Hon. Terry M. Mercer: Honourable senators, I rise today to pay tribute to my dear friend and former colleague, Senator Joyce Fairbairn.

In thinking about what to say today, I first thought of the fact that Joyce was the first female Leader of the Government in the Senate. But she was so much more than that. She was a trailblazer for women in journalism and communications, culminating in a job in former prime minister Pierre Trudeau’s office.

She was a guide to me and others as chair of the Agriculture Committee and others. She brought out the best of us — and especially our clerks — in her Senate work.

She loved to ride horses. She was passionate about literacy and the Paralympic movement in Canada. She was a proud defender of the West.

What struck me the most was that she called herself the girl from Lethbridge, and the people of Lethbridge called her “our senator.” That’s right — in southern Alberta, a Liberal. That was a remarkable testament to how much people loved her and how much she loved and supported them, and all her fellow Albertans and Canadians.

While her career may have ended early, she remained steadfast in her work for as long as possible and she continued to live her life to the fullest. Our sincere condolences to her family and the many friends she leaves behind.

I find it fitting that it was her wish that the celebration of her life be held in the warmth of summer because that is who she always was in everything she did, warm and bright.

We will miss you, Joyce.

Hon. Paula Simons: Honourable senators, I never knew Joyce Fairbairn but, as a fellow Albertan and a fellow journalist, I’m grateful for this opportunity to honour her memory.

Joyce Fairbairn was born on November 6, 1939, at the old Galt Hospital in Lethbridge. I mention that because the building is today the Galt Museum & Archives thanks, in part, to her vision and to the funding she secured for the project.

Her father, Lynden Eldon Fairbairn, was a pilot in the Royal Flying Corps during the First World War. He was later a Crown prosecutor, a judge and an active Liberal. Indeed, he sat as a Liberal candidate for Lethbridge in the 1935 and 1940 federal elections, which he lost to a Social Credit incumbent.

Lynden Fairbairn died in a riding accident in 1946, not long after Joyce’s sixth birthday, so she was raised primarily by her widowed mother Mary.

She landed her first job in journalism while she was still a high school student, writing a column for the Lethbridge Herald called “Teen Chatter.” She earned a BA in English literature at the University of Alberta in Edmonton and then headed to Ottawa to take a degree in journalism at Carleton University.

A true journalism pioneer, she was the first woman to be a member of the Ottawa press gallery where she worked until 1970 when she joined the staff of former prime minister Pierre Trudeau.

Others have spoken about her accomplishments as a political staffer and a senator, about her work as a champion of the Paralympic movement and of literacy charities.

Let me talk about the way Lethbridge will remember Morning Bird Woman as she was named by the Kainai First Nation when they inducted her as an honourary chief in 1990.

In Lethbridge, they remember Joyce Fairbairn as a politician who showed up to public events, parades and festivals, large and small; as someone who fiercely championed their city and region; as someone respected by politicians from across the political spectrum and from every order of government.

David Carpenter, who was mayor of Lethbridge from 1986 to 2001, spoke to the Lethbridge Herald after Joyce Fairbairn’s death.

I remember every year she used to do as many of the parades in the surrounding towns as humanly possible and then come back and smile all through the city’s Canada Day ceremonies. A ferocious speaker, never using notes, she could capture your attention even if you were one of a thousand listening.

David Carpenter added, “My biggest nightmare was to find out that I was scheduled to speak after her.”

In the end, Joyce Fairbairn’s memory failed her in the most treacherous and tragic of ways. But in Lethbridge, her memory will endure as a blessing for generations to come.

Hon. Marty Deacon: Honourable senators, this question is for the government representative. In February, not too long ago, it was National Flag of Canada Day. This, of course, coincided with the convoy occupation in Ottawa and similar protests across the country, where the flag was utilized in ways that many found unsettling. The Royal Canadian Legion, for instance, condemned the way it was being used. To this day, there are a number of Canadians who have reached out to tell us that they have removed their flag from prominence in and about their homes.

As you will also recall, Canada Day celebrations last year were subdued by choice in some communities. With Canada Day again just around the corner, I worry that too many Canadians are also now looking at our flag in a different way.

Today I ask what is being done by the government to reclaim the symbolism of the Canadian flag and Canada Day that respects the history and past of all Canadians. We want the flag and Canada Day to be a symbol of peace, order, inclusion and good government for all Canadians.

Hon. Marc Gold (Government Representative in the Senate): Thank you, senator, for raising this issue. As stated in the National Flag of Canada Act, all Canadians are encouraged to proudly display the national flag of Canada in accordance with flag protocol.

Our democracy is facing serious and unprecedented attacks that are fuelling extremism, eroding trust in government and undermining the social fabric of our society. To combat the misinformation and disinformation on social media, the government has launched programs such as the Digital Citizen Initiative to equip Canadians with the tools they need to think critically about information they see online. We all have a collective duty to try to rebuild the trust in our institutions, including our flag. All of us have a role to play in reclaiming this important symbol for all Canadians.

Senator M. Deacon: Thank you for that response. I would say that, on behalf of all Canadians, we’re looking forward to seeing the collective work and tangible progress made so that we have Canada Day celebrations and a flag that we can all hold our heads high about. Thank you.

Hon. Leo Housakos: Honourable senators, I rise today to express deep sadness as we mourn the passing of the iconic Guy Lafleur. In the days since the news of his passing, countless tributes have poured in from across the country affirming what we all know to be true about Mr. Lafleur: that he was a remarkable talent and a beloved individual.

Guy Lafleur was my favourite hockey player growing up and a childhood idol of mine, as he was for so many hockey fans. His distinct style, electrifying performance and prolific goal scoring were always a thrill to watch and made him a player like no other.

[Translation]

Lafleur’s hockey career was truly outstanding. He won five Stanley Cups with the Montreal Canadiens, was inducted into the Hockey Hall of Fame in 1988, and was named one of the 100 greatest NHL players in 2017.

His many achievements solidified his legacy as a dominant figure in Montreal hockey history and one of the best players of all time.

[English]

Guy Lafleur’s commitment and devotion to the beloved game of hockey was unwavering even in his post-playing days. For decades following his retirement in 1991, he continued to give back and make countless contributions to the sport, serving as an ambassador to the Montreal Canadiens and establishing the Guy Lafleur Award of Excellence in an annual prize awarded to the top student athlete hockey player in my home province of Quebec.

[Translation]

His contributions went beyond hockey. In his later years, he helped advance cancer research through the Guy Lafleur Fund by supporting the CHUM Foundation, where he himself was a patient.

[English]

Mr. Lafleur leaves behind an immeasurable legacy, and his impact is felt throughout the world of hockey and far beyond. He remains deeply adored by millions of Canadians not only for his legendary talent but also for his humble nature off the ice, his generosity and accessibility toward his fan base and, most importantly, for the priceless memories he has given to hockey fans and Canadians, which they will undoubtedly cherish forever.

Guy Lafleur once spoke to a group of young hockey players, and he shared with them some sage advice. He told them to always work hard, always play passionately and play as if it’s the last game of your life.

[Translation]

In closing, colleagues, I would like to offer my sincere condolences to the entire Lafleur family and to the millions of hockey fans with whom he forged unique bonds throughout his career.

[English]

The glorious chants of “Guy, Guy, Guy!” will be dearly missed and fondly remembered forever. Thank you.

[Translation]

Hon. Marie-Françoise Mégie moved third reading of Bill S-209, An Act respecting Pandemic Observance Day, as amended.

She said: Honourable senators, I was saving my speech for the next sitting of the Senate. I thought that Senator Duncan could move the adjournment.

(On motion of Senator Omidvar, for Senator Duncan, debate adjourned.)

Hon. Julie Miville-Dechêne moved third reading of Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff, as amended.

She said: Honourable senators, I rise to speak at third reading of Bill S-211, which seeks to fight against forced labour and child labour in supply chains.

I am relieved that this bill has finally reached an important stage in the Senate, given that its progress has been interrupted four times since 2018, first in the House of Commons and then in the Senate, due to elections and prorogations. In short, it followed the usual difficult path of any private member’s bill.

We must not forget that careful consideration of this issue started out in a House of Commons committee, which four years ago called for the elimination of child labour in the supply chains of Canadian-based companies.

[English]

I first want to thank Senator Salma Ataullahjan, who was not only the critic of the bill but the Chair of the Senate Standing Committee on Human Rights that devoted five meetings to the diligent study of this bill.

I was impressed by the diversity of opinions and the witnesses called. The committee heard supporters of the bill but also critical and articulate voices who wanted Canada to go further in the defence of human beings subjected to forced labour, including exploited children.

Here are some of the voices we heard during the committee study of Bill S-211.

The Canadian Chamber of Commerce supports the objectives of this bill but feels it is too harsh in some respects and would like it to apply to fewer businesses.

Taking the opposing view, the committee also heard from Surya Deva, a United Nations expert who believes the bill should go further — in particular, to cover all human rights, to impose an obligation of due diligence on businesses and to give victims direct access to Canadian courts to obtain compensation from companies.

From a pragmatic perspective, lawyer and expert Stephen Pike said that he believes Bill S-211:

. . . is a reasonable, appropriate and evolutionary first step forward, using supply chain transparency reporting to . . . catalyze actions to address these human rights abuses.

I also note that World Vision Canada, an NGO promoting children’s rights with special expertise in child labour, also stated that supply chain legislation could begin paving our constructive path toward tackling the issue of child labour.

There was a clash of ideas, and the committee heard both the perspective of business and that of more committed activists. The comments received suggest that Bill S-211 embodies a certain compromise between the expectations of one and the other. By using the tool of transparency, the law aims to encourage companies to make the necessary efforts to prevent and reduce the risk of forced labour and child labour in their supply chains.

Members of the Human Rights Committee are well aware of the limitations of Bill S-211, but they supported this bill because it goes in the right direction. This is truly a first step, designed to raise awareness for all those who participate in the race to have goods manufactured at the lowest possible price all over the world. For companies that do not report or that provide false or misleading information, there will be penalties.

[Translation]

I thank Senator Gerba for introducing an amendment that clarifies and strengthens one of the most difficult issues related to implementing this transparency bill. What happens after the company removes the children from the production chains?

Several senators rightly repeated that a child who works can support an entire family. There is a risk that Bill S-211 will indirectly impoverish families, or that it will push children into lower-paying or more dangerous jobs in the informal economy. The amendment that was adopted adds a requirement for a company to report on the following:

For example, this might take the form of compensation for the affected family, including to allow a child to attend school.

Transparency legislation such as Bill S-211 requires companies to report on what it is doing or not doing to eliminate forced labour and compensate the victims. These reports are made public and become tools for human rights advocacy groups and consumers, so they can report offenders or simply switch suppliers.

The good news is that the movement has already begun. The committee was pleased to hear from Jennie Coleman, president of Equifruit, which trades in fair trade bananas. She explained that paying just a few pennies more per pound of bananas can have a direct impact on the working conditions of the children and adults who harvest them. I hope that I can count on the support of my colleagues in the Senate today in order to send this bill to the other place so it may continue through the legislative process and, who knows, maybe even get the government’s attention.

The Minister of Labour, Seamus O’Reagan, has just reiterated that legislation against forced labour is a priority for his government. He promised to review private members’ bills on this issue, including mine, before deciding whether to amend one of them or introduce his own bill. Whichever avenue is chosen, the most important thing for me is that there is a law and that it is passed as soon as possible. Private members’ bills are useful not only if they are passed as they stand, but also because of the pressure they put on the government to legislate without delay.

In my case, it was the first time I had ever sponsored a Senate bill. I learned a lot from Bill S-211. Over the two years that I have been on this journey, I have received valuable support from concerned citizens, advocacy groups, independent and Conservative senators, MPs of all parties as well as the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking. This demonstrates the non-partisan consensus that exists regarding the need to combat these appalling human rights violations. Thank you to everyone.

Hon. Patrick Brazeau: Honourable senators, spring is usually the time when flowers bud and bloom. Unfortunately, last week, one flower was lost to us.

Guy Lafleur, known to fans as “The Flower,” passed away on April 22 after a battle with lung cancer.

The “Thurso Turbo,” as he was also known, played 15 seasons with the Montreal Canadiens, winning five Stanley Cups and topping 50 goals and 100 points for six consecutive seasons. He also won three Lester B. Pearson Awards, two Hart Memorial Trophies, the Conn Smythe Trophy, the Maurice Richard Trophy, and the Ted Lindsay Award. He played in six NHL All-Star Games, had his number retired and was inducted into the Hockey Hall of Fame.

Guy Lafleur touched the hearts of many people. All the kids talked about Guy Lafleur and wanted to be like him. Many Quebeckers of every age idolized him.

When fans saw his blond hair flowing behind him as he sped down the ice, they knew that something special was about to happen. Not only was Guy Lafleur one of the best players in the world, but he was and always will be a legend.

I had the opportunity to meet Guy Lafleur and to play against him. When the Canadiens Alumni team went to Maniwaki a few years ago, I had the honour of playing against my childhood idol for $1,000.

Fans lined up for the opportunity to shake Guy’s hand or take a picture with him. As it got closer to game time, some fans started getting nervous because there was still a long line of people waiting to meet Guy. All of a sudden, Guy stood up and called, “Don’t worry, the bus won’t leave for the arena unless I’m in it!” That was a relief to everyone waiting to meet their idol.

I’ve met a lot of beloved public figures, in different lines of work, but when I met Guy Lafleur, I knew I was shaking hands with someone very special, a living legend. I had never seen someone as famous as Guy Lafleur treat fans with such class.

He treated every fan like an old friend. He would show interest in them, which you don’t see too often. He would ask them as many questions as they asked him. Here was an athlete who was one of the best in his sport, who had won multiple trophies and Stanley Cups, but that day, he was just another guy. I was touched by this interaction and wanted to share it with you today.

Guy Lafleur inspired us throughout many springs, but this spring, we are asking him to rest in peace and thanking him for all of the memories.

I offer my condolences to the entire Lafleur family. Our hearts go out to them.

Thank you.

Hon. Marie-Françoise Mégie: Honourable senators, today I rise to pay tribute to Nicole Gladu, who died of natural causes on March 27 at the age of 76. Her funeral was held last weekend in Montreal.

I didn’t know her personally, but everyone knew of her, and her name will always be a part of the conversation about medical assistance in dying.

Together with Jean Truchon, she challenged the constitutionality of the reasonably foreseeable natural death criterion for eligibility for medical assistance in dying.

Ms. Gladu contracted poliomyelitis at the age of four back when there was no vaccine, but the incurable degenerative disease did not stop her from achieving her dreams. Despite post-polio syndrome, she had a very full career as a journalist, a union leader, a director of communications and more. She left her mark on Quebec and internationally.

Although her health was declining, she found the strength to fight with determination, and she won her case on September 11, 2019.

Despite her victory, Ms. Gladu did not avail herself of medical assistance in dying. She fought for the right to choose her end of life and to extend that choice to all people for whom existence would become intolerable, people like Mr. Truchon.

Ms. Gladu chose to live out every moment of her life. She left us peacefully and naturally.

In her obituary, Ms. Gladu paid tribute to her family and to all the friends and colleagues who remained by her side and supported her through the various stages of her life. I want to join Ms. Gladu in thanking them for their dedication, and I offer my deepest condolences.

I also want to take this opportunity to thank all the caregivers in Canada and recognize their courage, sacrifice and selflessness. I would point out that April 5 is National Caregiver Day.

I had the privilege of working alongside my patients’ caregivers during my medical career. Their support is crucial for ensuring that sick people can remain at home safely and that those in palliative care can die with dignity.

I salute all the caregivers in Canada. May Ms. Gladu rest in peace.

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate): Honourable senators, I give notice that, at the next sitting of the Senate, I will move:

That, notwithstanding any provision of the Rules, previous order or usual practice, and without affecting progress in relation to Bill S-6, An Act respecting regulatory modernization:

1.the following committees be separately authorized to examine the subject matter of the following elements contained in Bill S-6:

(a)the Standing Senate Committee on Banking Trade and Commerce: those elements contained in Part 1;

(b)the Standing Senate Committee on Energy, the Environment and Natural Resources: those elements contained in Parts 2 and 3;

(c)the Standing Senate Committee on Agriculture and Forestry: those elements contained in Parts 4, 5 and 6;

(d)the Standing Senate Committee on Fisheries and Oceans: those elements contained in Part 7;

(e)the Standing Senate Committee on Social Affairs, Science and Technology: those elements contained in Part 8;

(f)the Standing Senate Committee on Foreign Affairs and International Trade: those elements contained in Part 9; and

(g)the Standing Senate Committee on Transport and Communications: those elements contained in Part 10;

2.each of the committees that are authorized to examine the subject matter of particular elements of Bill S-6 submit its final report to the Senate no later than May 30, 2022, and be authorized to deposit its report with the Clerk of the Senate if the Senate is not then sitting; and

3.the committee to which Bill S-6 may be referred, if it is adopted at second reading, be authorized to take into consideration these reports during its study of the bill.

[English]

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate): Honourable senators, I give notice that, two days hence:

I will call the attention of the Senate to the budget entitled Budget 2022: A Plan to Grow Our Economy and Make Life More Affordable, tabled in the House of Commons on April 7, 2022, by the Minister of Finance, the Honourable Chrystia Freeland, P.C., M.P., and in the Senate on April 26, 2022.

Hon. Stan Kutcher: Honourable senators, my question is for Senator Gold.

As this pandemic has unfolded, we are coming to understand that the COVID virus has both immediate and long-term negative impacts on health. “Long COVID” is a phrase that has now entered our vocabulary. Early studies suggest that substantive numbers of those who contract COVID can develop long COVID, even those who had mild cases. Recently, I spoke with Nobel Prize nominee Dr. Peter Hotez about the need to better understand the emerging impacts of the neurodegenerative effects of long COVID, including higher rates of dementia, Parkinson’s disease and mental illnesses, to name a few. Others have raised similar concerns about negative long-term cardiac and vascular impacts.

Simply put, we are facing an anticipated deluge of serious and expensive health impacts of long COVID, including in children, and we have limited knowledge about its epidemiology, pathoetiology and potential treatment.

What is the Canadian government doing right now to ensure that we have a comprehensive, integrated national strategy to improve our understanding and treatment of long COVID?

Hon. Marc Gold (Government Representative in the Senate): Thank you, senator, for your question and for underlining this important issue.

The government recognizes that we are faced with a situation where some who have contracted COVID-19 are facing a very long recovery. I’m advised that the government is actively working with national and international experts to build the evidence base on post-COVID-19 condition, to support Canadians who are experiencing those longer-term effects. Increasing our understanding of COVID, of course, is key to addressing and recovering from the pandemic.

To that end, since March 2020 the Government of Canada has invested more than $250 million in critical areas of COVID-19 research. It’s also investing an additional $119 million in COVID-19 research, including funding further studies to better understand post-COVID-19 condition.

Earlier this week, colleagues, the government announced it is launching a second cycle of the Canadian COVID-19 Antibody and Health Survey led by Statistics Canada, the Public Health Agency of Canada and the COVID-19 Immunity Task Force, which aims to better understand the impacts of the pandemic on the health and well-being of Canadians.

Senator Gold: As I said, senator, the Government of Canada is working with national and international experts.

With regard to your specific question, I’ll certainly make inquiries and I would be happy to report back.

[Translation]

Hon. Pierre-Hugues Boisvenu: My question is for Senator Gold. In 2019-20, a number of newspapers reported on serious revelations about partisan judicial appointments by the Liberal government.

The Liberals were accused of vetting judges using the Liberalist, a database containing confidential information on candidates’ interactions with the Liberal Party of Canada over the years, such as supporting the Prime Minister, participating in federal campaigns and, most importantly, donating to the Liberal Party.

It was also revealed that François Landry, an adviser to the Minister of Justice at the time, wrote emails to his chief of staff saying that he and other aides were being pressured by the PMO about judicial appointments. He said, and I quote:

What we are doing is similar to what led to the Inquiry Commission on the Process for Appointing Judges back in 2010 in Quebec.

We have now learned that Paul Rouleau, the judge presiding over the independent public inquiry into the invocation of the Emergencies Act, had previous involvement with the Liberal Party.

Do you agree with the Prime Minister’s decision to appoint one of his friends to head an investigation that Canadians have been waiting for and that is specifically meant to be independent?

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. The government has full confidence in Justice Rouleau. For everyone’s benefit, I remind senators that he was appointed in 2002 and has since been subject to rules of professional conduct that bar him from participating in any sort of partisan activities. What is currently circulating on social media is fake news.

The fact of the matter is that Justice Rouleau is highly respected both in Ontario and across the country for his work as a judge and also as a lawyer who defended the rights of Franco-Ontarians in such cases as Montfort.

The fact that the government has called a public inquiry led by a highly experienced, highly qualified and renowned judge demonstrates that the government is committed not only to shedding light on its decision to invoke the Emergencies Act, but also to ensuring that we draw lessons for the future.

That is a long answer to a short question. The government firmly believes in Justice Rouleau’s integrity and impartiality and has full confidence in the inquiry he will conduct.

Senator Boisvenu: Senator Gold, you and I both know that, in justice matters, the appearance of a conflict of interest is just as damaging as an actual conflict. The revelations I mentioned earlier raised legitimate concerns in the court of public opinion in June 2020.

The Trudeau government responded to the criticism by stating that it would no longer use the Liberalist, but recent partisan appointments show that it did keep using that list. In fact, a friend of Minister Lametti’s who made a campaign contribution was appointed to the bench.

In order to allay any suspicion that politics might play a part in the judicial system, and to enable the Senate to get involved in the process, would you agree to the Standing Senate Committee on Legal and Constitutional Affairs conducting a study to uncover the truth about the Liberal government’s appointment of partisan judges?

Hon. Leo Housakos: Honourable senators, my question is for the government leader, Senator Gold. Earlier this year Public Safety Minister, Marco Mendicino, stated that he would issue a clear directive to Canada Border Services Agency, or CBSA, that Canadians returning home would have the option to present in person to border agents, including any required documentation, in hard copy rather than being penalized for not using the ArriveCAN app.

Senator Gold, Canadians who are arriving by air are still being refused boarding by airlines unless they have used the app, and Canadians still face financial penalties if they arrive at land crossings without having used the app.

My question, Senator Gold, is simple: Why has this still not been communicated to CBSA agents?

Hon. Mary Jane McCallum: Honourable senators, my question is for the Government Representative in the Senate. Senator Gold, I would like to ask a question about Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999. My question is specifically with regard to tailings ponds in the Athabasca oil sands region where the dams have reached holding capacity.

The oil sands operators have accumulated very large volumes of tailings water with no proposal for their effective treatment or management. I recently had a meeting with Minister Guilbeault’s staff on this matter, and they were unable to directly answer my question on this issue.

Would you please clarify whether the harmful chemicals in the tailings ponds are considered and listed on the schedule in Bill S-5, and under what part? If these chemicals are not currently being considered under CEPA, what legislation would be most appropriate to address the issue of tailings ponds?

I will also say that I do not believe the answer is the Fisheries Act, as that would not consider the harmful and cumulative health impacts of tailings ponds on the land, the animals and on the people who have had to deal with this issue since 1995, the Athabasca region First Nations. Thank you.