Senator Busson: Senator Wells, you discussed the issue around having your iPhone searched in the past and they found some Visa records. I would like you to comment whether you felt absolutely violated when they found these Visa records in your iPhone. And how do you feel when they go through your entire luggage?

Senator Wells: Of course, senator. I would be glad to do so.

Senator Omidvar: Senator Wells, in truth I should have asked this question to the sponsor of the bill but I missed my time. I am forgetting exactly what happened, but perhaps you can help me to understand this.

With these new added authorities to search based upon reasonable general concern, what does the bill say about oversight of the CBSA officers, or do we simply have to wait for the independent oversight bill that is expected sometime?

Hon. Marilou McPhedran: Honourable senators, as a senator from Manitoba, I acknowledge that I am on Treaty 1 territory, the traditional lands of the Anishinaabe, Cree, Oji-Cree, Dakota and Dene, and the homeland of the Métis Nation.

[English]

I acknowledge that the Parliament of Canada is situated on unceded, unsurrendered Algonquin Anishinaabe territory and that we have people joining us from across Turtle Island who are located on both treaty and unceded lands of Canada’s Indigenous peoples.

Colleagues, I rise in support of Senator McCallum’s bill, Bill S-219, and I thank you for allowing me to speak to it at this point.

This is an inspiring step on the long, essential and sometimes uncertain path to reconciliation between nations within the borders of this country. Through this bill, we all have the opportunity to further respect, understanding and education of Indigenous culture and heritage, specifically the ribbon skirt which is a creation of Indigenous women cherished in Indigenous tradition and ceremony.

Today, I am honoured to wear my ribbon skirt, a gift from a wise woman in my life who also gave me the eagle feather that I carried into this chamber for the first time when I was sworn in — the indomitable Leslie Spillett, founding executive director of Ka Ni Kanichihk, which means “those who lead.”

Just a few days ago, we welcomed in this chamber the bereaved family of our beloved Senator Josée Forest-Niesing. Later that afternoon, we heard Josée’s sister talk about how she, Josée’s mother and friends completed the ribbon skirt that Josée began.

Senator Forest-Niesing had told us of being inspired by this bill, crafted, in the words of Senator McCallum, “turned an unfortunate incident into a platform for change through understanding and education.”

We here all know 10-year-old Indigenous student Isabella Kulak, who was so eager to wear her ribbon skirt, gifted by her auntie, to her school’s formal day and was instead shamed and told she should have worn a more formal outfit bought in a store like the other students.

The belittlement of Isabella’s ribbon skirt may seem innocuous or mild when compared to the violent systemic modes of racism and oppression often inflicted upon Indigenous peoples, but it illustrates insidious prejudice and discrimination that Indigenous peoples — so frequently women and girls — have experienced for generations. Senator McCallum helped us better understand how this impacted Isabella and alerted us all to the need for education, respectful listening and greater efforts to seek true reconciliation.

Please allow me to add a few observations of my own.

Agnes Woodward, from Kawacatoose First Nation in Saskatchewan, makes beautiful ribbon skirts made all the more poignant and powerful by how she describes her purpose:

The skirt is mostly about representation, and how Indigenous women choose to represent ourselves . . . . That’s why they’re so important today . . . because their voice has been taken away.

Ribbon skirts are traditionally worn for Indigenous ceremonies by women and girls, but they can also be iconic and symbolic, for example, to raise awareness about missing and murdered Indigenous women and girls.

Abigail Echo-Hawk, a Pawnee public health researcher, crafted a ribbon dress out of body bags to draw attention to the disproportional effect of COVID on Indigenous communities. She embroidered her personal mantra, “I am the tangible manifestation of my ancestors’ resiliency,” to highlight her connection to the past and future. Echo-Hawk says that she sews with loving energy:

Each ribbon is prayer. Each stitch is prayer and love and dedication to those people and when you make it, you can’t come from a place of anger, you can’t come from a place of bitterness.

Ms. Woodward made headlines in June 2021 at the swearing in of U.S. Secretary of the Interior Deb Haaland, the first Indigenous person to hold such a position. She wore a beautiful Woodward skirt adorned with cornstalks, stars and butterflies, and was featured in news coverage.

Honourable senators, such a situation could typically be an example of a woman’s skill being belittled by commentary on what she wore, but that’s not actually what happened. Attention was harnessed by this skirt, and the message became one of power and worth.

Ms. Woodward further stated:

The ribbon skirt today reminds me that I have a power and that I carry a responsibility, to teach the future generations that they belong here and that they have the right to take up space however they choose . . . It’s about taking back the shame that I carried as a young girl.

Senator McCallum spoke eloquently and with much wisdom on the concept of “holding spaces,” the creation of safe environments where individuals — youth, in particular — can grow, learn, question and grapple with significant issues in a nurturing and supportive manner.

National ribbon skirt day is one example of this type of “holding space” as the aim is to celebrate identity, autonomy, reclaimed dignity, representation and to challenge outdated ways of seeing, of confronting entrenched stereotyping and prejudices and of reconciling and returning value.

In a work published in the Girlhood Studies: An Interdisciplinary Journal, Kari Dawn Wuttunee of the Red Pheasant Cree Nation and the Native Women’s Association of Canada, Jennifer Altenberg, a Michif educator from Saskatchewan, and Sarah Flicker of York University studied the issue of ribbon skirts as a form of cultural resurgence. They found that the act of sewing ribbon skirts brought Indigenous women together intergenerationally — young and old — to reclaim teachings, resist gender-based and colonial violence and reimagine their collective futures. Learning about the historical and cultural significance of ribbon skirts gave girls a stronger connection to their culture, community and each other. Wearing their ribbon skirts became an embodied act of resistance, resilience and self-determination.

These findings speak directly to the concept of positive holding spaces that youth need and deserve. It is important that such space go beyond those who traditionally identify with the ribbon skirt. It can encompass any and all who seek to reclaim value in their identities and cultural pride using regalia, customs and other traditions.

The ribbon skirt is one, poignant symbol of past erasure, racism and colonial attitudes. It is an intersectional symbol of how race, gender and equality have been twisted by colonial means of discrimination, and it can be a catalyst for change.

Now, at Kamsack Comprehensive Institute, the school where Isabella Kulak was shamed for wearing her ribbon skirt to a formal day, a ribbon skirt day is now celebrated on January 4. This year, over 100 students and staff wore skirts, many of which were made at school in the brand new classes on skirt making, beading and drumming that were introduced to respond positively to Isabella’s call for reconciliation, awareness and healing.

Honourable senators, many of us close our speeches with “thank you” in several languages, including meegwetch, but often Senator McCallum says — and today Senator Pate said — chi‑meegwetch. One day, Senator McCallum explained to me that this means “thank you,” but the added meaning is along these lines: Thank you with the intention to carry this forward in a good way.

Senator McCallum has asked us to stand with her and support not only this bill, but to stand with young Isabella and what she stands for — agency, identity, inherent dignity, positive self-affirmation of cultural identity and reconciliation.

On behalf of Isabella, and with visions of positive futures carried by these beautiful ribbon skirts, may I now ask for your support in calling the question on this bill? Chi-meegwetch.

Senator Martin: Yes, I agree that there are these challenging factors, and that is why I support it going to committee. I hope that throughout this process what we can also shed light on is the importance of these institutions, as you so clearly demonstrated to us. I do agree with you on that.

(On motion of Senator Smith, debate adjourned.)

(At 6 p.m., pursuant to the order adopted by the Senate on May 5, 2022, the Senate adjourned until 2 p.m., tomorrow.)

Hon. Senators: Hear, hear.

The Hon. the Speaker pro tempore: Are senators ready for the question?

Hon. Senators: Agreed.

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

[Translation]

On the Order:

Resuming debate on the motion of the Honourable Senator Housakos, seconded by the Honourable Senator Ataullahjan, for the second reading of Bill S-204, An Act to amend the Customs Tariff (goods from Xinjiang).

Hon. Peter Harder: Honourable senators, it gives me great pleasure to welcome representatives from Queen’s University to our chamber today.

Queen’s is a leading university, with more than 27,000 students from across Canada and 126 countries around the world. I am pleased to count myself, along with Senators Moodie, Lankin and Black, among its global network of over 150,000 alumni.

As one of Canada’s leading research institutions, Queen’s produces highly skilled graduates across a range of professions and disciplines and is a leader in groundbreaking research. That includes research like Professor Cathleen Crudden’s work, supported by a $24-million grant from the New Frontiers in Research Fund, to develop new coatings that could stop our bridges from rusting or be used to revolutionize medical instruments for fighting cancer.

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As colleagues will know, the Senate Prosperity Action Group recently published its report on sustainable and inclusive prosperity. I can tell you that Queen’s University exemplifies how Canada’s university institutions are Rising to the Challenge of New Global Realities. In fact, just two weeks ago, the Times Higher Education Impact Rankings placed Queen’s seventh in the world out of 1,500 institutions for advancing the UN’s Sustainable Development Goals, the second year in a row that Queen’s has been recognized in the top 10 in the world.

I encourage all members of this chamber to join us later this evening for Queen’s official reception, starting at 5:30 p.m. at the Metropolitan Brasserie. Once again, we welcome Queen’s University and offer our best wishes for a successful day on the Hill.

Hon. Amina Gerba: My question is for the Government Representative in the Senate.

Senator Gold, Africa is a large market that is being connected under a continental free trade area, worth a combined $3 trillion in GDP. It will be the largest free trade area in the world. Africa represents 1.2 billion consumers. It is estimated that, in 2050, one in four people will live on the African continent, which will be the youngest continent in the world. Africa consists of 54 countries that have an important voice in international strategic entities and alliances.

Canada’s failure to obtain a seat on the UN Security Council is without a doubt linked to the lack of support from African countries. Today, Russia has managed to circumvent part of the international sanctions imposed on it because the majority of African countries abstained from condemning the invasion of Ukraine, and some of them even refused to apply the sanctions.

Senator Gold, is the Government of Canada aware of Africa’s strategic importance?

Hon. Scott Tannas: Honourable senators, my question is for Senator Gold. Just a few minutes ago, the Court of Appeal of Alberta struck down Bill C-69, the Impact Assessment Act. The justices said it was “. . . a breathtaking pre-emption of provincial legislative authority.”

Senator Gold, in your role as either government leader or a constitutional expert, I wonder if you could tell us what you think happens next.

Senator Wells: That’s an excellent question. In the old days, if you wanted to import child pornography, which we all agree is heinous, you had it in a folder or binder or album or a magazine, something like that. But now you’re right, the vast — and I can’t say vast enough — majority is stored not on the pages of a book; it’s stored online, in the cloud, in attachments to things only accessible through the internet.

There is a way to stop people coming across our border with images that we’re talking about stored on their digital devices. That is to search everyone and give CBSA the right to have full access to all of the devices. We know that’s not reasonable. That’s like saying we know we can stop car accidents on the highway by having a five-kilometre-an-hour speed limit. It’s not practical. The liberties that we have, that right to privacy, which is fundamental to our society and is fundamental in Canada, is a strong one.

The need to stop this material coming across the border is also strong, but you are right. It is a finger in the dike because you can put your finger in the dike and the water still flows over the top of it. That is what is happening. I’m really just thinking about Canadians coming in, not others. Obviously, that is not as strong a concern as I have for the rights of Canadians to privacy. I think striking at that balance is important but not the lowest bar possible that has been called “reasonable general concern.”

You make an excellent point. We are looking at the nickels and dimes when there are dollars flowing in.

Senator Wells: Yes, I know a lot of that is tracked and stored. I know all of what we do geographically is tracked and stored. Having it on airplane mode or non-connectivity, if that is the policy, is a reasonable policy. Of course, you have to declare where you are coming from. It may seem obvious from your boarding pass, but I am aware other information can be gathered from your personal devices without connectivity.

Hon. Ratna Omidvar: Would Honourable Senator Wells take another question?

Senator Wells: That is a good question. It is a paragraph that I had in the speech but I took it out because I wanted to concentrate on the substance of the bill. The question of oversight of CBSA, which is lacking, wasn’t part of the bill.

Perhaps that question could be asked at committee when witnesses come from CBSA or perhaps Senator Boniface might know more about it at third reading. That is a good question and it is important.

Senator Wells: Senator Richards, I wish I knew. I know in Senator Boniface’s second reading speech last Thursday she noted that these officers are professionals. They have experience. They know how to pick up cues.

I have no experience. I do not know how to pick up these cues. You might have someone who has not shaved in three days, has not had a shower in four days, does not dress well and they could be fine, upstanding citizens having a bad week; or you could have members of the clergy coming through with their collars on; or you could have fine, upstanding, apparently well-shaven and well-bathed people who come in who could have the worst kind of stuff on their devices. I do not know. There are professionals who do know. I am not one of them.

(On motion of Senator Dalphond, debate adjourned.)

[Translation]

Hon. Salma Ataullahjan: Honourable senators, my question is for the Government Leader in the Senate. Senator Gold, last week we learned that a Saskatoon resident has been trying for 19 years to bring his parents, who fled from Afghanistan to Pakistan when the Taliban took over in the late 1990s, to Canada.

There was some progress last July: They rented a house for a year, furnished it and they have been paying for an empty house since. His parents, who now live in a refugee colony, have repeatedly sold everything every time there was a movement on their file. Senator Gold, this is not an isolated case. The family has been trying to reunite for over 19 years, well before COVID-19, and has been repeatedly let down by Immigration, Refugees and Citizenship. What is being done to ensure that applications do not fall through the cracks?

Senator Ataullahjan: Senator Gold, there were over 110,000 refugee applications yet to be processed by April 26, and many applicants live in horrible conditions, often in a refugee colony, while they await a decision from the IRCC. These delays are putting LGBT refugees’ lives at risk on a daily basis and greatly affecting their mental health. To make matters worse, they are often persecuted by other refugees and the police. Senator Gold, these vulnerable refugees live in constant fear for their lives. Why is your government not doing more to help them? How much longer do they have to wait?

Senator Gold: The government is doing everything that it can to help them, and regrettably it is taking far longer than any of us and anyone in the government would want. I can assure this chamber that the government continues to be focused on this and doing the best that it can.