Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. The government is aware of this report and it greatly appreciates all the work that went into it. The government has planned many initiatives to reduce impacts on the environment, for example the impact of greenhouse gas emissions, so that we can continue to fight climate change.

[English]

Senator Smith: I’ll do this in English, so hopefully we can get a more complete answer. According to data from the Angus Reid Institute, climate change was the number-one issue for Canadians this past election as well as during the 2019 election.

The commissioner’s recently tabled Report 5: Lessons Learned from Canada’s Record on Climate Change provides a historical review of Canada’s commitments and actions with respect to reducing emissions and fighting climate change.

In the report, the commissioner quite bluntly, states:

Canada’s greenhouse gas emissions have increased since the Paris Agreement was signed, making it the worst performing of all G7 nations since the 2015 Conference of the Parties in Paris, France.

We’re not talking about a year or two: we’re talking 2015 to today. Senator Gold, given the importance of this issue for Canadians, and given the fact that Canadians expect action and results on this file, can you explain why this government is failing to reduce greenhouse gas emissions and why Canada is falling behind all G7 nations with respect to fighting climate change?

Senator Gold: The fight against climate change involves a concerted effort not only by the federal government but also by the provinces and territories, especially those that have exclusive jurisdiction over natural resources and the rates of production therefrom. It also involves the concerted effort of Canadians and political parties of all stripes.

The Government of Canada is very pleased that other political parties and Canadians recognize the importance of the fight against climate change. This government has taken steps and will continue to take steps, unprecedented in history — a suite of measures — to reduce the impact on our climate of human activity associated with industrial activity. It will continue to pursue that in the best interests of Canadians across the country.

Hon. Brent Cotter: Honourable senators, my question is for the Government Representative in the Senate. In light of the statements by Senators Bernard and Petitclerc earlier today, this seems an appropriate question to ask today. Bill C-35, the Canada disability benefit act, was tabled in the other place on June 22, 2021. Admittedly, this was far too late for it to be considered and passed before the election arrived, but it was certainly a signal to the disability community of our government’s commitment. The bill states, “. . . to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit . . . .”

The preamble sets out all the very good reasons why this is a critically important piece of legislation for people with disabilities and their families. Even some Government of Canada websites note the fact that as many as 6 million Canadians over the age of 15 suffer from a disability and that they are far more likely to live in poverty due to social and economic exclusion. Yet there was no reference in the Throne Speech to our government’s intentions in relation to this legislation and, with ministers’ mandates not yet public, there is no assurance that this continues to be a government priority.

Can you confirm that, having raised the expectations of 6 million Canadians and their families, a commitment to this legislation remains a government priority?

Hon. Marc Gold (Government Representative in the Senate): The short answer is “yes,” senator. Thank you for the question. Since 2015 the government has taken major steps toward building a disability-inclusive Canada. Budget 2021 built upon this by putting “Nothing Without Us” into action, investing in accessible communities, training and job creation, investing in students with disabilities and providing funds for inclusive child care. Moving forward, the government is committed to reintroducing the Canada disability benefit bill which will create a direct monthly payment for low-income Canadians with disabilities.

The government is committed to continuing to engage with Canadians with disabilities as it moves forward with the Disability Inclusion Action Plan, including modernizing its approach to disability across government and delivering an employment strategy for Canadians with disabilities.

Hon. Marie-Françoise Mégie: My question is for the Government Representative in the Senate.

Experts agree that all viruses mutate over time. Most mutations have little to no impact on the properties of the virus.

Concerning the Omicron variant, the WHO noted in its November 30 statement that global travel bans do not prevent the international spread of the virus and they place a heavy burden on lives and livelihoods.

Closing the borders can have an adverse effect on global health efforts during a pandemic, by dissuading countries from reporting and sharing epidemiological and sequencing data.

To date, the Omicron variant is the fifth variant “of concern” on the WHO list. It has been detected in several Canadian provinces.

Senator Gold, can you tell us what scientific evidence and which recommendations from the Public Health Agency of Canada led the government to impose entry restrictions on citizens from 10 African countries?

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. The emergence of the Omicron variant is worrisome, but the government is intervening swiftly by strengthening border controls. For example, the government is imposing stricter screening and entry requirements at the border, increasing monitoring of new variants and working with public health to better understand the epidemiological situation in Canada.

These public health measures are based on science and evidence provided to the government. I don’t have a detailed answer to your question about the scientific basis and specific Health Canada recommendations that led to the decision to block international flights. I’ll let you know as soon as possible once I get more information from the government.

Hon. Jane Cordy: Senator Gold, in July the 2021 national employment equity survey of women employees at Correctional Service Canada was released. The survey gathered feedback from women about their experiences at Corrections Canada, and this information should help to inform and build a representative and inclusive workforce. Over 2,500 employees responded to the survey: 79% reported that they felt comfortable disclosing incidents that compromised physical well-being to supervisors, and 76% agreed that they felt physically safe on the job.

However, only 61% of respondents agreed that their work environment represented a culture of zero tolerance to gender-based harassment and violence; 29% said that they were the victims of on-the-job, gender-based harassment or violence in the last five years. Senator Gold, unfortunately, the predominant source of this harassment was co-workers.

The Human Rights Committee visited many prisons across the country. In at least three prisons, we heard from employees who were sexually harassed by colleagues, and action taken by their superiors in many cases was little or none. We also heard from employees who were subjected to racism and, again, little was done. So they questioned whether they should quit their job or continue to fight for a safer working environment.

Senator Gold, has the government responded to the survey? I understand that the Commissioner of the Correctional Service of Canada committed to holding town hall discussions with Corrections Canada employees this fall. Do you know whether these discussions have taken place? If so, are you able to share with this chamber the results of these discussions? If not, could you perhaps share the results if and when you receive them?

Senator Cordy: Thank you for that, Senator Gold. In light of the work that the Human Rights Committee has done on human rights of prisoners, and in this case it’s human rights of prison employees, it would be very important for us, and particularly the Human Rights Committee, to know.

Senator Gold, I understand that in 2020 Corrections Canada launched their National Comprehensive Strategy on Workplace Wellness and Employee Wellbeing designed to identify risks and action plans with clear accountabilities and performance monitoring in order to track progress.

Sadly, the 2021 employee survey showed that there continues to be a perceived lack of action when it comes to Corrections Canada responding in a proactive and timely way and, unfortunately, also when it comes to disciplining the perpetrators. Almost 48% of respondents believe that support for victims is either absent or needs improvement, and only 42% believe that Corrections Canada provided a confidential and safe space to file complaints. What’s more discouraging is that less than half of respondents — 46% — were even aware of how to file a formal discrimination complaint.

So in light of the survey results, and in consideration of the national comprehensive strategy, what action will the government take to bridge these gaps? Again, you may have to bring that information to us at a later date. I would appreciate that. Thank you.

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate), pursuant to notice of December 1, 2021, moved:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, December 7, 2021, at 2 p.m.

Hon. Marc Gold (Government Representative in the Senate), pursuant to notice of December 1, 2021, moved:

That, notwithstanding any provision of the Rules, previous order or usual practice:

1.in accordance with rule 10-11(1), the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine the subject matter of all of Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code, introduced in the House of Commons on November 26, 2021, in advance of the said bill coming before the Senate, when and if the committee is formed;

2.in addition, the Standing Senate Committee on Legal and Constitutional Affairs be separately authorized to examine the subject matter of clauses 1 to 5 contained in Bill C-3 in advance of it coming before the Senate, when and if the committee is formed;

3.for the purpose of their studies, the aforementioned committees have the power to meet, even though the Senate may then be sitting or adjourned, with rules 12-18(1) and 12-18(2) being suspended in relation thereto;

4.subject to the following paragraph, as the reports from the committees authorized to examine the subject matter of all or of particular elements of Bill C-3 are tabled in the Senate, they be placed on the Orders of the Day for consideration later that day; and

5.each of the committees authorized to examine the subject matter of all or of particular elements of Bill C-3 be authorized to deposit its report with the Clerk of the Senate if the Senate is not then sitting, with the reports thus deposited being placed on the Orders of the Day for consideration at the next sitting after they are tabled.

He said: Honourable senators, I would like to speak briefly to government Motion No. 5, which authorizes a Senate pre-study on the subject matter of Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code, which was introduced in the other place on November 26, 2021.

[Translation]

This motion authorizes the Standing Senate Committee on Social Affairs, Science and Technology to study all of Bill C-3 and the Standing Senate Committee on Legal and Constitutional Affairs to specifically study clauses 1 to 5 of Bill C-3 pertaining to the provisions of the Criminal Code before receiving the bill from the other place.

[English]

As colleagues are well aware, we are still in the midst of a global pandemic. Stories are being published almost daily reporting on the strain to our health care system and the burnout affecting our health care providers. Canadians, too, are growing very weary. However, impatience and weariness do not and should not extend to the harassment and threats that are being levelled at some health care providers. Bill C-3 will make it an offence to intimidate or impede a person from obtaining health services or to intimidate or impede a health professional in the performance of their duties.

Dr. Katharine Smart, President of the Canadian Medical Association, noted in relation to this issue:

Existing legislative measures to prevent and respond to this behaviour are proving insufficient. The CMA is encouraged that protecting the safety of health care workers is a top legislative priority for the federal government and we urge them to move forward quickly on consideration of this bill. Legislative action is needed to avoid potential tragedies.

Furthermore, Bill C-3 would also amend the Canada Labour Code to provide 10 days of paid sick leave per year to workers in the federally regulated private sector.

[Translation]

Esteemed colleagues, this motion makes it possible for the committees mentioned to properly examine the subject matter of Bill C-3 before it comes before the Senate. I believe that in light of their respective expertise and mandates, these two committees are best able to give careful consideration to these important issues of public interest.

[English]

As mentioned, the provisions of Bill C-3 claim a practical level of urgency for study and reporting back to this chamber. We’ve already heard from a range of major stakeholders respecting health care professionals and workers in our country, including the Canadian Labour Congress, the Canadian Medical Association, the Canadian Nurses Association and Unifor, all of whom have expressed support for the provisions contained in Bill C-3.

This motion allows both committees all the leeway necessary to begin work as soon as possible, and to hear from many of those important stakeholders, including the responsible ministers. It grants the power for the committees to meet while the Senate is sitting or when the Senate is adjourned. It also allows for the reports of these committees to be deposited with the Clerk of the Senate if the Senate is not sitting.

[Translation]

Honourable senators, I believe that we all agree that the subject matter of Bill C-3 is important and urgent enough for the Senate, through its committees, to begin examining it. The two committees are authorized to establish their own schedule and to start their work as soon as they deem it appropriate.

[English]

The committees, once organized, would then have the authority to set meeting schedules and begin issuing witness invitations so that when we do receive Bill C-3, the important groundwork has been done.

Colleagues, this is what we do best — review, gather information, study and report. I ask that you pass this motion so that our committees might move forward as soon as feasible. Thank you.

Hon. Rosemary Moodie: Honourable senators, I am very pleased to rise this afternoon to speak to Bill S-210, An Act to restrict young persons’ online access to sexually explicit material.

Thank you to our colleague Senator Miville-Dechêne for proposing this new and improved version of the bill. Thank you for your commitment towards the well-being of our children and youth, and for your sincere desire to see every Canadian child’s right to a healthy and happy life respected.

In fact, this is where I will begin this evening, colleagues — on the topic of children’s rights — because we not only have a moral obligation to protect and care for our children, but as a signatory to the Convention on the Rights of the Child, we have an obligation to safeguard children’s rights to life, survival and development. Although it is often treated as aspirational, we have an obligation to the convention and to its full implementation in Canada.

In this respect, colleagues, we have a specific obligation to protect our children from online harms such as pornography. Indeed, as our colleague Senator Miville-Dechêne shared in her opening speech earlier this week, children and youth being repeatedly exposed to pornography is a public health issue, and the negative impacts are well understood.

A research publication by the Government of Australia — a country that we know as a leader in providing children with the protection to which they are entitled — reported that pornography use can lead to unsafe sexual practices, strengthen attitudes supportive of sexual violence and violence towards women, and negatively impact a young person’s image of themselves or distort their views on what healthy intimate relationships look like. In addition, the American Academy of Pediatrics adds that exposure to pornography can lead to increased rates of depression, anxiety and violent behaviour.

In this respect, some of the impacts of pornography are felt more acutely by some communities in Canada than by others. In this regard, I will draw from our colleague Senator McCallum, who has encouraged us to consider the specific impacts of legislation on Indigenous women.

A 2014 report by the Native Women’s Association of Canada speaks to how young people’s exposure to pornography can cause them to seek the kind of sex they view online and that this pursuit fuels the trafficking of vulnerable women for the sake of producing explicit content, especially of First Nations women. I know that my colleague Senator McCallum will speak more about this when she addresses this bill.

I want to note, colleagues, that part of the purpose of this legislation is not only to keep children away from negative content on the internet, but to work towards making the internet a safe place and a place where children can use all of its good aspects to learn, grow, and have a voice.

In March of this year, the United Nations Committee on the Rights of the Child issued general comment No. 25 on children’s rights in relation to the digital environment.

Paragraph 14 of general comment No. 25 says it well:

Opportunities provided by the digital environment play an increasingly crucial role in children’s development and may be vital for children’s life and survival, especially in situations of crisis. States parties should take all appropriate measures to protect children from risks to their right to life, survival and development. Risks relating to content, contact, conduct and contract encompass, among other things, violent and sexual content . . . .

Paragraph 15 goes on to say:

The use of digital devices should not be harmful . . . . States parties should pay specific attention to the effects of technology in the earliest years of life, when brain plasticity is maximal and the social environment, in particular relationships with parents and caregivers, is crucial to shaping children’s cognitive, emotional and social development. In the early years, precautions may be required, depending on the design, purpose and uses of technologies.

What this means, colleagues, is that there is not just a negative incentive, but also a positive one. Protecting children and youth from exposure to pornography will make the internet a safer place. So in a world where the internet is growing in size and complexity every day, this ought to be a priority for us parliamentarians.

In addition, the United Nations Committee on the Rights of the Child General Comment No. 25 clearly endorses the aim of this bill. Paragraph 24 states very clearly that parties should ensure that their laws and policies relating to children address the digital world and that countries should, and I quote again, “implement regulation, industry codes, design standards and action plans accordingly, all of which should be regularly evaluated and updated.”

Paragraph 54 says:

States parties should protect children from harmful and untrustworthy content and ensure that relevant businesses and other providers of digital content develop and implement guidelines to enable children to safely access diverse content, recognizing children’s rights to information and freedom of expression, while protecting them from such harmful material in accordance with their rights and evolving capacities.

Therefore, colleagues, if we are to take a rights-based approach to the question of children and youth exposure to explicit material online, the United Nations Committee on the Rights of the Child sets a clear expectation that countries that are serious, countries that are committed to respecting and protecting the rights of children, will have laws, regulations and other policies to this effect, that are designed to evolve and to change, which is appropriate for an ever-evolving digital environment.

Indeed, this is the kind of approach we should apply to all of our deliberations. It is a valuable and essential step for us to pause and to ask how this will impact kids in our community. How does this interact with the rights that we as a country have committed to protecting?

This is especially important because children do not have a federal accountability officer in Ottawa, as they do in many provinces and territories within Canada and in multiple countries around the world, such as the United Kingdom, Australia, New Zealand, France, Sweden and Poland. They do not have somebody solely dedicated to considering their rights, to amplifying their voices and to advocating for their priorities. Until they do, individually and collectively, we as parliamentarians must step up and fill this gap as well as we possibly can. So in this respect, Senator Miville-Dechêne’s bill is an important act of service and care towards children and youth.

Colleagues, thousands of children and youth in our country are exposed to pornography every day and are already dealing or will deal with some of its impacts on their young minds. We have not acted to protect them. This is why this bill matters. We have an opportunity to protect our children where we have long failed to do so, and to uphold their rights to life, survival and development.

As I conclude, I want to state my whole-hearted support for this bill. I hope it passes through our chamber very quickly so it can arrive at the other place and receive their concurrence. But I should suggest that this time our deliberations ought to look a bit different. This time, in some way, shape or form, we must invite substantive and meaningful feedback from Canadian children and youth on this bill, whether or not they support its intentions. Simply put, we can spend our time assuming what they want, or we can invite them to speak for themselves. I am confident this bill will only be strengthened by their voices.

I also hope that this bill is only the beginning of our discussions on the importance of safeguarding the rights and well-being of our children in a digital world.

There is much to do, not only in setting in place the right regulations but also in empowering parents as they look to protect their children and youth, and targeting online hate and misinformation in all of its forms.

I’ll conclude by reminding us that when we pause to think about our kids, we are doing something that is central to our role as legislators. We are thinking about our future, about our economic prospects, about our social well-being, national cohesion and global leadership, all of which are in their hands. By protecting their rights and seeking their well-being, we are setting Canada on track to become the strong, inclusive and beautiful society we aspire to be.

Meegwetch and thank you.

Senator Moodie: I will, thank you.

Senator Miville-Dechêne: First of all, I want to thank you for your speech. Thank you very much for your support and for this idea of consulting children. That’s a very interesting idea, but I want to ask you a question as a pediatrician.

All along, in my research, I have been told to be careful with the research. We don’t have correlation; we only have association between harms and exposure to porn. So it’s not what we call robust research, and on that basis, it’s very difficult to speak about harms scientifically.

I want to hear from you on that because I feel personally that a principle of precaution should be used because we are talking about children. Also, how can we have robust research if we do not put children in front of porn material? This would be obviously ethically unacceptable. So we are blocked in having very strong research on this particular harm. Thank you for trying to answer.

Hon. Rosa Galvez, pursuant to notice of November 24, 2021, moved:

That the Senate of Canada recognize that:

(a)climate change is an urgent crisis that requires an immediate and ambitious response;

(b)human activity is unequivocally warming the atmosphere, ocean and land at an unprecedented pace, and is provoking weather and climate extremes in every region across the globe, including in the Arctic, which is warming at more than twice the global rate;

(c)failure to address climate change is resulting in catastrophic consequences especially for Canadian youth, Indigenous Peoples and future generations; and

(d)climate change is negatively impacting the health and safety of Canadians, and the financial stability of Canada;

That the Senate declare that Canada is in a national climate emergency which requires that Canada uphold its international commitments with respect to climate change and increase its climate action in line with the Paris Agreement’s objective of holding global warming well below 2 degrees Celsius and pursuing efforts to keep global warming below 1.5 degrees Celsius; and

That the Senate commit to action on mitigation and adaptation in response to the climate emergency and that it consider this urgency for action while undertaking its parliamentary business.

She said: Honourable colleagues, I rise today in this Forty-fourth Parliament to address you in the hope that we as legislators can work together to respond to the urgent climate change crisis, which has now become pervasive in the lives of all Canadians.

Over the past two years, we have witnessed catastrophic events that are increasingly destructive to humanity and the entire planet. We were overwhelmed by the devastating forest fires in North America, Australia, North Africa and the Mediterranean, and by the torrential rains and flooding in Europe, the deadly heat waves in British Columbia and the record hurricane season in 2020.

In August, the Intergovernmental Panel on Climate Change published the first part of its sixth assessment report. The report on the most recent scientific data notes that climate change is unequivocally attributable to human activity, that the effects are felt in every region of the globe, and that the goal to limit the planet’s warming to 2 degrees Celsius will be out of reach if we do not immediately and massively reduce our greenhouse gas emissions.

United Nations Secretary-General António Guterres called the report a “code red” for humanity. In November, the whole world came together for COP26 in Glasgow to negotiate the terms of more ambitious climate action and greater investment in the fight against climate change. Many promises to take action and invest were made, but the outcome of those promises is uncertain even though it’s one minute to midnight and stabilizing the planet’s climate is of utmost importance.

[English]

In Canada, the consequences are dire and are felt across our whole nation. The average warming in meridional Canada is twice as high than the world average and three times as high in the Arctic. We are suffering major impacts in every facet of our lives.

Climate change affects the social and environmental determinants of health: clean air, safe drinking water, sufficient food and secure shelter. Climate change is already the single biggest health threat facing humanity.

For example, the warming climate causes the spread of infectious diseases, such as Lyme disease, where they have never been before; the number of days per year exceeding temperature threshold where heat-related deaths occur is increasing and associated costs will range from $3 billion to $4 billion per year by mid-century; and heat-related productivity losses are estimated to reach $14.9 billion by the end of the century.

Climate change is destroying basic and vital infrastructure. Canada’s infrastructure is not adapted nor resistant to the increasingly destructive climate. With an already massive infrastructure deficit that is estimated in the hundreds of billions of dollars, Canada cannot afford to add further risk and loss of infrastructure if we are to maintain our current quality of basic services. This is the crisis unfolding in B.C. and you know all about it. The destruction of basic infrastructure has left communities cut off from the rest of the country. It affects supply chains and businesses, with a major portion of Canadian exports depending on a few transport routes to the Pacific Coast, long-term and permanent disruptions from extreme weather will have a long-lasting negative impact on Canada’s GDP.

Every single province and territory has been hit by extreme weather events, causing unprecedented losses for Canadians. In 2020 alone, these catastrophic extreme events caused $2.4 billion in insured damage.

Over the last decade, the damage loss from extreme weather was twice as high as the previous 30 years, and the average cost of losses each year has risen to the equivalent of 5 to 6% of our annual GDP growth.

Climate change could cost Canada an estimated $20 billion to $43 billion per year by 2050 if the present trend is maintained. This year, the B.C. floods could surpass the Fort McMurray wildfires as Canada’s most expensive disaster.

Further, an increasingly volatile climate poses risks to Canada’s financial system and exposes it to multiple and overlapping vulnerabilities. The Canadian Institute for Climate Choices tells us that:

“. . . long-term transition risks are not fully reflected in market prices, tilting capital flows toward riskier emissions-intensive assets and away from low-carbon assets.”

Colleagues, market expectations are changing due to an acceleration in global policies and technological breakthroughs but also due to these infrastructure-destructive extreme weather events. It is causing massive repricing. Billions of dollars’ worth of emissions-intensive assets are becoming stranded. These losses are cascading throughout the entire financial system. Prominent global financial institutions and organizations are warning us. The Financial Stability Board, which reports to the G20, was among the first major international organizations to recognize the links between climate change and financial instability.

The warming climate is significantly challenging social and political stability worldwide. Here in Canada, our Canadian Armed Forces are feeling the strain of the increasing demand for disaster response. In the spring of 2019, more troops were deployed domestically to respond to climate disasters than they were deployed overseas.

Canadian agriculture is also suffering from the changing temperature and precipitation patterns. The summer of 2021 might have been the driest season ever experienced on the Prairies, provoking dramatic spikes in the price of wheat. The uncertainty in our agricultural systems will fuel significant food price inflation and food insecurity.

For Canada’s Indigenous peoples and racialized communities, climate change and environmental protection has been a priority and an emergency for decades already. Because of environmental racism, racialized communities have systematically borne a disproportionate weight of environmental impacts. Indigenous peoples have also been the target of polluting industries, resulting in the destruction of their lands.

Why make a climate emergency declaration, and why now?

Since 2016, 2,044 jurisdictions and governments in 37 countries, representing over 1 billion people, have declared a climate emergency, the latest one being the City of Calgary, which adopted its declaration two or three weeks ago under the leadership of the newly elected Mayor Jyoti Gondek. In Canada, 518 governments of all levels have made a climate emergency declaration, including the House of Commons, the National Assembly of Quebec and the Yukon Legislative Assembly.

[Translation]

It is time for the Senate to join those governments by declaring a national climate emergency. The environment and climate action have been priority issues for Canadians for years according to multiple surveys, which is not surprising given the climate emergencies being declared across the country.

According to Abacus Data, in 2019, 73% of Canadians claimed to have already felt the effects of climate change. Last month, two thirds of Canadians said they were frustrated by how slowly the federal government was taking climate action. Canadians have made their wishes clear, and lawmakers like us must listen and take action.

By passing this motion, the Senate will demonstrate the solidarity our fellow citizens expect and send a strong message to the House of Commons and the government that the Senate is finally ready to take on the challenge and will henceforth expect more ambitious and meaningful climate action.

[English]

To those who still hesitate to support this motion, I ask you — I beg you — to talk to your children and talk to your grandchildren, and ask them what they think about climate change.

My friends and colleagues, I believe we cannot but stand together collectively and support this motion because the science behind climate change is not a partisan issue. We are all impacted. The evidence collected by thousands of scientists from every country in the world is one of humanity’s most impressive collaborative works. The impacts being felt in Canada right now are real. They are not happening in the future; they are today. They are costly, they are destructive and they deserve to be addressed urgently for the sake of our health, safety and financial stability.

The way we should address climate change is subject to much debate and intense deliberation, not only in this chamber but everywhere, as it should be. That is the democratic process. Through this declaration, however, I am not asking that we all agree on how we will fight climate change but rather that we acknowledge the emergency of the situation, demonstrate solidarity with our fellow Canadians and commit to the constructive advancement of solutions in our parliamentary work.

We say that the Senate is the defender of the regions. All of our regions are hurting now. We owe Canadians the acknowledgment of this climate emergency and the impacts it has on their lives. That is the bare minimum. I hope that from this declaration, we can work together to find solutions and help Canadians in need.

Please stand with me. Thank you. Meegwetch.

Hon. Senators: Hear, hear.

[Translation]

Hon. Kim Pate: Honourable colleagues, I rise today in support of Bill S-213 and meaningful action on all, not only some, mandatory minimum penalties.

Thank you, Senator Jaffer, for generously taking the lead on this legislation to redress the injustices and inequities that mandatory minimum penalties both create and perpetuate.

Mandatory minimums violate Charter and human rights, in particular for Indigenous peoples, African-Canadians and other racialized people, for women, for those living with disabilities and those below the poverty line.

Where mandatory minimum penalties apply, judges cannot apply the sentencing principles that structure their discretion in determining fair and proportionate sentences. Notably, mandatory minimums interfere with judges’ obligations to consider alternatives to prison sentences, in particular as a means of redressing systemic racism and mass incarceration of Black and Indigenous peoples.

Government proposals to address mandatory minimum penalties have so far only focused on repealing a very small fraction of these penalties, as Senator Jaffer has ably pointed out. In particular, they have ignored the harshest mandatory minimums that too often cause the most egregious harms.

For Indigenous women who have experienced violence and abuse, Canada’s longest mandatory minimum penalty, the mandatory life sentence for murder, has resulted in countless miscarriages of justice.

These women’s stories underscore how important it is to take a comprehensive approach to all mandatory minimums taken in Bill S-213 and insisted on by the Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls, and the Parliamentary Black Caucus.

Too often, though, these women’s stories go unknown and untold.

Mandatory life sentences reinforce racism and misogyny in a criminal legal system that minimizes the safety concerns of Indigenous women, is unresponsive when they are at risk, blames and stigmatizes women for the violence they experience, therefore effectively deputizing them to protect themselves and then swoops in to hold them criminally responsible when they must protect themselves and/or their children.

Mandatory life sentences transfer discretion from judges to police and prosecutors. Behind closed doors, women are charged with crimes carrying inflexible, lifelong punishments that often leave judges unaware of or forced to ignore the context of the charges, much less the violence women have experienced.

Faced with an unthinkably long and harsh sentence, in a racist and misogynist system, women too often plead guilty to a lesser charge, even if they are not legally responsible. They forgo valid defences and waive their rights to fair trials.

What is at stake when we talk about mandatory life sentences? They ensnare, isolate and wrongfully label as dangerous mothers, daughters, sisters, aunties and grandmothers; they tear apart families and communities; they deepen the destruction caused by colonial policies of forced separation and institutionalization of Indigenous peoples.

Two First Nations sisters, “O” and “N,” have spent the better part of 30 years in prison serving mandatory life sentences. Like their siblings, parents and grandparents, they are residential school survivors. “O” was sexually abused at residential school and struggled with consequent substance use.

As teens, “O” and “N” were charged with the murder of a non-Indigenous residential school caretaker. He was known to offer young people a place to party, alcohol and money, usually with the expectation of sex. He made sexual advances toward “O” and “N” and offered them money when they refused. “O” felt ashamed but also angry and wanted to protect her younger sister. She was too ashamed to tell her lawyer these details.

The 14-year-old male cousin of “O” and “N” confessed to killing the man but said he was induced by police and the Crown, who were focused on holding “O” and “N” primarily responsible, to testify against his cousins.

The sisters were convicted of second-degree murder by an all-White jury in Saskatchewan. By choosing to lay charges that carried a mandatory life sentence, the Crown and police exercised significant decision-making power over the sentences the women received. The judge, usually responsible for considering whether a sentence is fair in light of a person’s individual circumstances, had no power in this regard.

One key reason no one considered, let alone properly contextualized, was the racist and misogynist violence that these two sisters had experienced. As well, no one challenged the gendered myths and stereotypes that resulted in them being seen as more culpable than their male cousin.

Each year, 40 to 50% of women sentenced to life in prison are Indigenous and 91% of them have histories of physical and sexual abuse.

“S” is another residential school survivor of horrendous physical, sexual and psychological abuse. She turned to drugs to anaesthetize herself due to the trauma she experienced and was first jailed as an accomplice to an abusive partner’s drug dealing.

While in prison, “S” pleaded guilty to a murder that correctional staff and prisoners alike are adamant was actually a suicide. The woman who died was like a sister to “S.” She lived with disabling health issues, and prison staff left her to rely on other prisoners for such necessities as cleaning, dressing and feeding herself.

The inquest into her death concluded that the cause of death was unknown; yet “S,” who felt responsible, confessed nearly four years later while suffering severe psychological stress in segregation. Her guilty plea was accepted, despite inconsistencies with the records of the death and despite being based on her feelings of intense guilt and personal responsibility, not her legal responsibility.

Like so many others, “S” was hyper-responsibilized — trained to say sorry and to feel responsible for everything, including things she had not done, or played only a negligible role in — by the misogyny and racism in society and the criminal legal system.

Her hyper-responsibilization meant that the criminal legal system did not spend time determining the true circumstances surrounding an Indigenous woman prisoner’s death, yet sprang rashly into action to ensure that another Indigenous woman would spend the rest of her life serving a mandatory life sentence.

Like “S,” “Y” is an Indigenous survivor of sexual abuse. She was charged alongside several others with killing a man believed to be abusing children in their Alberta community.

Though “Y” played a limited role in the man’s death, police and Crown prosecutors focused on her. As the mother of one of the children believed to have been victimized, and a sexual abuse survivor herself, they suggested, in the absence of any other evidence, that she could have a stronger motive and should therefore be held more responsible than the other accused, including her child’s father.

The motherhood and the history of abuse of “Y” was not considered, although it was used against her to suggest she had a motive.

“Y” was the only person tried for first-degree murder. Because of the resulting mandatory life sentence and 25-year parole ineligibility, she received by far the harshest penalty among equally, if not more, culpable perpetrators.

Indigenous women face numerous barriers when seeking to explain how colonialism, marginalization, and histories of abuse or violence that precede their attempts to protect themselves have shaped their criminalization. Too many are never able to do so, due to shame, stigma and systemic discrimination. Too many more are not believed if they manage to speak.

The mandatory life sentence prevents consideration of these factors during sentencing. Women end up convicted of murder in situations where they were reacting to violence or were induced to act or take responsibility for the actions of another who might also have victimized them and/or be their co-accused.

“C” is also an Indigenous woman, abandoned to the streets as a youth. She received a mandatory life sentence for second-degree murder of a woman involved in procuring her to exploit, including by creating videos and photos of her sexual assaults. “C” reacted with force to try and protect herself. She had a history of childhood trauma and victimization but was too afraid to discuss this history with her male lawyers.

The threat of a life sentence also incentivizes many women to plead guilty to lesser charges rather than raise the context of their attempts to defend themselves or others.

In 1996, the Department of Justice Self-Defence Review examined the cases of 98 women convicted of using lethal force while protecting themselves or their children from abusers. Most women pleaded guilty to manslaughter or even to second-degree murder, despite having a potentially valid claim of self-defence.

Facing a mandatory life sentence with no chance of parole for 25 years, many women accept plea bargains, particularly given the limited financial resources, a legal system that failed to protect them from violence and the prospect of putting their children through the harrowing process of testifying on their behalf in criminal court. In a system that too often fails to believe women, if there are any witnesses, they are likely their children.

Within the prison system, the fact that a woman has received a life sentence is used by authorities to characterize her as dangerous in ways that further obscure her history of marginalization and victimization, not to mention her vital need for health, cultural and community supports. Wrongly labelled as violent because of her mandatory life sentence, “S” spent decades in isolation and suffered psychological damage from which she may never recover.

Another Indigenous woman, “SN,” transferred from the youth to the adult system and has now spent more than three decades in prison serving a mandatory life sentence, mostly in conditions of brutal segregation. This prolonged isolation has caused her mental health to seriously deteriorate.

For all these Indigenous women and more, life sentences remain lifelong burdens. Even on parole, they live under surveillance and isolating parole conditions, such as prohibitions on travelling to see family or on entering into friendships, employment or other relationships. Women end up reincarcerated not because they reoffend but because, even for minor administrative breaches, they can be returned to prison for years on end.

If you close your eyes and picture those who represent the greatest threat to the public, particularly public safety in Canada, do you picture an undereducated, underemployed Indigenous mother struggling in poverty and with past trauma? A survivor of residential school and the forced removal from families of origin by the child welfare system? Someone struggling to care for and protect her kids and living in fear of an abusive partner? Because mandatory minimum penalties are inflexible and because they incentivize guilty pleas to lesser crimes, these women are the ones who are overrepresented among those serving Canada’s harshest sentences.

People who support mandatory minimum penalties usually indicate that they do so because they want to reduce crime and make everyone safer. I know no one, of any ideological or political stripe, who does not share this goal.

After decades of clinging to the empty promise of mandatory minimum penalties, it is our duty as representatives of those most marginalized, in the name of justice and equality, to make clear that the emperor has no clothes. Mandatory minimum penalties do not deliver. They are brutal for those who are most marginalized and victimized. They don’t stop crime. They represent yet another failure of the criminal legal system to protect and do justice for racialized people, in particular women with lived experiences of violence. They require us to pay from $200,000 to $600,000 and more per person per year to jail these women.

Bill S-213 is a step toward redressing the racism and colonialism that has been allowed to persist within the legal system and that harms us all by making Canada less equal and less just. With this bill, we can do better. Meegwetch. Thank you.

(On motion of Senator Martin, debate adjourned.)

On the Order:

Resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Duncan, for the second reading of Bill S-216, An Act to amend the Income Tax Act (use of resources of a registered charity).

Hon. Ratna Omidvar: Honourable senators, I concluded my remarks yesterday, and brought them in just before 4 o’clock. But I understand that Senator Lankin has a question, and I’m more than happy to answer it or other questions.

Senator Omidvar: Thank you, Senator Lankin. I appreciate the question because I know of your long experience in the charity sector. You led the United Way in my wonderful city and led it ably for many years, so you come from a point of experience and concern. I’m grateful for your question.

On the terminology, “expenditure responsibility” in the U.S. versus “resource accountability,” in this proposal, I have been advised by Canada’s top charity lawyers, who advised me that the term “resource accountability” is more appropriate for the Canadian context.

Now, this is a private member’s bill, so if and when it is passed — and I certainly hope it is passed, honourable senators, with your support — one of the processes that will follow will be consultations by the CRA on how far we go with resource accountability. Is it just money? Is it more than money?

While I hope it’s a more fulsome expression of what we mean, it is at the same time a strong underlying expression of accountability, whether it is limited to money or whether it expands to technology, space, staff, et cetera. I hope that answers your question.

(On motion of Senator Dalphond, for Senator Mercer, debate adjourned.)

On the Order:

Resuming debate on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Patterson:

That the Senate note that, by adopting the Journey to Freedom Day Act on April 23, 2015, and taking into account the first two elements of the preamble of the said Act, the Parliament of Canada unequivocally recognized violations of:

(a)the Agreement on Ending the War and Restoring Peace in Viet-Nam and its protocols (Paris Peace Accords); and

(b)the Act of the International Conference on Viet-Nam; and

That the Senate urge the Government of Canada to call upon six or more of the current parties to the Act of the International Conference on Viet-Nam, which include Canada, France, Hungary, Indonesia, Poland, Russia, the United Kingdom and the United States of America, amongst others, to agree to the reconvention of the International Conference on Viet-Nam pursuant to Article 7(b) of the Act of the International Conference on Viet-Nam in order to settle disputes between the signatory parties due to the violations of the terms of the Paris Peace Accords and the Act of the International Conference on Viet-Nam.