Hon. Leo Housakos (Acting Deputy Leader of the Opposition), pursuant to notice of November 24, 2021, moved:

That the Standing Senate Standing Committee on Foreign Affairs and International Trade be authorized to examine and report on the situation in Lebanon and determine whether Canada should appoint a special envoy, when and if the committee is formed; and

That the committee submit its final report no later than February 28, 2022.

(On motion of Senator Housakos, debate adjourned.)

(At 5 p.m., the Senate was continued until Tuesday, May 10, 2022, at 2 p.m.)

Some Hon. Senators: Hear, hear.

(On motion of Senator Housakos, debate adjourned.)

On the Order:

Resuming debate on the motion of the Honourable Senator Galvez, seconded by the Honourable Senator Gignac, for the second reading of Bill S-243, An Act to enact the Climate-Aligned Finance Act and to make related amendments to other Acts.

Hon. Peter Harder: Honourable senators, it wasn’t that long ago when taking a drive down Highway 7 west of here, just past Perth, would lead you to a little rest stop where you could feed Coca-Cola and ice cream to a pair of black bears confined in a roadside cage. The stop was one of many such enclosures during the 1970s meant to lure you off the road to grab a bite, either on the way to Ottawa for a vacation or heading home in the opposite direction. Snapshots of smiling young kids standing in front of the cages or feeding the bears dot the history blogs and the local museums in the villages where those pens once stood.

Societal mores and values change. In a lot of cases, visitors didn’t know or appreciate the neglect or deprivation those poor animals suffered.

But today, we do know. That is why this important bill, Bill S-241, is before us. It is a very wide-ranging bill, which, among other protections, limits captivity and provides additional protections to many species. It needs to be supported in this chamber.

Thankfully, the vast majority of those roadside attractions I just mentioned no longer exist, but several other types of animal confinement do, including roadside zoos, which house big cats, wolves and dangerous reptiles like crocodiles and pythons.

They also have bears. Bears have a special place in my heart, as anyone who has seen some of the artwork in my office will know. They also occupy a special place in the identity of our nation and within the cultures of many Indigenous peoples. The polar bear, for example, is respected by Inuit hunters as the most intelligent animal in Canada’s Arctic and as a symbol of the resilience, patience and determination needed to survive in that harsh climate. That is according to Inuvialuit and Nanuq: A Polar Bear Traditional Knowledge Study, authored in 2015.

The West Coast spirit bear, or Kermode bear, became an important point of debate in this chamber just three years ago during the discussion of Bill C-48, which banned tanker traffic from the northwest coast of B.C. Depending on estimates, there are only between 400 and 1,200 of those light-coloured bears left, all living in that part of our country. They are deeply important to the Indigenous nations living there. Like polar bears, spirit bears are especially adapted to their habitat. Their white fur makes them particularly suited to hunting salmon, because their white fur prevents them from standing out against the sky.

Then, of course, there are grizzly bears, who protect their cubs with an intensity that stands out among other species. The grizzly bear’s Latin name is Ursus arctos horribilis, which means “terrifying bear” — an appropriate moniker for an animal that is more likely to attack than flee when feeling threatened.

Of the many species this bill covers, bears need particularly large habitats to thrive. Captive polar bears, along with orcas and other cetaceans, suffer from more sickness and psychologically related illnesses than other animals kept in captivity, according to literature prepared by the Britain-based Bear Conservation. Bears are highly intelligent animals that can suffer mentally and physically while in captivity.

This bill solves a real and pressing problem surrounding their welfare.

In Ontario in past years, there have been media reports of attacks from other bears on cubs born in captivity. One Ontario zoo recently kept a black bear in a 25-foot by 25-foot enclosure for over 25 years. A representative of Zoocheck commented that it was probably the worst bear enclosure in North America. Before its death prior to the onset of the pandemic, that particular bear exhibited abnormal stereotypic behaviour like pacing and lying unnaturally still.

Bears have also been used on television and in film in Canada in recent years, and this bill would require a provincial licence for that activity.

In total, there are more than 25 zoos in our nation that continue to keep bears. Bill S-241 aims to protect them and others by limiting new captivity to justified situations with licensing requirements that protect their well-being.

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The bill also prohibits the use of bears in performance for entertainment and grants them limited legal standing, allowing for court orders in their best interests, such as relocation with costs, if illegal breeding or performance were to occur.

As with Canada’s 2019 whales and dolphins law, the penalty for these summary offences would be a fine of up to $200,000.

Specifically, this bill attempts to protect these species by prohibiting the acquisition of new bears, including through capture or breeding, as well as through transfer, including imports and exports, unless licensed in one of three ways.

First, similar to the Ending the Captivity of Whales and Dolphins Act, an organization could apply for a licence allowing captivity of its bears if it is in the bears’ best interests, regarding individual welfare and conservation.

For example, qualified persons could take in orphaned cubs or problem bears that have come in contact with people and pose a safety risk. Licences could also provide better homes for captive bears currently living in inadequate conditions.

Bear sanctuaries can still thrive under this bill. Opportunities exist to save bears and to provide further public education, and for some existing locations holding bears to evolve. The bill also provides that it is not an offence for anyone to help an animal in distress, to ensure no interference with rescues.

Second, an organization could become licensed to acquire bears for non-harmful scientific research. This would justify new forms of captivity that allow us to learn vital scientific information about bears. In this way, the law would not prohibit the collection of hypothetical data in captive conditions that could help wild polar bears survive, such as with the disappearance of sea ice. In all such licensing decisions, the Minister of Environment and Climate Change and, in some contexts, the province, should consider the individual welfare and prospective importance and credibility of any research.

Third, an organization can acquire new bears if they are designated as a Jane Goodall act “animal care organization.” Such organizations must serve purposes aligned with animal welfare, conservation, science and public education objectives. This designation can allow credible organizations, such as Canada’s leading zoos, aquariums and sanctuaries, to conduct their operations without an undue administrative burden. This bill proposes seven zoos and aquariums as initial organizations.

Such organizations must continue to meet five transparent and accessible criteria to protect animals, including the highest standards of care, whistle-blower protection, responsible acquisition of animals and no circus-style shows or use of animals for performance in TV or film.

Of great importance, such organizations must also meet any conditions established by the minister on the basis of the best scientific and expert information after, of course, consultations. Such conditions could be specific to the species or a particular facility and could restrict breeding.

Senators, we need the Jane Goodall act to protect bears in the same way we need it to protect other animals on the list, including big cats, the subject of such controversy in the very recent past. It’s estimated that close to 40 zoos in our country keep big cats, while estimates for private ownership range between an astonishing 3,600 to 7,000 animals.

Bill S-241 is wide-ranging and groundbreaking in many other ways, and it would be a disservice to the bill to try to discuss its many facets in the short time allotted to me. Perhaps, though, it’s worth touching on a significant portion of the bill which grants limited legal standing to animals in criminal sentencing for captive offences, notably illegal breeding or use in performance.

While this standing is restricted because it applies only within limited proceedings — criminal as opposed to civil, which is in the provincial domain — it is still a significant precedent given that virtually no jurisdictions grant animals any standing whatsoever.

The practical effect of the bill could, for example, see the forced relocation — with costs — of all of a roadside zoo’s big cats if it were found that any of the zoo cats were to have been illegally bred. Similarly, if a proprietor were to stage an illegal whale show, the same could apply for the relocation of whales.

This new version of the Jane Goodall act also encourages the Government of Ontario to grant civil standing to Kiska, the lone orca at Marineland, and basically advocates for recognition of her rights as an individual.

I have been a strong advocate for a Senate whose role is generally circumscribed by sober second thought, amendment and representation of regional and minority views. There are times, however, when I believe it can lead, and this is one of those occasions, in part because this bill is also included in the ministerial mandate letter.

Moreover, Dr. Jane Goodall, former Senator Sinclair and now my colleague Senator Klyne have highlighted the urgent plight of our wildlife and how it squares with our goals for reconciliation. The bill is also widely supported by organizations and individuals from across the country, including the Coastal First Nations of British Columbia, where the spirit bear’s habitat is located. This is consistent with the history of these nations in protecting the great bears of the rainforest, the cetaceans of the sea and all other creatures in the temperate bioregion. They are also leaders, working with Canada and British Columbia, in advancing the largest network of marine protection areas in Canada’s Pacific Coast.

Let me close by saying there is also a spiritual element of respect inherent in this bill for the kindred spirit of all living things. Mahatma Gandhi once said the greatness of a nation and its moral progress can be judged by the way its animals are treated. I think there is some truth in this. Protecting and respecting animals elevates our humanity. Neglecting them degrades it.

Discussing his own esteem for animals, the great humourist Will Rogers summed it up better than I could ever do. He said, “If there are no dogs in Heaven, then when I die I want to go where they went.” Thank you.

Hon. Senators: Hear, hear!

Hon. Pat Duncan: Honourable senators, I rise today to honour our colleague, Senator Mercer. Senator Mercer’s distinguished career in the Senate, and his contribution to the Senate and to Canada have been noted. I would like to speak from a very personal perspective.

The Honourable Senator Terry Mercer welcomed Senators Anderson, Kutcher, Moodie and myself to this place on February 19, 2019. He acknowledged that we had been appointed to the Senate in a new way and noted it to be a more transparent method, to be sure. Senator Mercer, at the time the Acting Leader of the Senate Liberals, said that, as senators, we alone would decide whom we would sit with — and he did welcome me to the former Liberal group — and how we would do our jobs.

Among my first experiences in doing my job at committee, I replaced another senator on the Charitable Sector Committee. That meeting happened to include testimony from several witnesses, including the former governor general, David Johnston.

Yukoners who ask me about my work at the Senate always ask, “How is the travel? How often do you get home?” And I always reply that I love the work. The travel, not so much. My response about how much I love the work is because of the experiences like attendance at the Charitable Sector Committee; the Banking, Trade and Commerce Committee; and others, and with working with all of you. The witnesses, the information and ultimately the committee reports are so valuable and so important. They are essential to our growth, our future and to the Canada we aspire to be. When we as senators are able to act, following the leadership of Senators Mercer and Omidvar upon the recommendations in the Charitable Sector report and in other reports, I believe Canadians are truly able to appreciate the work on behalf of Canadians accomplished by Senator Mercer and the Senate of Canada.

Senator Mercer also said in his welcoming remarks that the Senate is always in a constant state of change and that, going forward, we are all going to be finding our way around together. It is that “together” that I would like to conclude my remarks with. Senator Mercer, you welcomed me to the Senate family warmly and have never hesitated to share your knowledge about making a life here in the capital city, how best to work with administration and, most recently, in response to my endless lobbying about the lovely Honeycrisp apples from Nova Scotia, to share your secret to the apple pie recipe.

Senator Mercer, personally and professionally, you have given the Senate and Canadians much, representing your beloved Nova Scotia with distinction and honour. On behalf of all my ISG colleagues, may I offer our heartfelt thanks to the staff who have supported you over the years, to your loved ones who have loaned you to us and to you. Please accept all of our very best wishes for a very happy birthday tomorrow and all the best in your retirement. Thank you. Mähsi’cho. Gùnáłchîsh.

Hon. Patricia Bovey: Honourable senators, I have the honour to table, in both official languages, the report of the Canada-Europe Parliamentary Association concerning the Organization for Security and Co-operation in Europe Parliamentary Assembly’s Autumn Meeting, held in Bishkek, Kyrgyzstan, from October 3 to 6, 2018.

Hon. Patricia Bovey: Honourable senators, I have the honour to table, in both official languages, the report of the Canada-Europe Parliamentary Association concerning the Organization for Security and Co-operation in Europe Parliamentary Assembly’s Twenty-First Winter Meeting, held by videoconference, from February 24 to 25, 2022.

Hon. Patricia Bovey: Honourable senators, I have the honour to table, in both official languages, the report of the Canada-Europe Parliamentary Association concerning the Organization for Security and Co-operation in Europe Parliamentary Assembly’s Nineteenth Autumn Meeting, held by videoconference, from November 3 to 4, 2021.

Senator Mercer: Get to know your colleagues on both sides. You will all be better off.

In this chamber we can debate and argue, disagree and agree. But out there, outside, remember that we are all people who can celebrate friendships, regardless of where we are on the political spectrum. The grand experiment of the Prime Minister is still just that: an experiment.

What will happen in the future? It’s up to us — really to you now — how to navigate it and what changes to keep. What the Senate will look like in the future is up to you. Please do not forget the past, and please do not think that the past was so horrible, because you may end up going back to it.

My prediction has always been that eventually this place will evolve back to where it was. There will be a group sitting over there as the opposition and there will be a group sitting over here as the government, and I would suggest there will be several other groups like we have now. But I think that’s how the place will evolve. You’ll all figure that out on your own. I won’t be here to guide you, although I would be happy to give you advice.

Honourable senators, I would like to thank all of my family and friends, too many to mention, who have been extremely supportive through the good times and the bad.

My cousin John is in the gallery with his wife, Neena. Without them, Ellen and I would not have been able to transition to Ottawa when we first moved here, and we thank them for that. It made our lives so much easier.

To my wife Ellen, whom I recently celebrated our fiftieth wedding anniversary with, words are not enough. I wouldn’t be here today without you. You are my rock.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question and for underlining an important issue, both for Indigenous communities and for other communities that are reliant on the fishery. The Government of Canada is apprised of this and hopes that a solution can be found to the mutual benefit of all.

Senator Simons: When will that be?

Hon. Vernon White: Honourable senators, I would like to ask a question of the Joint Chair of the Special Joint Committee on the Declaration of Emergency.

Senator Boniface, could you briefly walk the chamber through what stage the committee finds itself at this time, and what path the committee will take in comparison to the recently announced inquiry?

Senator Gold: Thank you again for your question. I certainly will communicate to the government not simply your question but the importance of your question, and the passion with which you address it.

The government is committed to the relationship with Indigenous people on a nation-to-nation basis. It has taken important steps, but they are only initial steps. There is a long history to deal with and unravel. Senator Francis, rest assured that I will communicate this to the government with the deepest conviction that I can.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. At the risk of sounding trite — and it is a serious question — I cannot predict the future. I have confidence, however, that the reviews that were done in the past and those that will be done in the future will be conducted diligently and with the best interests of Canadians at heart. If those reviews show that money or programs have outlived their usefulness or otherwise missed their mark, then I fully expect that those recommendations will be brought forward.

On the other hand, if those reviews show — perhaps surprisingly to some — that, in fact, there are areas where support needs to be increased such that departments — whether it is Canada Border Services Agency, Health Canada or whoever — need more resources to properly serve Canadians and deliver on what Canadians have a right to expect from their governments, then I fully expect governments will have the courage, decency and commitment to do so.

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of Naomi Woo, the daughter of the Honourable Senator Woo.

On behalf of all honourable senators, I welcome you to the Senate of Canada.

An Hon. Senator: On division.

(Motion as amended agreed to, on division.)

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate): Honourable senators, with leave of the Senate and notwithstanding rule 5-5(j), I move:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, May 10, 2022, at 2 p.m.

Senator Gold: Thank you for the question. The government’s budget is both a plan and a projection as to how it wants to provide for its operations going forward. It is responsible for governments to identify areas where savings are reasonably expected, and it is almost inevitable that life gets in the way sometimes — as the pandemic most certainly did in the period immediately preceding the questions in February 2020 to which you referred.

Hon. Donald Neil Plett (Leader of the Opposition): Leader, last week I raised with you concerns surrounding your government’s plans to put restrictions on fertilizer use on farms. Today I come to you with a related concern.

Canadian farmers who ordered fertilizer from Russia and Belarus months before sanctions were imposed on March 2 have been hit with a 35% import tariff. I want to be clear, leader: The war in Ukraine is illegal and I support tough sanctions against Russia and its officials. What I don’t support is making Canadian farmers suffer unfairly. Vladimir Putin is not harmed in any way by imposing this 35% tariff on our farmers, as the fertilizer had already been purchased last fall, long before Russia invaded Ukraine.

Leader, will your government exempt Canadian farmers from this 35% import tariff on fertilizer, yes or no?