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Decentralized Democracy

Senate Volume 153, Issue 17

44th Parl. 1st Sess.
February 10, 2022 02:00PM
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  • Feb/10/22 2:00:00 p.m.

Senator Dupuis: Would you agree to table in the Senate any legal analysis that may have been done by the Department of Justice regarding this constitutional resolution?

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Senator Dalphond: Thank you for clarifying, Government Representative. It’s reassuring to see that we’ll have the time to do our duty as representatives of our region as well as fulfill our primary role, which is to carefully examine the bills put before us. I believe that is all the more important when we’re talking about a constitutional amendment.

I am pleased to see that, if the members of a provincial legislative assembly make a unanimous request, Ottawa will act on it quickly, no questions asked. However, as a senator, I would like time to read the documents and ask questions about Saskatchewan’s proposal. Quebec and other provinces will be making proposals too, and I would like them all to receive equal treatment from the perspective of defending regional interests, but only once they’ve been subjected to careful review.

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Hon. Renée Dupuis: Senator Cormier, I have a question related to the one posed by Senator Mockler.

Do you think that the study of this type of bill could be shared by more than one Senate committee, for example, the Committee on Official Languages and perhaps the Legal Affairs Committee? Do you think it would it be possible to split the study of this bill, as we have done on other occasions?

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The Hon. the Speaker pro tempore: Senator Galvez, I must interrupt you. You will have 12 minutes remaining in the next sitting.

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The Hon. the Speaker pro tempore: Senator Cotter, we have three senators who would like to ask questions. Would you accept questions? You have barely two minutes.

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The Hon. the Speaker pro tempore: Senator Cotter, Senator Griffin and Senator Tannas wish to ask questions. Are you asking for five more minutes?

Senator Plett: No.

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Hon. Pierre J. Dalphond: I believe I have understood the responses from the Government Representative, and I have done some research on this topic since yesterday. I obtained a copy of the ruling from the trial division of the federal court, which is 306 pages long. I admit that I fell asleep while reading it last night, but not because it wasn’t interesting. On the contrary, it was fascinating to read about the early days of Confederation and the railway.

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Am I to understand from your comments today that you insist that the Senate adopt the motion without delay and without senators having the time to read the ruling, hear witnesses and check the documents that Senator Dupuis is referring to, some but not necessarily all of which are found in the schedule to the ruling?

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The Hon. the Speaker pro tempore: Senator McPhedran, I’m afraid your time has expired.

Senator McPhedran: I ask for some additional time, please.

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The Hon. the Speaker pro tempore: Senator Moncion, there appear to be two senators who wish to ask questions. Would you take some questions?

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Hon. Mobina S. B. Jaffer: Honourable senators, the United Nations has declared February 6 as the International Day of Zero Tolerance for Female Genital Mutilation.

I am truly disappointed to inform you that Canada’s record on prosecuting this horrific and excruciating practice is dismal. Although the Criminal Code was amended in 1997 to include female genital mutilation as a form of aggravated assault, to date there have been no prosecutions for female genital mutilation in Canada. Twenty-five years, no prosecutions.

Honourable senators, this is unacceptable, particularly given that the End FGM Canada Network under the leadership of Giselle Portenier, with whom I have been working closely, estimates that there are more than 100,000 survivors across Canada and thousands of girls remain at risk.

Girls like Serat who was born in Somalia, but grew up with her aunt in Ontario. When she was 13, she travelled with her aunt to Somalia to see her mother. Early one morning, three women burst into her home and grabbed her while she was sleeping. Serat started screaming and tried to run. The women caught her, pinned her down, spread her legs and subjected her to female genital mutilation. Serat passed out from blood loss and pain. When she recovered consciousness, her legs were tied together. When she returned to Canada a few months later, her aunt told her to accept what had happened and move on. How could she? Serat still talks about feeling ashamed and devastated. She did not reveal this terrible act that happened to her for over a decade.

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Who could she talk to when there remains a complete wall of silence, even in Canada, around FGM? Honourable senators, we need to break this wall. Our laws are clear. To make it illegal, remember that Canada has a clear law that would make genital mutilation a crime.

I stand before you, as I have many times on this issue, to say that if you are moved by Serat’s story, please act now. Please look out in your community for those vulnerable girls, and please remember that they are our girls. I ask you to support me to get the issue of FGM prosecuted in Canada. Thank you, senators.

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Hon. Marc Gold (Government Representative in the Senate): Thank you, senator, for the question. The government has made significant progress in advancing biodiversity and protecting our natural heritage. Indeed, the government has committed to protecting 25% of the land by 2025 and 30% by 2030 and, as you have noted, has committed to halt and reverse biodiversity loss by 2030, with full nature recovery by 2050.

With regard to, specifically, the Migratory Birds Regulations, I’m confident the minister will make a decision in a timely manner — one that both protects our environment and supports Canadian jobs.

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Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, my question again today is for the government leader in the Senate. Senator Gold, it is not only truckers who oppose restrictions that are no longer supported by science. Canada’s two main airlines, WestJet and Air Canada, have joined with Toronto Pearson International Airport to call for an end to the current mandatory PCR testing for fully vaccinated passengers upon arrival.

Canada is the only G7 country that continues to demand pre‑departure and on-arrival PCR testing. The CEO of WestJet, Harry Taylor, said recently, “. . . Canada remains stagnant in its approach and continues to make travel inaccessible and punitive for Canadians and inbound tourists.”

WestJet cut 20% of its flights in March, and Air Canada has reportedly cut over 40% of its flights next month.

Leader, when will the Trudeau government catch up to the rest of the G7 and present a path forward for airlines and Canada’s entire travel and tourism sector?

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Hon. Marc Gold (Government Representative in the Senate): I thank the honourable senator for his question and for highlighting the importance of our procurement program to better protect Canada and Canadians.

I will make inquiries with the government about a specific date and get back to you with an answer as soon as possible.

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Hon. Fabian Manning, for Senator Busson, pursuant to notice of December 14, 2021, moved:

That the Standing Senate Committee on Fisheries and Oceans be authorized to examine and report on the implementation of Indigenous rights-based fisheries across Canada, including the implementation of the rights of Mi’kmaq and Maliseet communities in Atlantic Canada to fish in pursuit of a moderate livelihood;

That the Committee study how Indigenous rights-based fisheries have been implemented by the federal government thus far, and that the Committee identify the most appropriate and effective ways to ensure the recognition and implementation of Indigenous rights-based fisheries going forward;

That the papers and evidence received and taken and work accomplished by the Standing Senate Committee on Fisheries and Oceans during the Second Session of the Forty-third Parliament as part of its study of issues relating to its mandate as set out in the relevant subsection of rule 12-7, be referred to the committee; and

That the Committee report to the Senate no later than December 31, 2022, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.

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