and research, and front-line training.”

Colleagues, our Senate committee would have done well to learn from groups like NAWL and ACWS and Indigenous organizations, due to their expertise and boots-on-the-ground work.

If such organizations register concern with the process and content of this legislation, we would be wise to heed their words.

As Minister Lametti stated before the Senate:

You may have been aware of the reaction to the Supreme Court decision. It was pretty much universal across Canada. . . .“You need to act quickly.”

Honourable senators, it is a fine line that exists between acting quickly and acting negligently. I am worried that we find ourselves on the wrong side of that line when it comes to Bill C-28. We have heard senators during Committee of the Whole make remarks to the minister by saying such things as, “The law would be entirely ineffective due to the burden placed on prosecutors,” and:

. . . what I worry about here is that the proposal . . . will miss the mark and almost nobody will be able to be convicted under this provision.

Honourable senators, I believe this bill is yet another form of violence against women, and particularly Indigenous women. And do I trust the government? Do Indigenous women trust the government? I would say no. Why would we place our trust in such an institution?

Let us ensure we do the right thing for Canadians and not the convenient thing for parliamentarians as we prepare to vote on Bill C-28. Thank you. Kinanâskomitin.

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  • Jun/23/22 2:00:00 p.m.

Senator Gold: Senators Gagné and LaBoucane-Benson are the best Government Representative Office, or GRO, colleagues I could hope for — talented parliamentarians, sounding boards, arbiters of debate, patient voices of reason and wisdom and just good friends to me. Thank you for your professionalism, common good sense and friendship. Of course, we all three admit and know that our jobs are made much easier — in fact, made possible — by the incredible team that we have working with us in the GRO. Teams of professionals who advise us, write for us, do research for us, and if they’re listening — and I hope they’re doing more fun things than listening to me talk at this hour — thank you so much.

To my leadership colleagues, Senator Plett, Senator Saint-Germain, Senator Tannas and Senator Cordy, we may not always agree. Tonight, though, was pretty good. Sometimes we disagree quite passionately, or vehemently on occasion, but I want to thank all of you for all the hours that you have put in and that have we spent together, hammering out how to best do the work for which we were summoned. Sometimes it feels as though we spend more time talking to each other than to any other person in our lives — at least that’s what my wife complains about — but it’s really worth it in the end to accomplish what we’ve accomplished and what we’re expected to accomplish on behalf of Canadians.

And speaking of my wife, to my dear wife, Nancy, thank you for putting up with me, supporting me and being without me, as I am without you, in these long sittings, so I couldn’t do it without you. Thank you, my darling.

In order for us to all come back in good form next September, let me conclude by wishing you all a peaceful summer. Spend it with those who matter most to you. Thank you for everything.

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  • Jun/23/22 2:00:00 p.m.

Hon. Kim Pate: Honourable senators, I commend the Minister of Justice on his laudable intentions with this bill. I have no doubt that protecting victims of violent crime and sexual assault is an objective that we all share. Given the importance of this objective, it is vital that we not take any shortcuts, but rather give the bill the full consideration and analysis that it is due, particularly in light of the evolving information regarding the serious flaws in the government’s consultation process, and the significant and substantial concerns raised by numerous groups. It is greatly and deeply concerning — and, frankly, irresponsible — for the Senate to vote on this matter without first having heard from the relevant parties and becoming more fully informed on the implications of passing this bill.

In an understandable attempt to act expeditiously, the minister is rushing Bill C-28 through the legislative process with a somewhat staggering disregard for standard procedure and due process. This push has given way to what can only be considered a disconcerting lack of government transparency. The government claims it must act with urgency, but also acknowledges that cases involving intoxication amounting to automatism are incredibly rare.

Why is this, colleagues? A few home truths. Most accused who are charged with violent offences are poor, racialized and represented by legal aid lawyers. They can’t afford the incredible defence teams, the medical reports and the legal gymnastics that are required to make the types of arguments that were brought before the Supreme Court of Canada in this matter. That’s why the cases are rare, my friends.

They are also rare because they, staggeringly, strain the credulity of the claims. Yet, we have due process requirements, and those due process requirements require — as Senator Simons so aptly put it — that even those individuals with the greatest privilege have those opportunities to raise those cases.

Is this bill in the interests of public safety — I encourage us all to consider this — or, as many of us feel, a result of politically motivated social pressure? Let us be clear, honourable colleagues, the government knew the need for this legislation was coming. They knew whom to consult, they knew where they were and they could have conducted full consultations in preparation for whatever decision came down from the Supreme Court of Canada.

The supposed consultations which took place in the crafting of this bill may serve to highlight my point. The content of these consultations with women’s organizations, victims’ advocacy groups and criminal law experts have yet to be made available to our offices. Despite repeated requests, aside from one press release, we have received no details about the submissions, opinions or advice put forward by these groups or others.

The fact that we only keep hearing about repeated reference to one press statement from one group is indeed, honourable colleagues, instructive. The hurried nature of this process raises further questions about its efficacy. According to some of the witnesses listed by the minister, consultation was not only wholly inadequate, the participants didn’t even know the phone call they engaged in was considered a consultation. Significant procedural and due process concerns were actually raised by many of those groups, and apparently ignored or disregarded.

As correspondence and pleas over the past few days underscore, concerns raised by witnesses were evidently not meaningfully considered in the drafting of this bill. How are we meant to serve our purpose of providing sober second thought when we lack the information required to make a knowledgeable and carefully considered decision? The purpose of committee study is significant and multifold. Beyond the political, it allows us to learn about the impacts and implications of proposed legislation from experts who can highlight that which may not be intuitive to us individually and, more importantly, how it may affect the most vulnerable and marginalized people. In this case, sexual assault victims, almost always women.

We learn from these processes and, more importantly, we then alter our legislation accordingly. We don’t do it the opposite way. Bill C-28 is not yet law, and already we are aware of overlooked issues. As many of my colleagues have pointed out, one of the most noted concerns is the increased legal burden on the Crown to prove criminal negligence. The minister has acknowledged this question and highlights for us that, under the proposed law, the accused will need to first raise the issue of extreme intoxication. Still, the onus of disproving this highly subjective, specialized, scientific defence will rest with the Crown.

Our ability to further research the matter has been stifled. We are left to wonder how severe the impact of this problem will actually be. In fact, at this stage, we’re advised by many groups — apparently consulted by the Department of Justice — that don’t know whether proving objective foreseeability beyond a reasonable doubt will prove to be a prohibitive hurdle for prosecutors.

I want to take a moment to briefly highlight that these concerns are not mine alone. Informed stakeholders and experts have been vocal in expressing fear that it’s unclear at which point one becomes negligent for simply taking a drug, one that does not put the rest of their friends or family into a state of automatism. Can we truly prove that in consumption of an intoxicant, there may be an objectively foreseeable risk that the user will lose control and become violent? That, dear friends, is one of the suggestions in this legislation.

The onus to make these points will be on the Crown, despite the amendments recommended by groups like the National Association of Women and the Law and shelters. We have not considered those options. Allow us not to fail those groups, but instead to acknowledge the validity in these critiques. As responsible lawmakers, we have this responsibility.

Much has been made of the need for haste following the Supreme Court’s ruling, although we seem to overlook the fact that, even in the decision itself, the Court suggested we study — that we study — and then we legislate. For many of us, skipping these important steps amounts to an abdication of our responsibility, and for me, personally, it’s reminiscent of where we were three years ago on another important Charter issue: solitary confinement.

Instead of chasing this runaway train with a “woulda, coulda, shoulda” review after the fact, please, honourable colleagues, let us pause, double-check the track we’re on, correct it if necessary and continue responsibly.

Our primary role here in the Senate is to provide sober second thought, so before I yield my time, I ask you all: How can we provide sober second thought without the opportunity for thought itself? Meegwetch. Thank you.

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  • Jun/23/22 2:00:00 p.m.

Hon. Jane Cordy: Honourable senators, on behalf of the Progressive Senate Group, I would like to take a moment to offer heartfelt thanks to those who have allowed us to do our jobs despite the challenges of the past few years. The list is a long one. It takes a village to do these hybrid proceedings successfully.

Firstly, there is our tech support at information services and our interpreters who face the real possibility of injury every day doing their job. Interpreters — who would have thought? Our wonderful, talented pages are young people who always make me feel so positive about our future. There is also the Usher of the Black Rod, Greg Peters, our table officers, our clerks, all employees in the Chamber Operations and Procedure Office, Senate communications and broadcasting, protective services and corporate security, maintenance and building staff, all other employees of the Senate Administration as well as the staff in each and every senator’s office. We rely on all of you every single day. For 25 months, you have gone above and beyond the call of duty. Without you, we could not be here. My progressive colleagues and I wish you a restful summer of fun and relaxation. We are blessed to have your experience and wisdom.

I would also like to thank my fellow leaders and facilitators, Senators Gold, Plett and Tannas and, in particular, my newest colleague, Senator Saint-Germain, who helps put us one step closer to gender parity among leadership.

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  • Jun/23/22 2:00:00 p.m.

Senator Cordy: Together over the last few months, the five of us have had some disagreements and at times some very tense meetings — or as Senator Gold says, “passionate meetings” — but we have always come together in the end with a view as to what is best for serving Canadians no matter which part of the country we call home.

By the way, disagreements are a good thing because you are forced to look at perspectives that are different from your own and that you may not have considered. Thank you, Speaker Furey, for your wisdom and patience in guiding us through our deliberations. Of course, thank you to our Speaker pro tempore, Senator Ringuette, for the job that you do.

Finally, I would like to thank my caucus colleagues for the joy that our small but mighty group gives us. To our leadership team, Pierre Dalphond, Pat Bovey and Brian Francis, thank you for your support, guidance and friendship. To all members of the Progressives, it truly is a pleasure to work with you each and every day. We have frank and serious discussions where all views are shared and heard, and we do it all with a sense of common purpose, with respect for one another and often with a lot of laughter. We truly enjoy working together, and I have no doubt that is evident in everything that we do. I am honoured to be working with you, and I ask that you take time to relax and enjoy time with your families over the next few weeks. Love you, all.

To our Progressive staffers, you are amazing people. You give us support for all our work and even make us look pretty good. So love to all of you, also. I know you work hard. You play hard. Please take some time to relax this summer.

To all honourable senators and to all staff, I wish you a safe and restful summer. I hope you spend more time with your families and with your friends, and, please, take the time to recharge before September. As Senator Gold said, time passes far too quickly. Maybe it is our age, Senator Gold, since we’re pretty close in age.

I look forward to working with all of you and maybe some brand-new senators when we return in the fall. Have a wonderful summer. Best wishes and thank you to each and every one of you.

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  • Jun/23/22 2:00:00 p.m.

Hon. Michèle Audette: Honourable senators, a few months ago, my daughter turned 15. She now has 15 years of life experience. She’s a twin, so she has double that amount. Her name is Sheshka. Sheshka wrote to me while I was in the Yukon with other Indigenous women to mark the third anniversary of the report of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

At 11 p.m., Quebec time, she sent me the following text message: “Mom, is it true?” As you can imagine, as a mother or a parent, when your child reaches out to you at that time of night, you have to wonder what is going on. So I replied, “Why? What are you talking about?” She then asked me, “Is it true that when someone is intoxicated or whatever, they have the right to rape me or take advantage of me as a woman?” That was my 15‑year‑old daughter asking. You can imagine how upsetting that was for me, too. I wondered what was going on, so I went straight to Google to find out. I was with Ms. Nagano, whom you met today, who is a former member of the RCMP. Together, we figured out what was going on.

I’ve been trying to reassure my daughter every day since, because this concern has grown more and more with social media, the internet, their friends and situations where some of these young women may have experienced similar trauma.

I told my daughter, Sheshka, that a few of us women here in this beautiful chamber are going to write to the Government of Canada, to the other senators and to Canadian society, to let them know that we intend to look at every option available to us to respond effectively and in a substantive way to this Supreme Court ruling. I told her that we were going to commit — I was, anyway — to urging the federal government to look into the different legislative and political levers that are available. I made her that promise.

You will understand that her reaction today, when we had a chance to discuss it, was, “ In that case, mama, why is drinking and driving a crime, when a man can rape me and that is not a crime?” That was before we received the bill. I told her not to worry, that we would collectively find better ways to protect men and women, the young and old.

I understand that the Supreme Court rendered a decision, but I did not see if this decision came with a deadline, a period of time, unless I missed that paragraph. People are talking about the urgency of this matter this evening and I understand that. We have been told about urgency over and over since we were born — especially Indigenous women.

I am spoiled to be here surrounded by legal advisers. You mentioned it, dear colleagues, but we also have experts on procedure, who know how we should do things and how to uphold traditions. I really liked some of the comments about how we can innovate and how we can do things in the fall when Parliament resumes. Can you reassure me, my daughter Sheshka and all the women living in the Far North, who may not have access to the same services that are offered here in the more southern part of the country? There may also be addiction problems stemming from colonial violence and other factors that are all set out in the reports that have been written over the years. It is important to look at this from a social perspective, an Indigenous perspective, a human rights perspective and a restorative justice perspective to ensure that, when we conduct those studies, we can recognize that, in fact, it is rare, and that we should not rush, but also that it is important to do things right.

In that same time frame, we will hear about a gang rape, and there will be silence. Women still find themselves debating or demonstrating that the legal side is important, but we cannot forget the psychosocial side.

Like you, I wish we could do things differently tonight, but I am hopeful that Senator Gold, our government representative, can assure us that, come fall, we will experience what I have shared with you tonight and see it in action. Senator Plett, I would ask that you remind our Government Representative that Indigenous voices need to be part of any upcoming studies. Tshinashkumitnau.

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  • Jun/23/22 2:00:00 p.m.

Hon. Pierre-Hugues Boisvenu: Honourable senators, I had planned on making a speech at third reading, but I will not. Contrary to what I said at second reading, and having listened to my colleagues who support Indigenous communities, I will be voting against this bill.

[English]

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  • Jun/23/22 2:00:00 p.m.

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate), pursuant to notice of June 22, 2022, moved:

That, until the end of the current session, any return, report or other paper deposited with the Clerk of the Senate pursuant to rule 14-1(6), may be deposited electronically.

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  • Jun/23/22 2:00:00 p.m.

An Hon. Senator: On division.

(Motion agreed to and bill read third time and passed, on division.)

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Hon. Dennis Dawson moved second reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts.

(On motion of Senator Dawson, debate adjourned.)

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