Hon. Leo Housakos (Acting Leader of the Opposition): Honourable senators, last week, Hong Kong Watch, a U.K.-based organization dedicated to monitoring and exposing threats against Hong Kong’s basic freedoms and autonomy, was itself threatened under the draconian national security law imposed on Hong Kong by the Chinese communist regime. In addition to using this law to block Hong Kong Watch’s website in Hong Kong, Beijing is threatening the organization, of which I am a patron, with a fine and the imprisonment of its Chief Executive, Benedict Rogers, for telling the world the truth about what is happening in Hong Kong.

This organization is not based in Hong Kong, yet the Chinese regime feels very comfortable threatening them and threatening Mr. Rogers, a British citizen, just as the Chinese Ambassador to Canada felt very comfortable threatening Canadian parliamentarians in late 2019 because of a motion I brought forward, along with Senator Ngo.

As Lord Patten of Barnes, the last British Governor of Hong Kong and a patron of Hong Kong Watch commented:

This is another disgraceful example of Mr Putin’s friends in Beijing and their quislings in Hong Kong trying not only to stamp out freedom of expression and information in Hong Kong but also to internationalise their campaign against evidence, freedom and honesty.

Lord Alton of Liverpool, a patron of Hong Kong Watch and one of the parliamentarians sanctioned by China, said last year:

This represents a significant escalation in the Chinese Communist Party regime’s attempts to silence dissent well beyond its borders . . . .

Hong Kong Watch’s Chief Executive, Benedict Rogers, himself said:

By threatening a UK-based NGO with financial penalties and jail for merely reporting on the human rights situation in Hong Kong, this letter exemplifies why Hong Kong’s National Security Law is so dangerous.

We will not be silenced by an authoritarian security apparatus which, through a mixture of senseless brutality and ineptitude, has triggered rapid mass migration out of the city and shut down civil society.

I echo all of these statements, and I remind everyone of the growing threat from the communist regime of China right here in Canada. Hong Kong Watch has trustees, patrons, staff and volunteers here in Canada, so these threats should very much be a matter of interest to this chamber and to the Canadian government.

I call on this chamber and the Government of Canada to join me in expressing support for Mr. Rogers and everyone involved in Hong Kong Watch and to make it clear that the draconian national security law will not be used to threaten or intimidate Canadians or anyone else on Canadian soil, nor anyone else involved with Hong Kong Watch anywhere in the world.

Thank you, colleagues.

Hon. Scott Tannas: Your Honour, I wanted to express our appreciation to you for your discretion in allowing an exception to the rules that are currently in place to permit us to welcome a distinguished guest to the chamber gallery.

Hon. Diane Bellemare: Honourable colleagues, today I want to share a very interesting initiative based in my province, Quebec. This is a project called Indicators of Well-Being in Québec, and it was unveiled in January by members and partners of the G15+ collective.

The G15+ collective is made up of 15 economic leaders from the union, social and environmental communities who have taken unprecedented steps to support Quebec’s economic recovery efforts. The group includes the Conseil du patronat du Québec, Fondaction, the Institut du Québec, Équiterre, the Fédération des chambres de commerce du Québec and the FTQ.

I applaud this concrete example of social dialogue. This kind of dialogue moves ideas and major social undertakings forward. After all, by speaking to one another, we can understand one another.

The collective explains its work on the indicators of well-being as follows:

Gross domestic product (GDP) and job creation are no longer enough to evaluate the well-being of Quebecers.

I agree. They are no longer enough. We also have to talk about all the elements that go into what we call the social wage, and other things too.

I would also like to take a moment to point out that the Senate Prosperity Action Group, an informal group in which I participated along with several other colleagues, also proposed a series of key performance indicators for building sustainable, inclusive and shared prosperity in Canada.

In Quebec, the indicators will be updated annually and will take into account the impact of the pandemic. The data is also available online.

The collective is calling on policy makers to make well‑being more central to their actions by linking well-being indicators to government budgeting and strategic planning, and to align methodologies through high-level federal, provincial and territorial collaboration in order to properly measure the well‑being of Canadians.

Honourable colleagues, that statement was written prior to February 24, 2022. As I reread it, it occurred to me that peace in this country, and in the world, is a necessary condition for the pursuit of collective well-being. War can never improve the fate of humanity.

I urge everyone to support the approach proposed by the collective for the benefit of all Canadians and, consequently, to pursue dialogue and social peace.

Thank you, meegwetch.

Hon. Pierrette Ringuette: Honourable senators, I rise today to inform you that Phillipe Bélanger, a young Senate employee, passed away on March 2. He was just 40 years old. Phillipe drove our shuttle buses and always greeted us with a beautiful smile.

A native of Edmundston, Phillipe lived life to the fullest through his love of and appreciation for nature. He loved climbing, hiking in the woods, downhill skiing, snowboarding and other outdoor activities.

A snowboarding accident when he was younger nearly cost him his life, but thanks to the exceptional dedication of his father Bertrand, a physiotherapist, and his mother Lise, a nurse, Phillipe recovered, and he was more determined than ever to make every second of his life count.

In June 2019, Phillipe informed us that he had been diagnosed with Lou Gehrig’s disease. It was sad news, but Phillipe was determined to beat this disease, and he diligently participated in clinical trials in Montreal. He remained positive up until a few months ago. During that time, Phillipe travelled with me from Gatineau to Edmundston several times to visit his parents and friends. The trip was definitely hard on him, but he shared his deepest thoughts with me, always with a smile. I so enjoyed those times and especially his company.

He enjoyed those visits, but he always looked forward to returning to his little daughters and his wife, Martine, his treasures.

Phillipe left us far too soon, but his memory shall remain with us always. As the song by Angèle Arsenault goes, there is a star for you, there is a star for each and every one of us. Thanks to his parents’ devotion, there is indeed a star for Phillipe, a star that will always shine brightly for us.

Honourable senators, please join me and Senator Mockler in extending our sincere condolences to his wife Martine, his two young daughters, Marguerite and Clémence, his parents, Bertrand and Lise Bélanger, and his sisters, Josette and Martine.

This is a sad occasion. Thank you.

Hon. René Cormier: Honourable senators, every year on March 20, we celebrate the International Day of La Francophonie, and we remember that, according to the Observatoire de la langue française, there are more than 300 million French speakers living on five continents.

We remember that the French language is the fifth most spoken language in the world — or the sixth, according to some — as well as the fourth most used language on the internet, and that 59% of those who speak French on a daily basis live in Africa.

Every year, we reaffirm the importance of this language for Canada’s economic, diplomatic and cultural relations. We celebrate it in all its forms, not just to defend the language and cultural rights of a minority, but to recognize it for its true value, as one of our common languages in this country, one of our two official languages enshrined in Canada’s Constitution.

We celebrate its international significance and its universal, inclusive and unifying nature as a national treasure to be cherished. We remember also that the Francophonie is not just the French language. It is also an institution that Canada belongs to and that is dedicated to promoting political, educational, economic and cultural cooperation among the 88 member countries of the Organisation internationale de la Francophonie.

The theme of the 2022 International Day of La Francophonie is “La Francophonie of the future,” and it seeks to highlight the Francophonie’s support for youth and their aspirations, because by 2060, dear colleagues, more than 700 million human beings will live in francophone countries, and three quarters of them will be under the age of 30 and live in Africa.

Where do things stand in Canada? Why is there still so much to do to ensure that all Canadians get a chance to learn French? Why is it still so difficult to work and receive services in French in Canada? Why do some Canadians still believe that protecting and promoting the French language takes away from other linguistic realities?

There is still a lot of work to be done to help the French language and the francophonie thrive in Canada.

When we study Bill C-13, An Act for the Substantive Equality of Canada’s Official Languages, which would modernize the Official Languages Act, we will have the perfect opportunity to work on this and plan for the future.

On March 20, we also celebrate the International Day of Happiness, and, on March 21, we mark World Poetry Day.

Dear colleagues, I want to leave you with the beautiful, vivid words of Acadian poet Jonathan Roy:

I am a network of people

connected through blogs and community radio

together, minds open

my people, sharing

and down the road

at a fleeting feu de joie or tintamarre

we would chat to one another, about one another

in a language as passionate and majestic

as we are

I speak as one

French, Chiac, Acadian, Acadjonne

and a thousand other colourful languages

that we, together, have yet to name

but that, with a twinkle in the eye,

we understand all the same

Thank you.

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, I have the honour to table, in both official languages, the certificate of nomination and biographical notes for the proposed reappointment of Joe Friday to the position of Public Sector Integrity Commissioner for a term of 18 months.

Hon. Chantal Petitclerc: Honourable senators, we experienced some proud and joyful moments during the Beijing Paralympic Winter Games, which were held from March 4 to 13. Team Canada won 25 medals, including 8 gold. This goes down as Canada’s second-best showing ever at a Paralympic Winter Games, the best being at the Pyeongchang games in 2018.

These Canadian athletes include the incredible Brian McKeever, who took home 3 gold medals, bringing his career total to 16 gold medals. Yes, sad to say, he beat my personal record. All joking aside, I want to congratulate Brian. He is a legend, an outstanding athlete who has been inspiring us for many years and who has already committed to sharing his talent and expertise with our aspiring athletes.

[English]

The week before the Paralympic Games in Beijing, Russia began attacking Ukraine — a situation that troubles all of us and continues to trouble everyone worldwide. Let us take a moment to recognize the resilience of the Ukrainian team and athletes who came to the games to compete, and inspired all of us by winning a total of 29 medals and finishing in second place overall.

Before the games, Ukrainian Paralympic Committee President Valeriy Sushkevych told reporters it was a miracle for this team to be there. He said:

Not coming here would have been taking the easy option. . . . Our presence at the Paralympics . . . is a sign that Ukraine is and will remain a country.

That, colleagues, is the power of the Paralympic movement: beating all odds, making a difference, inspiring those around us, showing the world that we can overcome anything with strength and humility and proving that, in the end, human courage will prevail. Meegwetch. Thank you.

[Translation]

Senator Housakos: The only one to benefit from this is the Liberal government that got a minority mandate and are trying, through negotiation and deals with the socialist NDP, to turn it into a majority government. The only one to benefit here, let’s be clear, is the Liberal government.

I have previously raised the affordability crisis impacting Canadian families in this place. Inflation, as you know, government leader, is at a three-year high, and it will remain sky‑high under an NDP-Liberal coalition government. The NDP‑Liberal coalition government will be a high-spending, high-tax government with no regard whatsoever for the deficit or the cost of living.

Government leader, let’s be clear, we have a 30-year high in inflation. We have challenges for single mothers and middle‑class families to be able to feed their children due to just inflation. We see these difficulties every time a Canadian goes to the pump in order to fill their car or truck to go to work. We see the cost for young Canadians when they go out there to try to become first-time home buyers and the difficulty they are having in this country.

This NDP-Liberal coalition will further impact the daily lives of these Canadians because the NDP has given you a blank cheque until 2025, yet, the government leader in the Senate can’t tell us the exact figure of costs and how much this coalition is going to cost Canadian taxpayers.

Senator Gold: Thank you for your question. The issues of affordability that you raise are serious ones. We are all concerned about it, the government and I’m sure all opposition parties. It’s a serious question. However, it does not assist in dealing with serious questions by continuing to misrepresent the nature of the understanding that has been reached by the government and the NDP.

Honourable colleague, you have used the term “coalition government” on many occasions. It’s simply not the case. Talking points aside, it’s not helping Canadians understand what needs to be done to address the serious issues of affordability that you quite properly mention.

[Translation]

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

The government recognizes the importance of reaching a deal before the end of the fiscal year to ensure that Ontario families have access to all the funding allocated for them to help make their lives more affordable.

I’m advised that Ontario has submitted a first draft of its action plan demonstrating how it would use federal funds to implement affordable, accessible, high-quality and inclusive child care across the province. The submission of the first draft of the action plan has allowed for negotiations to move to the next phase where officials can work to ensure the plan meets federal objectives on space creation, affordability, data and reporting, workforce supports, inclusivity and quality within the parameters of the funding allocation for Ontario. I’m advised that Minister Karina Gould remains optimistic they can work together to secure a deal that will deliver for Ontario families and children.

Senator Gold: Thank you for your question, senator.

Before an agreement can be signed, my understanding is that provinces and territories must demonstrate through their action plans how they will achieve $10-a-day child care by 2026. I am advised that the agreements with provinces and territories do not stipulate any specific approach when it comes to existing providers. All licensed providers will be part of the Canada-wide system. Any system transformations are led by the provincial governments using funds from the federal agreement as outlined in their action plans.

Honourable senators, it’s important to retain existing licensed spaces and providers. As the federal and provincial governments work to build this system together, we need every high-quality space that we have. The government’s goal is to ensure all licensed providers and the families they serve are supported.

Senator Bernard: Senator Gold, I have heard from many African-Nova Scotian community members that funds from the Black Entrepreneurship Program have been challenging to access. What funds have been released to date, and what is the breakdown by province of organizations that have received this funding?

Hon. Donna Dasko: My question is for the Government Representative in the Senate.

Senator Gold, in 2018, through an order-in-council, the government established The Leaders’ Debates Commission, which is charged with organizing one leaders’ debate in each official language during each federal election period. The Leaders’ Debates Commission is required to provide to the Minister of Democratic Institutions a report no later than five months after the day on which a general election is held. Subsequently, the minister is to table the report in Parliament.

February 20 marked five months since the last federal election. As you may recall, there was much controversy surrounding the format and questions of the last federal leaders’ debate. I have initiated a Senate inquiry on this topic but have been delayed in speaking to it. I am hoping to use the report of The Leaders’ Debates Commission to inform my speech. I know that I’m not the only Canadian who is interested in this report.

Senator Gold, when can we expect to see The Leaders’ Debates Commission’s report?

Senator Gold: Thank you for the supplementary question. To date, I’m advised that $8,126,726 has been distributed and the average loan size is $88,302. As for the breakdown of organizations by province that have received money, I will make inquiries with the government and report back to this chamber.

[Translation]

Hon. Marilou McPhedran: Honourable senators, my question is to the Government Representative in the Senate.

Senator Gold, I was pleased to attend the world’s largest annual women’s human rights conference at the UN last week, CSW66. As I sat in the grand hall of the General Assembly, I asked myself what more Canada could be doing to support Ukrainians who are fighting to save their democracy because there’s a stranglehold on the UN Security Council by the vetoes of its permanent members Russia and China.

As you know, Senator Gold, 141 countries supported the UN General Assembly resolution condemning Russia’s invasion of Ukraine last week. Only four countries voted against. My question to the government today is geared to what more Canada can do through Ambassador Bob Rae’s effective and respected presence in the UN General Assembly.

Since the Security Council is inaccessible and ineffective, will the Government of Canada act on the authority of the UN General Assembly to mandate peacekeeping operations at the request or with the consent of Ukraine and continue Canada’s distinguished history, including the idea of the Blue Helmets at the time of the Suez crisis, by leading — as suggested today by the Honourable Lloyd Axworthy and the Honourable Allan Rock — an initiative now at the UN General Assembly to assemble and deploy peacekeepers to protect humanitarian corridors in Ukraine?

Senator Gold: Thank you for your question and for reminding us, if we needed reminding, of some of the challenges that the United Nations system imposes on the democratic countries seeking to work together to address, in this case, atrocious crimes against humanity. Canada will continue to work with its allies to do whatever it can and will participate and play whatever roles are appropriate for it to play, with its allies, to address the plight of Ukrainians being attacked and killed by Russia.

With regard to the specific question, I will make inquiries. Whether I’m able to report back will be a function of the nature of the discussions and the confidentiality that may be attached, but I will certainly make inquiries.

Hon. Salma Ataullahjan moved second reading of Bill S-224, An Act to amend the Criminal Code (trafficking in persons).

She said: Honourable senators, I rise today to speak to Bill S-224, which aims to facilitate the conviction of those charged with human trafficking-related offences. This bill will amend the Criminal Code’s definition of exploitation in human trafficking offences so that the Crown is no longer required to prove a reasonable person in the victim’s circumstances feared for their safety or the safety of someone they know. This will put the onus on the perpetrator rather than the survivors.

Bill S-224 is not a partisan bill. It’s about protecting young, vulnerable Canadians from predatory criminals who exploit their hopes and dreams for personal gain. Our judicial process currently has low rates of prosecution for human trafficking. It’s traumatizing for survivors and puts the burden of proof on victims.

The current definition in the Criminal Code suggests that a person is exploited only if fear was a driving factor in their exploitation. Here I quote:

. . . a person exploits another person if they cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service.

However, as I will demonstrate today, human trafficking is more complex and can only be defined by the perpetrator’s actions rather than the victim’s experience.

By amending the Criminal Code to reflect the international definition of “trafficking in persons” as outlined in the Palermo Protocol, we enable the Crown to efficiently convict human traffickers. The Palermo Protocol views human trafficking as having three distinct elements: the act, the means and the purpose. Human trafficking is defined as the act of recruiting, transporting, harbouring and receiving a person by means of coercion, abuse of power or deception for the purpose of exploitation. This is not reflected in our Criminal Code.

The Palermo Protocol was adopted in 2000 at the fifty-fifth session of the General Assembly of the United Nations and has 117 signatories, including Canada. Yet, 22 years later, this is another example of Canada’s promises without concrete action. This bill proposes to remove the element of fear to reflect the international definition of trafficking in persons as outlined in the Palermo Protocol.

In its current form, the Criminal Code puts the responsibility on victims or survivors to provide compelling testimony to prove the validity of their experience. This small yet powerful change will allow the Crown to convict human traffickers. I stand here today for human trafficking survivors, for their families, for young, vulnerable Canadians and for those who are currently being exploited in plain sight.

As such, Bill S-224 is not a partisan bill: It’s about protecting young, vulnerable Canadians from predatory criminals who exploit their hopes and dreams for personal gain.

This is an important bill. Human trafficking is a modern form of slavery that is on the rise worldwide with an estimated 40 million victims. It is a practice that relies on abuse and coercion to exploit young victims for sexual purposes or work. Traffickers will approach victims in various ways, either by convincing them that they are a potential friend or boyfriend, contacting them on social media, posting ads for jobs or even threatening or kidnapping them. They will promise money, clothes, work, education or financial aid for their family. Victims often do not realize that traffickers don’t have their best interests at heart.

In Canada, the geography and layout of the highways makes it easy for traffickers to avoid detection by law enforcement and maintain control over their isolated and disoriented victims. Although there is a popular belief that victims of human trafficking are brought into the country, most victims are young Canadian women. Almost half of them were found to have come from another city in the same province, and 60% of all victims come from Ontario.

Traffickers use transport corridors to haul their victims along the Trans-Canada and the 401 highways. Many willing customers can be found near oil patch work camps in Alberta, and traffickers exploit the province’s online sex markets. In Ontario, the practice is so commonplace on highways 11 and 17 that you most likely have crossed paths with a rental car in which a trafficker and his victim were travelling from Sudbury and Thunder Bay through northern Ontario towards Winnipeg.

As I have mentioned, traffickers often recruit their victims with false promises, but can also use threats and violence to break them. It is heartbreaking to hear how they exploit vulnerability by aiming for young people dealing with homelessness, substance abuse, addiction, trauma, abuse or violence.

Among the most at-risk groups are women and girls, new immigrants, children in the welfare system, persons living with disabilities, LGBTQ2+ and migrant workers. These are Canadians already falling through the cracks.

The most vulnerable are Indigenous children who live with the impact of hundreds of years of ongoing trauma. In 2014, Indigenous people made up 4% of the population but accounted for half the trafficking victims. Recruiting young Indigenous girls is so commonplace that many survivors have described men waiting at Greyhound bus stations at night and approaching them, promising a place to stay and safety. One Indigenous survivor explained that by the age of 16, she believed it was okay to be beaten by men.

Traffickers will also use their victims to do their dirty work and recruit other vulnerable individuals, often promising them a way out. This shows the extent of manipulation, fear and gaslighting victims face on a daily basis.

Alternatively, social media has unfortunately made recruiting young Canadians and children much easier. Pedophiles can reach out to as many as 100 children per hour on popular apps like TikTok and Instagram.

Leaving such exploitation requires courage, dedication and, often, outside help. Many survivors work tirelessly to help victims escape their traffickers. However, many victims fear or distrust law enforcement, and it can take up to 18 attempts before permanently leaving human trafficking. To make matters worse, it can easily take up to two years before an adult realizes a youth in their life is being sexually exploited. This is what happened to Clementine, a teenage girl in Montreal who was exploited for a year before her parents noticed strange behaviour and worrisome scars on her body. Although she had wanted to leave many times, a trafficker’s threats to kill her family and dog made her stay.

So it’s not surprising that human trafficking is known as low risk with high reward among traffickers. It has generated about US$32 billion annually for perpetrators, and very few cases have been successfully prosecuted in Canada. In fact, according to Statistics Canada, less than 8% of perpetrators charged with human trafficking have been prosecuted.

Also, too much responsibility is put on the shoulders of people who have endured unimaginable things. Most survivors do not identify as victims as a result of manipulation and gaslighting. They can believe their trafficker cares for them. We owe them the necessary help and care. Instead, they must prove that they fear for their life on the stand, often only a few metres from their trafficker. Victims are usually the only evidence against traffickers. Without their testimony, the Crown has no case. Testimony shows that the fear-based model is the biggest issue when dealing with convictions and that the experience is more traumatizing than being forced to work in the sex trade. They must relive their nightmare during the preliminary hearing and then at full trial.

During the cross-examination, it is common for the defence lawyer to twist their words and call them a liar. We all remember a federal court judge in Alberta who asked a victim, during a sexual assault trial, “Why couldn’t you just keep your knees together?” This, as you can imagine, can lead to survivors recanting or simply dropping charges. According to the current Criminal Code, the offence rests more on a victim’s ability to perform on the witness stand rather than on what the perpetrator has done. Hence, human trafficking charges are often dropped, and traffickers are charged under related crimes such as prostitution-related offences, kidnapping, assault, sexual assault and sexual exploitation. This is not justice. This is certainly not a way to prevent, suppress and punish perpetrators of trafficking in persons.

Before I conclude, I must highlight the wonderful work done by MPs Carrie and Viersen to put an end to human trafficking in Canada. I would like to thank them both for their hard work on the original private member’s bill on human trafficking, which I now have the privilege of introducing in the Red Chamber.

Honourable senators, 22 years ago we agreed — along with 116 other nations — to prevent, suppress and punish trafficking in persons, especially women and children. Yet, the onus remains on the victims to prove fear. Colleagues, I ask you, how does a person prove fear?

This bill aims to remove one obstacle in the prosecution of human traffickers. With a simple modification to the Criminal Code, victims and survivors will finally be able to find greater justice and hopefully the safety they require to heal and rebuild their lives.

Honourable senators, by removing this barrier — the element of fear — we will finally be able to tackle bigger challenges in human trafficking in Canada. This is the first crucial step to putting an end to this horrible practice in our country. Thank you.

[Translation]

Hon. Kim Pate: Would you take another question?

Senator Ataullahjan: Yes.

Senator Pate: I was surprised to hear your answer to that question. Could you point me to the provision in Bill C-5 that actually decriminalizes kidnapping?

Senator Ataullahjan: Sorry, Senator Pate. I don’t have that answer for you; however, I can look it up and provide that for you.

Hon. Pierre-Hugues Boisvenu: Thank you, senator. I congratulate you on this very important bill.

In 2015, we adopted Bill C-452, introduced by Ms. Mourani in the other place, and sponsored by me here in the Senate. This bill cracked down on people involved in human trafficking and the sexual exploitation of minors. One of the clauses of this bill, proposing harsher sentences, was never implemented by Mr. Trudeau because he felt that this clause was inhumane for traffickers. Bill C-5, which we will one day study in this place, would decriminalize kidnapping. Doesn’t it seem as though this bill contradicts what the government has done to combat human trafficking?

[English]

Senator Ataullahjan: Thank you, senator, for your question. I agree, I remember that bill. I don’t know why the government would do what they have done. We need to stand up and make sure that people who inflict crimes or kidnap young women and subject them to sexual assault do get their due punishment.