The Hon. the Speaker pro tempore: Is it your pleasure, honourable senators, to adopt the motion?

Hon. Senators: Hear, hear.

[Translation]

Hon. Senators: Question.

The Hon. the Speaker pro tempore: Senator Moncion, do you have a question?

[English]

Some Hon. Senators: Hear, hear.

Hon. Yonah Martin (Deputy Leader of the Opposition): Honourable senators, I rise today to speak to Bill S-215, An Act respecting measures in relation to the financial stability of post-secondary institutions. I would first like to thank Senator Moncion, who introduced this bill. A vibrant, world-class post-secondary education system in Canada is vital to our country’s future, to our productivity, to our international competitiveness, to the health of our society and to the success and well-being of our young people.

[English]

While the intention of the bill — to ensure financial stability for the post-secondary sector — is certainly laudable, how we accomplish that is, potentially, another matter. The bill asks the minister, in consultation with the institutions themselves — municipal and provincial governments, and groups and associations representing faculty, staff and students — to develop a proposal for federal initiatives to reduce the risk that an institution becomes bankrupt or insolvent; protect students, faculty and staff in the event that an institution becomes bankrupt or insolvent; and support communities that would be impacted by an institution becoming bankrupt or insolvent.

You will not be surprised to learn, mainly because the bill’s sponsor mentioned it in detail in her speech, that the immediate impetus for this bill is the situation of Laurentian University in Sudbury, Ontario.

In February of last year, Laurentian filed for protection from creditors under the Companies’ Creditors Arrangement Act. It was the first ever publicly funded entity in Canada to do so. In the process, it fired 100 academics, cut 69 programs and, as one observer put it, “. . . shattered what it proudly billed as its tri‑cultural mandate by disproportionately cutting back francophone and indigenous offerings.”

As the Office of the Auditor General of Ontario pointed out in its report on Laurentian University:

Until Laurentian’s filing . . . the CCAA process had been used exclusively in the private sector. However, there are no restrictions in the act that limit its use by a government-funded and broader public sector institution.

Laurentian University, as the Auditor General of Ontario also flagged, is one of the primary post-secondary institutions serving northern Ontario, a tri-cultural — English, French and Indigenous — and bilingual post-secondary institution. Moreover, it is one of Sudbury’s largest employers, so, as Senator Moncion pointed out in her speech, its insolvency issues are devastating for the community. They are also devastating for its student body, 19% of which is composed of French students.

This is a tragedy for the community, and for all staff and students who are a part of the Laurentian community — that we can all agree on.

I believe Senator Moncion’s bill has flagged an important issue, but I also believe there is some room for debate around the source of the problem her bill seeks to address, and perhaps even the solution that her bill seems to propose.

In short, things are more complicated than simply a lack of or a decline in government support.

Let me begin with the problem first. In her speech, Senator Moncion placed the source of the problem squarely at the feet of the government. In Laurentian’s case, the Ontario government:

Despite the emergence of institutions by and for francophones such as the University of Sudbury, which has clear unified community support, governments have been slow to act.

For example, the Government of Ontario, she continued:

. . . took over one year to intervene in the case of Laurentian University and only intervened because it was compelled to. Laurentian University was losing its operational funding, which would have accelerated the actual bankruptcy. This waiting game lasted a year with the Government of Ontario.

Elsewhere in her speech she pointed out that, over the past 20 years, the portion of funding coming from provincial governments for the post-secondary sector has decreased, and federal funding has been stagnant since about 2008. In real dollars, funding of the official languages and education programs has been in steady decline.

I don’t doubt that, but also in decline are the number of francophones living outside Quebec. Statistics Canada projects that if present trends continue, the number of francophones living outside Quebec will decrease from 4% in 2011 to 3% in 2036. This decline will have an impact on funding as well, at least in some provinces. The reason for that is the provincial funding formula for post-secondary education differs from province to province. In Ontario, Saskatchewan and Quebec, core funding is related to enrolment levels.

As The State of Postsecondary Education in Canada 2021 report notes:

. . . the amount of funding an institution receives is mostly based on the number of students it has in different types of programs. . . .

In the other seven provinces, funding is largely historically-driven: that is to say that what a school receives in any given year for core funding is largely a function of what it received the previous year . . . .

(1750)

This does not negate the point Senator Moncion is making with her bill: the need for stable funding. But it does illustrate how complicated the situation is, especially when you understand that education is the exclusive purview of each province, as we all know.

So we are getting into jurisdictional issues as well. While there are similarities in the education systems across each province and territory, there are also many differences in legislation, policies and programs, not to mention geography, history, language, culture and the unique needs of the population in each province.

Again, this does not take anything away from Senator Moncion’s bill. It may, in fact, reinforce it. But it also hints at the fact that the way forward may not be straightforward.

I would suspect that, at the outset, a federal government initiative in this area might be viewed suspiciously by the provinces and territories who — once the feds start down this road — may well, at the very least, want to add their own particular issues to the agenda based upon those issues I just cited.

Finally, I want to say a word about the specific situation of Laurentian University. As I mentioned before, Senator Moncion was quick to point out the Ontario government’s tardy and half-hearted reaction to the university’s dire financial situation. This may be true. But the situation was also not so cut and dried, at least according to what I have read.

University World News, for instance, reported that Laurentian was plagued by mismanagement for years prior to seeking creditor protection. Also, as a former professor at the university commented, “The university had been so non-transparent with their finances for so long, that it was like crying wolf.” As a result of that mismanagement, the university had accumulated a debt of $322 million.

Furthermore, it did not do itself any favours in this debacle. For instance, in May of last year, according to the University World News article, Laurentian requested a loan of $100 million from the government which, in turn, requested an independent third-party review of Laurentian’s finances. The university refused. That obstinacy continues today.

The provincial Public Accounts Committee called upon the Office of the Auditor General of Ontario to look at the university’s finances, and its report is less than flattering. After noting that given the level of government funding the university received, there was an expectation of transparency and accountability. The report said:

Unfortunately, our office has been denied access by Laurentian to information we consider absolutely necessary for the conduct of our audit work . . . In many instances, it has also declined to provide non-privileged information on the basis that to review documents to determine if information is privileged would be too resource intensive . . . Such a pervasive restriction of our audit work is unprecedented.

The report further noted that the university had created a culture of fear among university staff around interactions with their office.

I do not think the situation of Laurentian University is the best test case of the need for a bill like this. However, as stated earlier, I do worry that some will get their backs up about the jurisdictional issues that a bill like this may raise.

[Translation]

Honourable senators, I don’t doubt the difficult financial situation in which our universities find themselves, especially in the last two years, because of the pandemic and the drop in international student enrolment. I support the idea of sending this bill to committee where it can be studied in depth. Thank you.

Senator Moncion: Do you agree that using a federal law to correct a provincial problem could be a problem? This is something that we are studying within my office, these jurisdictional issues. But would you agree?

Senator Wells: Senator Busson, I live a boring life, so while I did feel some violation of my privacy — it was my bank statements; I do my banking on my phone, so there was that feeling of violation — but I also thought that this is the process that a free country has. Also, I had nothing to hide.

In fact, on the claims form I said I have higher than the amount. In a public position such as ours, we don’t need to sneak around and try to get around the law because the headline isn’t that some guy gets around the law, it’s that a senator gets around the law, or tries to.

I felt violated years ago. In the 1970s, I had a car and it was parked in my driveway and the door was locked. I got up in the morning and my car had been broken into, and my cassettes had been stolen. They weren’t 8-tracks; they were just the regular old-fashioned cassettes.

A couple of weeks later, I came out to my car again and one of the cassettes was on the passenger seat. So they had returned one of the cassettes.

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. Gwen Boniface: Thank you, Senator Wells. I think you raised important questions, particularly around timing. I share some similar concerns in terms of this bill. Also, you didn’t mention — but I think you are aware — that it was denied referral to the Supreme Court. What it leaves for customs officers is inconsistency across the country. From my perspective, it’s so important to have a pan-Canadian perspective — one that we can make well known to our U.S. counterparts and others.

While we are frustrated, perhaps, with the speed with which the bill was put before the Senate, for the sake of those officers trying to do their work, would you agree with me that we should do a thorough review but not slow it down intentionally because of our displeasure with the government?

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.

(1410)

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?