Hon. Brian Francis, Chair of the Standing Senate Committee on Aboriginal Peoples, presented the following report:

Tuesday, March 29, 2022

The Standing Senate Committee on Aboriginal Peoples has the honour to present its

SECOND REPORT

Your committee, to which was referred Bill S-219, An Act respecting a National Ribbon Skirt Day, has, in obedience to the order of reference of Thursday, December 9, 2021, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

BRIAN FRANCIS

Chair

(For text of observations, see today’s Journals of the Senate, p. 390-1.)

Senator Saint-Germain: On the first part of your question with regard to the notice that requires one or two days hence, I think as a chamber we can decide that the emergency exists and waive it. Then we agree that it won’t be one day hence, but will be now.

I will now go to your third question, because there is a link. If only one senator refuses to grant leave, the senator has the onus to demonstrate why it is this way. When denial of leave is only for one or two days and there is no emergency, we can cope with that.

When you refer to back-to-work legislation, generally we know that the situations have evolved, the negotiations with the unions have not been conclusive and that we will need to study the bill in a kind of emergency situation, but that does not mean that we won’t vote on a bill in a timely manner, given we have enough time to organize our work and study this back-to-work legislation. It doesn’t come with a time allocation. Each time we did this — and I remember it has been the case three times since 2016 — we took the time needed to study these bills.

To return to your first question, the issue of one senator being able to deny leave comes with the responsibility of the senator to have a very good reason in doing so. I trust all my colleagues to be responsible to that end. Frankly, when we look at the best public interest, it is normally something that we have to do only exceptionally.

If we see some abuse of this, let’s refer it to our Rules Committee to try to find a different way to address this issue. Thank you.

Senator Saint-Germain: Senator, I agree that estimates and supply bills are complex bills. This year, especially, those two bills came late, but there is a benefit to the pre-studies that were made, as you know, by the members of the National Finance Committee.

A senator cannot be in a position to study, clause by clause, each and every bill. This is the role and the duty of the Senate committees, to go thoroughly through the bills and then to report to us and make their recommendations of amending or not.

As for supply bills, there is an important tradition to rely or to defer to the other place and to the government. As you know, on a finance bill, a supply bill, a government can be defeated, so there is a nuance there that is important.

In a nutshell, the Senate committees need time to do their work, but we must also consider that the membership of those committees are experts. They must advise us and, if so needed, recommend to us amendments that we need to carefully study as a chamber.

Senator Housakos: If the honourable senator will take another question, I will be very brief. I seem to get a sense, especially from Senator Miville-Dechêne, and I do know this, that some senators have been frustrated with the pace at which things move here.

The truth of the matter, though, if you will admit, Senator Saint-Germain — is that we choose to sit Tuesday to Thursday. This Parliament has a calendar schedule of Monday to Friday. Like the House of Commons, we can easily be sitting Monday to Friday.

Do you agree we could easily be sitting past the end of June to deliberate issues? It’s the choice of the leadership groups that we rise when we rise.

Again, going back to my point, I don’t think this is an issue that will be resolved by the Rules. The Rules are there to have this chamber sit as long or as little as we want. Thank God, in 2022, in Canada, it doesn’t take two days to come to Ottawa unless you’re coming by horse and buggy. The truth is if we wanted to sit intensely, we could.

Senator Saint-Germain: I think that the Rules Committee and the Selection Committee could have a look at it, and at the same time the site of MétéoMédia for us to benefit from the best times in the summer as well.

(On motion of Senator Wells, debate adjourned.)

On the Order:

Resuming debate on the motion of the Honourable Senator Deacon (Nova Scotia), seconded by the Honourable Senator Kutcher:

That the Senate adopt the following Environmental and Sustainability Policy Statement, to replace the 1993 Senate Environmental Policy, adopted by the Standing Committee on Internal Economy, Budgets and Administration:

The Senate of Canada is committed to reducing the Senate’s carbon footprint to net zero by 2030 and to implement sustainable practices in its operations. Achieving this goal requires a whole-of-organization approach which prioritizes reduction of outputs and utilizes standard-leading emission offsets. The road to net zero will include quantifiable regular reporting on progress towards target. These actions are to demonstrate leadership as an institution on climate action, to encourage accountability of federal institutions and to inform the legislative process.

The Senate is committed to achieving its objective through adherence to the following principles:

That the Standing Committee on Internal Economy, Budgets and Administration examine the feasibility of implementing programs to establish:

(a)an accountability framework and annual reporting cycle;

(b)the promotion of climate-friendly transportation policies and reduced travel;

(c)enhanced recycling and minimizing waste;

(d)a digital-first approach and reduction in printing;

(e)support from central agencies to allow the Senate to charge carbon offsets as part of operating a sustainable Senate; and

(f)a process for senators and their offices to propose environmental and sustainability recommendations; and

That the Standing Committee on Internal Economy, Budgets and Administration acquire any necessary goods and services to examine the feasibility or to implement these recommendations.

Hon. Percy Mockler, pursuant to notice of March 22, 2022, moved:

That the Standing Senate Committee on National Finance be authorized to study matters relating to federal estimates generally and other financial matters, as described in rule 12-7(5); and

That the committee submit its final report no later than April 14, 2024, and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

Hon. David M. Wells (Acting Deputy Leader of the Opposition): Honourable senators, I have the honour to table, in both official languages, the report of the Canada-Europe Parliamentary Association concerning the First Part of the 2022 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held by video conference, from January 24 to 28, 2022.

Senator Housakos: Government leader, the annual increase of the alcohol escalator tax is tied to the Consumer Price Index and, as Canadians are aware, the rate of inflation has gone through the roof over the past year. In February, inflation went up 5.7% year over year, and it stands at the highest rate in over 30 years in this country.

Grape growers, hop producers, grain farmers, vineyards, brewing companies, craft distillers, bars and restaurants and the entire tourism and hospitality industry have all struggled over the last two years, suffering during this existential crisis. How does increasing the alcohol escalator tax on April 1 help these people survive and remain competitive in these tough circumstances? How does it help Canadians who keep having to pay more and more to try to survive? Who does this help besides the high tax‑and-spend NDP-Liberal coalition?

Senator Cordy: Thank you, Senator Gold. I will quote another sentence or two from the response that I received:

The Government of Canada respects the sovereign right of other countries to decide their travel restrictions and border measures and will continue to monitor the situation and provide updated travel advice to Canadians.

We all acknowledge that every country has their responsibility and the right to make their own decisions. It’s easy to just tell Canadians to contact the country of destination, but Canadians look to their own government first to find that information. If I were travelling, I would go to the Government of Canada website before I would go to the website of the country to which I am travelling.

If the government is telling us that they have successfully negotiated with other countries, then they should be able to share this information with the public.

My question of you is, would you remind the government that travel information and vaccine requirements must be easy to understand for Canadians and the information must be easily accessible on the Canadian website?

Senator Gold: I will certainly do so. Thank you.

Hon. Percy E. Downe: Senator Gold, as you’re aware, a number of years ago, the Government of Canada implemented a policy of priority hiring in the federal public service for qualified medically released veterans. These are men and women who were injured during the course of their service in the Canadian Armed Forces and who, because of those injuries, could no longer remain in military service.

A problem arose with this program. Except for National Defence and Veterans Affairs, very few federal government departments were hiring these qualified veterans.

Veterans groups wanted to know if the situation was improving, and if more departments were hiring those qualified veterans so those veterans could continue to support themselves and their families. But the written question I submitted on their behalf has been on the Order Paper for over two years with no answer. Could Senator Gold advise when they might get an answer to their inquiry?

Hon. Marc Gold (Government Representative in the Senate): Thank you. At the risk of triggering another round of enthusiastic response, I will certainly inquire, senator, and endeavour to get you an answer as quickly as I can.

Senator Downe: Thank you very much for that, Senator Gold but, given that the government has said publicly, “information should be open by default,” what would you advise I tell these veteran groups about the government’s failure to disclose any information to a written question that has been on the Senate Order Paper since February 2020?

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. The Government of Canada is pleased to have reached this stage. For the benefit of those who have not followed the story of the F-35s closely, you forgot to mention that when the decision was made in 2010 by the minority government led by Stephen Harper, it was done without a call for tenders. Then there was a motion of non‑confidence in Parliament for that government’s lack of transparency on this issue, even following the election of a majority government; the project was dropped.

The Government of Canada brought in an open and transparent process, and a recommendation was made to pursue discussions with Lockheed Martin. I believe that today, we have an appropriate and transparent process for ensuring that our soldiers will have the necessary tools not only to protect our sovereignty here and in the North, but also to contribute to defending the interests of democratic countries around the world.

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

Senator Gold, my question is a follow-up to a previous question on whether Canada will continue to refuse the standing invitation to send observers to the first meeting of states parties to the Treaty on the Prohibition of Nuclear Weapons, the TPNW, that is being hosted by Austria in June of this year. Senator Gold, last week Canada’s ambassador to the UN in New York, Bob Rae, wrote about Putin’s war against Ukraine, noting that there is a:

. . . more critical veto, and that is the possession of the means of mass destruction by a limited number of countries that affects how things actually work in the “real world”.

He continues to say:

The end of nuclear hegemony created a deadlock more profound than a raise of the hand at the Security Council, and it is that fact that lies at the heart of the current challenge in how to deal with Russian President Vladimir Putin’s aggression.

Senator Gold, would you please follow up with the government and ask if Canada will join other NATO countries, including Norway, in sending observers to the Vienna first meeting of states parties to this treaty?

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate) moved second reading of Bill C-15, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022.

She said: Honourable senators, I have the pleasure of rising today to introduce the appropriation bill for the Supplementary Estimates (C).

I will share my thoughts when I speak to this bill at third reading.

[English]

In the meantime, I would like to thank the members of the National Finance Committee for their important work in reviewing the 2021-22 Supplementary Estimates (C).

[Translation]

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate) moved second reading of Bill C-16, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2023.

She said: Honourable senators, I have the pleasure of introducing Appropriation Bill No. 1, 2022-23, the government’s interim supply bill.

[English]

I will speak at length on this bill at third reading.

Hon. Salma Ataullahjan: Honourable senators, I rise today to speak as critic on Bill S-208, An Act respecting the Declaration on the Essential Role of Artists and Creative Expression in Canada. I would like to begin by commending Senator Bovey on introducing such a comprehensive and ambitious bill.

As some of you may know, I enjoy painting in my spare time. It’s a hobby that I cherish, as it is a creative outlet that brings me much-needed serenity in this very chaotic time.

In our current economy, with rising prices and Canadian families struggling to make ends meet, I cannot help but worry about Canadian creative minds. How can our artists flourish when it seems we have been merely surviving for the past two years? Senator Bovey’s office has met with over 600 artists across the country to better grasp their realities. Youth focus groups revealed that young Canadians do not see the arts as a viable future and have turned away from traditional means of funding their work.

Traditionally, artists often rely on gig work and grants to get by. This means that a classically trained violinist, for example, who has been honing their craft since the age of four with great sacrifices and completed a degree in music at a reputable university, would normally divide their time between performing with a local professional orchestra, teaching privately during the week, performing with their ensemble and performing at weddings on the weekend. That’s if they are lucky. The work-life balance is non-existent, to say the least, and many work a collection of minimum-wage jobs to make ends meet. They may also spend months applying for grants from the Canada Council for the Arts, but return on the time invested is never assured. Needless to say, many change career paths along the way.

Those who do not have the privilege of a formal education are often disregarded as the arts, like many other areas of our society, have their gatekeepers who seek to promote excellence. This reminds me of the struggle of naive artists — known for rejecting or lacking conventional expertise in the depiction of real objects — who may lack formal, acknowledged methods.

Today, creative minds have turned to social media to gain visibility and possibly funding from fans or sponsors. Some Canadian creators truly managed to shine online during the worst of the pandemic. This was the case of throat singer Shina Novalinga who uses TikTok to share parts of her life and Indigenous culture, such as throat singing duets with her mother, traditional hair braiding and food. Sadly, social platforms such as YouTube and TikTok may distribute and share users’ content without credit or compensation. I believe this is testament to the government failing Canadian artists.

Before the winter break, I spoke on the Afghan crisis and the disappearance of many forms of arts and culture. My heart still aches when I think of musicians who buried their instruments, artists who abandoned their work before fleeing the country, and the persecution that those who remain must endure, simply because they need to express the melodies that are the bedrock of their culture. The videos of the Taliban smashing musical instruments in front of the artists was very difficult to watch.

In Canada, we are fortunate to have freedom of speech, but our society is not built to cherish those who continued to make us laugh during the pandemic, dance in our kitchens or escape into another world when this one was too much to bear. Some workers in the performing arts sector are still scrambling after the last surge in cases caused by the Omicron variant. As Arden R. Ryshpan, the Executive Director of the Canadian Actors’ Equity Association, said:

Just when we thought we were seeing a light at the end of the tunnel, it turns out that the light is an oncoming train.

This has led to a talent drain in the arts, with many relying on part-time jobs or going back to school to retrain. At first glance, Bill S-208 may seem too ambitious or idealistic. But at its core, it simply requires the government to apply an art lens to its operations. We have already spoken on the importance of using Gender-based Analysis Plus to take a gender- and diversity-sensitive approach to our work. In fact, the Government of Canada committed to using GBA+ to advance gender equality in Canada in 1995, but lacks any legislation to enforce its active use in policy-making.

Unlike GBA+, Bill S-208 will make the application of an artistic lens to all legislation mandatory by putting the onus on the Minister of Heritage to develop an action plan to operationalize the declaration in order to recognize the essential role of arts to society, increase access to the arts and events, improve the ability to engage in the arts, improve the ability of artists to benefit from their work while freeing them from cultural appropriation, address disability barriers and encourage investments.

To do so, the Minister of Heritage will be called upon to consult with key stakeholders, including the Ministers of Labour, Crown-Indigenous Relations, Justice and Health, as well as with many other interested organizations and artists. The minister must also convene a conference with stakeholders and ministers in order to develop an action plan.

Bill S-208 is also about governmental accountability and transparency. At the end of each fiscal year, the minister must prepare a report that sets out the implementation of the action plan and the activities undertaken by the department to achieve the objectives of the declaration as set out in the bill. This will ensure a constant evolution of the action plan by identifying its progress and its weaknesses.

I believe Bill S-208 has merit: namely, by inviting ministers to work together, as the government is well known for working in silos. I look forward to the bill being studied at committee to better understand the broad scope assigned to the Minister of Heritage as well as the implementation of the bill.

The “Declaration on the Essential Role of Artists and Creative Expression in Canada” touches on specific issues that will undoubtedly require further study, such as cultural appropriation. I believe this may fast-track the implementation of Article 11 under UNDRIP, and I hope this protection will be awarded to all marginalized Canadian artists. Additionally, I have concerns regarding the constant consultation of artists, as they already face an undervaluation of their work and time. In fact, to this day some patrons continue to offer exposure rather than proper remuneration to emerging artists.

Honourable senators, while we may not all speak the same language, celebrate the same holidays or share similar experiences, the arts transcend these differences. I believe Bill S-208 is important to our collective future. Decisions we make today will affect how we rebuild our country coming out of the pandemic. Thank you.

(On motion of Senator Cormier, debate adjourned.)

[Translation]

On the Order:

Resuming debate on the motion of the Honourable Senator Ataullahjan, seconded by the Honourable Senator Boisvenu, for the second reading of Bill S-224, An Act to amend the Criminal Code (trafficking in persons).

Senator Simons: Thank you very much, Senator Kutcher. As a child of the Cold War, it seems strange to stand in the Senate of Canada and talk about Russian plots. It seems like something from a Cold War movie. I wouldn’t have thought that it was plausible until we saw the reporting in the United States about Russian actors manipulating Facebook to create mob mentalities, creating both fake Republican pages and fake Democrat pages and then setting the pages against each other.

So it’s incumbent upon us, first of all, as citizens — all of us, not just senators — to practise what I call “social media hygiene.” Don’t share something if you don’t know where it’s from or what it is. The more outrageous and anger-provoking the post, the less likely it is to be true.

I have sometimes seen people retweeting stuff they know is nonsense ironically or to call it out. Don’t do that because when you share things and interact with them, the algorithm doesn’t know you are “hate-sharing.” The algorithm just thinks, “Oh, people want to see that.” So be careful in how you use social media. We talk about safe sex. Well, practise safe tweeting.

It’s also incumbent upon us — in an age in which so many people get their information filtered through social media platforms — to think about what the correct responsibility of those platforms should be and what our responsibility should be as legislators to ensure that — not that we’re censoring debate — we’re providing some kind of filter for the information so that all of the lies do not get the algorithmic juice to rise to the top.

I think it’s fair to ask the major platforms, whether that’s Twitter, Facebook, YouTube or all the new ones that come along, what their protocols are to guard against malicious campaigns by foreign actors that are clearly designed to poison democratic debate in Western democracies.