SoVote

Decentralized Democracy
  • May/17/22 2:00:00 p.m.

Hon. Rose-May Poirier: Senator Gold, on Friday, the federal government appealed the decision recognizing that the position of Lieutenant-Governor of New Brunswick must be held by a person “capable of executing all tasks required of the Role of Lieutenant-Governor in both the English and the French Languages.” Despite the government’s fine words, its intentions are now clear. The Prime Minister wants to retain the privilege of appointing lieutenant-governors who can’t communicate in French. Senator Gold, why is the Liberal government dragging Acadians through an appeal rather than supporting them and recognizing their rights?

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  • May/17/22 2:00:00 p.m.

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. That is a fundamental issue. The Government of Canada recognizes that it is essential to appoint lieutenant-governors who are proficient in both official languages, given New Brunswick’s status as a bilingual province.

The decision to appeal the ruling of the Court of Queen’s Bench does not in any way compromise the government’s commitment to protecting and promoting linguistic duality, which includes our modernization of the Official Languages Act. Going forward, the government is committed to appointing bilingual lieutenant-governors in New Brunswick, starting with the next appointment process.

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  • May/17/22 2:00:00 p.m.

Hon. Pierre-Hugues Boisvenu: Honourable senators, I feel very moved to rise today to mark Victims and Survivors of Crime Week. We are joined by a number of women who have been victims of intimate partner violence and by families whose loved ones have been killed as a result of intimate partner violence. We just heard their names read out. They are a powerful example of strength and determination.

These women who are here today are part of a group of 100 or so other women who are watching us. My statement is dedicated to them because, one day, they decided to break the silence that imprisoned them. These courageous women are the authors of my bill, Bill S-205, which, as you know, aims to protect thousands of Canadians women who are currently forced to remain silent out of fear for their lives and those of their children.

These women here in the Senate today are heroines. They are role models for other women who have spoken out against the violence they experienced, saying, “Enough is enough.” They are also heroines for facing up to a justice system that failed to protect them, given that they risked their lives by reporting their abusers.

There are two reasons they are here in the chamber with me today. First, they are here to be the face of women who have been injured as a result of intimate partner violence and in memory of the women who were killed, the ones the justice system failed to protect. These survivors are also here for a second reason: their tireless commitment to changing the law to better protect women who will one day want to report their abusers.

Let’s recall that, in 2021, the Canadian Femicide Observatory for Justice and Accountability identified 173 homicides of women and girls, over 50% of which were attributed to intimate partner violence. This is a 30% increase over the past three years. The federal government is not doing enough to address the violence that is killing too many women.

In 2022, we can no longer hide the victims to hide the problem. In a few minutes, together with two colleagues from the other place, Ms. Dancho and Ms. Vecchio, we will officially launch national e-petition 4011, which calls on the federal government to pass my Bill S-205 to put a stop to the hundreds of femicides happening in Canada each year. Canada must catch up with other countries by showing leadership and making the right decisions to do a proper job of protecting 52% of the population: women.

I invite my honourable colleagues to demonstrate solidarity with all women across Canada by signing and sharing this petition. Without strong solidarity, we will continue to mourn the loss of women and children and ask ourselves why we didn’t do enough to save them. We have lost too many of them. Now it is time to save them.

To my collaborators and to the families of murdered victims, I want to say that your courage is undeniable, and you deserve our full respect and commitment. Honourable colleagues, I’m sure you will all join me in saluting these deserving individuals.

Thank you.

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  • May/17/22 2:00:00 p.m.

Senator Poirier: Senator Gold, the list of controversies is growing, and they include the appointment of a unilingual Governor General and a unilingual Lieutenant-Governor, a quasi‑appeal as a result of a broad interpretation of Part VII of the Official Languages Act, concerns regarding child care agreements without language clauses for francophones, the unilingualism of CN and Air Canada executives, a press conference given by the Minister of Immigration in English only, and lastly, this decision to appeal Justice DeWare’s ruling. How can Acadians and minority language communities be sure that your government is working to advance linguistic duality when its actions, including the decision it made on Friday to appeal the ruling, prove otherwise?

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  • May/17/22 2:00:00 p.m.

Senator Gold: Thank you for the question. As I said, the decision to appeal the ruling does not indicate a lack of commitment. The Minister of Justice said that there are some important principles at play in the reasons for judgment set out in the ruling that the government decided to appeal. These principles include the process for amending the Constitution and the Canadian Charter of Rights and Freedoms.

As for your question, more generally, I encourage you to take a close look at the official languages bill to see how committed the government is to minority language communities, including francophones in your province.

[English]

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  • May/17/22 2:00:00 p.m.

Hon. Éric Forest: Honourable senators, I would like to take a moment to comment on the hundredth annual meeting of the Union des municipalités du Québec, or UMQ, which took place last week in Quebec City.

It was the first opportunity for the new cohort of elected representatives to meet, and more than 1,500 delegates attended the event. It was refreshing to see so many women and young people from Quebec’s major cities at the table.

The UMQ’s chosen theme also reflects the fact that newly elected officials are particularly aware of the essential role of municipalities in addressing the climate emergency. Discussions focused on optimizing land use, fighting urban sprawl and increasing neighbourhood density.

In order to significantly reduce our greenhouse gas emissions, targeting emissions in the transportation sector is critical. Electrifying transportation is good; designing neighbourhoods that minimize the need for transportation is even better. The municipalities are ready to do their part. They just need the right legal tools and funding.

At this major forum, the UMQ also shared the results of a groundbreaking study on the impact of climate change on municipal finances. According to climate change economist Charles-Antoine Gosselin, the impact of weather events translates into a 30% average increase in security spending, the fourth-largest budget item for municipalities.

According to the study, 75% of Quebec’s population will soon be living in a municipality likely to be exposed to a risk zone, such as flooding or ground movement. Governments need to empower municipalities to deal with the threat of climate change, for the sake of both the future of our planet and our public finances.

For now, all eyes will be on the Government of Quebec and its new national architecture and land use policy, which we hope will provide municipalities with new powers to fight climate change. In the medium term, we must come up with a new way of sharing revenue sources between Ottawa, the provinces and territories, and the cities if we want to effectively fight climate change.

We cannot ask the municipalities to be on the front lines of the fight against climate change and give them property taxes as their only resource. Those taxes don’t even cover the basic services provided by the municipalities.

This year, the UMQ was once again able to prove its worth by advancing the concerns of Quebecers. Municipalities are coming together like never before, and they are determined to fight this important battle against climate change.

Thank you.

[English]

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  • May/17/22 2:00:00 p.m.

Hon. Paula Simons: Honourable senators, my question is for the Government Representative in the Senate.

It’s a question about avian influenza, which I don’t think is a topic we have discussed here before. Alberta is in the midst of an avian influenza outbreak, with 24 farms affected to date and 900,000 — almost 1 million — birds having been destroyed. The hardest hit, primarily, have been turkey producers and hatching-egg producers.

Can the government representative tell us what the CFIA is doing to track and contain avian flu outbreaks, which I believe are happening in Alberta, Ontario and Quebec right now?

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  • May/17/22 2:00:00 p.m.

Hon. Brent Cotter: Honourable senators, David Milgaard died this past Sunday at the age of 69. David Milgaard was an advocate for justice, but he was no ordinary advocate for justice. His story is well known. At age 17, David Milgaard was convicted of the murder of young nurse Gail Miller in Saskatoon in January 1970 — a crime actually committed by someone else.

He served over 22 years in prison, all the while protesting his innocence. Relentless efforts on the part of his mother, Joyce Milgaard, and on the part of his lawyers — most notably Hersh Wolch and David Asper — resulted in his conviction being reviewed and ultimately set aside by the Supreme Court of Canada in 1992.

After a number of reviews of the case, including one I initiated in 1993, David Milgaard was exonerated and affirmatively found to have been innocent of the murder. His exoneration was achieved by DNA testing — something I hope to return to when we discuss Senator Carignan’s bill in the coming weeks. Our thoughts today are and must be about David Milgaard’s tragic 22-plus-year ordeal — a third of his life — the suffering that should never have been visited upon him, or any of us, and about the man that David Milgaard became.

Almost from the day he was released from prison, David Milgaard began a journey to make the justice system better, and in particular for the wrongly accused and convicted. He spoke everywhere and to anyone who wished to hear his own story. He acknowledged his own suffering but, in a powerful and selfless way, called upon us to work harder to make the system better, fairer and more committed to identifying and addressing the wrongful convictions that will inevitably occur in our justice system.

He spoke many times at our law school, always to standing-room-only audiences, always to standing ovations and always bringing tears to the eyes of the attendees. He became a hero to my students. He became a hero to me. How could he not? Someone who had suffered so grievously, surely with such pain, turned not into that pain and darkness but to the light to try to make the system that took so much from him a better one for others.

There are others who have been wrongly convicted and who have suffered greatly for it. I think of one other from Nova Scotia, Donald Marshall Jr., again aided by courageous lawyers. Donald Marshall pursued a similar path, and the review of his case led to significant changes to the administration of criminal justice throughout our country.

A similar honour is possible for David Milgaard and his devoted family. He long crusaded for the establishment of an independent criminal case review commission to review cases of alleged wrongful convictions. We owe it to his legacy to make that commission a reality. Thank you.

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  • May/17/22 2:00:00 p.m.

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. Indeed, there was an outbreak not far from where I lived in the Eastern Townships in Quebec.

The government understands that the avian influenza is causing considerable stress to all poultry producers, even if they are — and they are — being vigilant and rigorous in their application of biosecurity measures to protect their animals. I am advised that the Canadian Food Inspection Agency is moving quickly to prevent the spread of the disease and to apply depopulation and disinfection protocols to affected facilities. If a poultry flock is affected by avian influenza, the agency follows a protocol to depopulate and disinfect the facility. The government continues to monitor the situation closely and is in continuous contact with the affected provinces and with industry.

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  • May/17/22 2:00:00 p.m.

Hon. Kim Pate: Honourable senators, my question is for the Government Representative in the Senate.

Yesterday, we launched a report representing a collaboration between our office, 12 Indigenous women with lived experiences of injustices and miscarriages of justice in the criminal legal system, Indigenous senators and leaders and numerous other experts and advisers. The report highlights the role of systemic colonialism, racism and misogyny in marginalizing, victimizing, criminalizing and institutionalizing women, including by failing to protect women experiencing violence and then subjecting them to a mandatory life sentence when they use force to try to protect themselves or others. The report calls for a group review of the convictions and sentences of these 12 Indigenous women by the Law Commission of Canada or the anticipated miscarriages of justice commission.

In light of the role that mandatory life sentences play in the miscarriages of justice for Indigenous women, will the government commit to amending Bill C-5 prior to referring it to the Senate in order to ensure that judges can do their job of assessing all circumstances when sentencing so that they are not unfairly handcuffed by mandatory minimum sentences, as they were in the cases of many of these 12 women?

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  • May/17/22 2:00:00 p.m.

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

The government introduced Bill C-5 to address Indigenous overrepresentation, systemic racism and discrimination in the justice system. The bill aims to restore access to community-based sentences and repeal unnecessary mandatory minimum penalties that have unfairly affected Indigenous people, as well as Black and marginalized Canadians. The government is also making important investments in this regard, including $9 million announced recently to support and expand the Indigenous Justice Centres in British Columbia.

Indeed, Bill C-5 is part of an overall justice strategy, particularly with respect to addressing systemic racism, which I note is an undertaking included in the minister’s mandate letter. Further, my understanding is that the minister had positive discussions with Indigenous senators last week and that such engagement will continue. I’m further advised that the minister is open to broader discussions on justice strategy.

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  • May/17/22 2:00:00 p.m.

Senator Gold: As I have said, the government is committed to addressing Indigenous overrepresentation, systemic racism, discrimination and the injustice that flows from that in our justice system.

With regard to your question, senator, I’m advised that the government is carefully reviewing the report to which you referred and its recommendations. As a result, I cannot provide information on timelines at this time. I am advised further, however, that the government is working to establish an independent criminal case review commission relying on the report received from former justices LaForme and Westmoreland-Traoré.

The government wishes to thank everyone who participated in the proceedings and consultations, including those who have been wrongly convicted, for sharing their insights, first-hand experiences and expertise.

[Translation]

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  • May/17/22 2:00:00 p.m.

Hon. Amina Gerba: My question is for the Government Representative in the Senate. Senator Gold, last week the governments of Quebec and Canada welcomed Louise Mushikiwabo, the Secretary General of La Francophonie. She was visiting Quebec City to inaugurate a new office to represent the Organisation internationale de la Francophonie in the Americas, cementing Quebec’s importance within the Francophonie.

Although the Government of Canada is very active in the Francophonie, it seems to overlook the importance of having representation in francophone countries.

Senator Gold, can you tell us why the government has yet to appoint ambassadors to 14 francophone countries, including France and Senegal, two very important embassies that have been without a head of mission since 2021?

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  • May/17/22 2:00:00 p.m.

Hon. Leo Housakos: Honourable senators, my question is for the Leader of the Government in the Senate. Senator Gold, most if not all of us have seen the coverage of increasingly long lineups at major airports across Canada, most notably at Toronto Pearson International Airport.

Recently, your government’s transportation minister blamed the delays and congestion on travellers themselves by saying, “They’re out of practice,” which is quite unbelievable.

The truth is, Senator Gold, with the processing time of incoming international passengers having quadrupled amid vaccination checks, pre-clearance security kiosks and the use of the ArriveCAN app, these delays are squarely on the shoulders of your government and the pandemic measures that are unnecessarily remaining in place. It has apparently become so chaotic today that your government is considering the cancellation of flights to alleviate some of the burden.

My question for you is simple: Why doesn’t your government stop the political posturing and do the right thing instead of cancelling the flights of millions of Canadians who have been unable to travel and unable to see family and friends for two years? Why doesn’t your government cancel their erroneous and unnecessary travel requirements?

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  • May/17/22 2:00:00 p.m.

Hon. Marc Gold (Government Representative in the Senate): Thank you for raising the important question and issue of the viability and vitality of the small business sector in Canada.

Honourable senators, the government is pursuing consultations to ensure that any changes it introduces are effective and, again, will continue to do so.

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  • May/17/22 2:00:00 p.m.

Senator Gold: I’ll certainly make inquiries and report back when I can.

[Translation]

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  • May/17/22 2:00:00 p.m.

Hon. Marc Gold (Government Representative in the Senate): I thank the senator for the question. Again, as I said earlier, the government recognizes that it is essential to appoint lieutenant-governors who are proficient in both official languages, given the status of New Brunswick as a bilingual province.

As you mentioned, and as I also noted, the government is committed to appointing bilingual lieutenant-governors in New Brunswick, starting with the next appointment process. As far as the format of that process is concerned, I will follow up with the government and come back to the chamber if such information is available.

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  • May/17/22 2:00:00 p.m.

Hon. René Cormier: My question is for the Government Representative in the Senate. Senator Gold, as my colleague mentioned, Canadians learned on Friday that the federal government will be appealing the decision of the Court of Queen’s Bench, which ruled as follows, and I quote:

 . . . a Lieutenant-Governor in the Province of New Brunswick must be bilingual and capable of executing all tasks required of the Role of Lieutenant-Governor in both the English and the French Languages . . . .

Senator Gold, the government says it is committed to ensuring that the successor to the current Lieutenant-Governor of New Brunswick is bilingual, but as Minister Dominic LeBlanc has pointed out, including language requirements in legislation raises complex issues, particularly of a constitutional nature. That said, what process does the government intend to put in place to ensure the long-term bilingualism of this office?

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  • May/17/22 2:00:00 p.m.

Hon. Marilou McPhedran: Honourable senators, my question is directed to Senator Marwah as Chair of the Standing Committee on Internal Economy, Budgets and Administration and is related to the climate crisis the world over, but also as it relates to the Senate.

The Sierra Club and six other non-profit organizations recently reported that fossil fuel financing from the world’s 60 largest banks reached US$4.6 trillion since the adoption of the Paris Agreement. The latest report from the UN Intergovernmental Panel on Climate Change, released April 4, warned it’s now or never and underscored the imperative to the financial sector to rapidly reduce its support for fossil fuels.

Senator Marwah, my question to you as chair of Internal Economy is informed by all of the big five banks in Canada — Scotiabank, RBC, CIBC, BMO and TD — being among the world’s top 20 financiers of fossil fuel producers, and the Sierra Club report named three Canadian big banks among the “dirty dozen” of top international fossil fuel financiers. RBC is number 5, Scotiabank is number 9, and TD is number 11. Senator Marwah, could you please inform us as to the bank or banks that the Senate of Canada uses for administration of the Senate, including payment of salaries to senators and their staff?

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