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Decentralized Democracy

Senate Volume 153, Issue 8

44th Parl. 1st Sess.
December 7, 2021 02:00PM
  • Dec/7/21 2:00:00 p.m.

On the Order:

Resuming debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Bellemare, for the second reading of Bill S-2, An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts.

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Hon. Leo Housakos (Acting Leader of the Opposition): Honourable senators, I rise on Bill S-2, An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts.

Colleagues, I will be brief. At the end of the day, when I look at legislation like this, for example, which is an exact piece of legislation we dealt with in the previous Parliament, nothing has changed. We had a Committee of the Whole that addressed this issue.

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Hon. Patricia Bovey: Honourable senators, I speak from the unceded territory of the Algonquin and Anishinaabe.

[Translation]

Thank you for the opportunity to talk about my candidacy for the position of Speaker pro tempore of the Senate. My regards to my colleague, Senator Ringuette.

In this place, we debate, discuss and make decisions about all kinds of issues, concerns and rights. A respectful environment conducive to balancing multiple perspectives and points of view is crucial to that process.

The Speaker pro tempore is responsible for ensuring that sense of respect and fairness in the deliberations of this house while always protecting and promoting the fundamental equality of all senators.

Collaboration among us, among all our groups, is also essential to a functional modern Senate.

[English]

You know that my interests, like our debates, are multidimensional. They are not only about arts and culture, but include the important voices of all Canadians garnered from my travels to every part of this country. They embrace the interconnected concerns of the Arctic, reconciliation, Black Lives Matter and the economic, living and health concerns of all residents of Canada.

As most of you know, I acted as pro tempore for two years. I have sponsored both government and Senate public bills, and through my work as deputy chair and a steering committee member of a number of committees, you have seen my understanding of this chamber’s roles, rules and procedures.

Embodying and following the Rules as I do and have done, defending them as pro tempore in the Senate with fairness, integrity and impartiality, building trust is paramount. Those principles comprise my mantra for this office and for all my Senate responsibilities.

These five years with you as a member of this chamber, honouring its roles on behalf of all Canadians, have been impactful. It would be a privilege to serve the Senate as Speaker pro tempore, and the role would draw from all my Senate experiences and my pre-Senate, five-decade career of cultural and educational leadership and policy development in British Columbia, Manitoba, throughout Western Canada and from serving national institutions — those in Quebec and our country internationally.

[Translation]

I promise to serve with diligence and dignity, engagement and substance.

Thank you, meegwetch.

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Hon. Pierrette Ringuette: Honourable senators, I rise today to seek your support in my bid to become Speaker pro tempore for this first session of our Forty-fourth Parliament.

As I indicated to you last week, I am interested in guiding our deliberations, when our Speaker is absent, and sharing my experience, skills and knowledge with you.

[English]

This week marks my nineteenth year as a senator, and I have white hair to show it. Of course, during all those years, I have witnessed and participated in vigorous debates leading to votes. I have always done so with respect for senators expressing different perspectives which, I believe, enrich us all.

Our world, our country and the Senate of Canada have had to adjust to the reality of COVID-19 in early 2020. Our hybrid sittings, including Committees of the Whole, enabled us to fulfill our mandate, and I was honoured to serve as Speaker pro tempore to ensure robust and respectful debates. To do so, one certainly needs to know the Rules, the required decorum and many more subtleties that a seasoned parliamentarian ascertains so that our deliberations are respectful, fair and impartial.

Honourable senators, this is the seasoned perspective I am able to offer as Speaker pro tempore.

[Translation]

Honourable senators, in addition to my 19 years in the Senate, my personal experience as Deputy Speaker of the New Brunswick Legislative Assembly and as Assistant Deputy Speaker in the House of Commons taught me to treat everyone with respect, fairness and impartiality.

The success of our efforts also depends on the ability of the Chair to oversee our sometimes contentious debates. Each of us brings our own values and ideals to the Senate, which enriches our work. However, we all share the same goal of maintaining rigour and reinvigorating the Senate of Canada for the well-being of Canadians.

[English]

Honourable senators, I was honoured to serve as your Speaker pro tempore following our first process, and I welcome this second election process for our Speaker pro tempore. It is another step in our journey to modernize the Senate and signals that this is not a static institution.

In my perspective, everyone wins in a democratic process — those that vote and those that put their name forward. I want to thank Senator Bovey for being a candidate and, as always, I wish her well.

[Translation]

I hope I can count on your support. Thank you.

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Hon. Leo Housakos (Acting Leader of the Opposition): Honourable senators, “Superfan” is the name coined by NBA great and then-General Manager of the Toronto Raptors Isiah Thomas in recognition of the one and only Nav Bhatia, perhaps the most well-known fan of any professional sport. The day-one Raptors fan has been riding a high ever since he saw his beloved basketball team bring the NBA championship home to “We the North” a couple of years ago. He was the first non-player ever to receive a player championship ring; that’s how much he means to the Toronto Raptors. And he has now made it into the Naismith Memorial Basketball Hall of Fame; that’s how much he means to the NBA.

Now Nav’s story is being turned into a Hollywood film starring and produced by Kal Penn. It promises to be a story about tenacity and perseverance — the team’s, but more importantly, Nav’s story. I had the pleasure of speaking personally with Nav a few years ago when my son was buying his first car. He is as genuine, enthusiastic and pleasant as ever.

Nav came to this country seeking refuge from the dangers he, as a Sikh man, faced in his native India. He had trouble finding work in his field of engineering. Nobody wanted to hire a guy with a turban and an accent. He eventually found work as a car salesman, but quickly realized that he would face the same discrimination by many of his work colleagues. He knew he’d have to work twice as hard if he was going to make it. It’s a familiar story amongst immigrants.

Nav could have done what so many immigrants did at the time. He could have anglicized his name, cut his hair and not worn the turban. But he had promised his dear mother many years before that was one thing he would never do. So he did what he does best; he approached his job and his co-workers with his trademark charm and upbeat personality, and he established a sales record that stands to this day.

Nav went on to become manager of that dealership and eventually purchased it. It’s one of three car dealerships that he now owns. There’s so much more I can tell you about this incredible man and how he has become an ambassador for a basketball team, a city and now a whole country — but I wouldn’t want to spoil the movie. I just wanted to take an opportunity to give superfan Nav Bhatia a tip of the hat for his courage, his perseverance and his unwavering dedication to being a positive role model for so many young Canadians, a great Raptor and a great Canadian. Thank you, honourable senators.

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Hon. Kim Pate: Honourable senators, like a shooting star, Cherry Kingsley blazed bright, but last week left us too soon and wanting more. We met in 1988. Within minutes of meeting her, I offered her what she described as her first “straight job,” and so she became the founding member of the Alberta Youth In Care and Custody Network and the driving force behind the Youth Advocate in ’88 conference.

When her housing fell through, she moved in and so joined our family, later adding her beloved son Dakota to our circle. When Cherry was 11, she and her sister fled their home to escape abuse by her stepfather. Indigenous girls, they were both taken into care and at once abandoned to the streets. Like too many, she was used, abused and traumatized by many and trafficked between Calgary and Vancouver. She challenged us to recognize the misogyny, racism and class bias of ordinary men — fathers, husbands, grandfathers, uncles and brothers — particularly men in significant positions of privilege who objectified, dehumanized, degraded, used and abused children and young women. She challenged police officers, social workers, politicians and the UN to uphold the rights of women and children.

Cherry was brilliant, articulate, courageous, generous and caring, and used her experiences to open the eyes and minds of many. She demanded we all recognize that children were trafficked and exploited in the sex trade and were not willing participants. Thanks to her, international human rights bodies changed their language and eliminated the term “child prostitute” from all lexicons.

In 1996, Cherry and Senator Pearson attended the first World Congress against Commercial Sexual Exploitation of Children. In 1998, they co-chaired Out From the Shadows, an international summit of sexually exploited youth. They presented the results and an agenda for action to the United Nations. The same year, Cherry co-authored the Sacred Lives report with future B.C. MLA Minister Melanie Mark.

She also found common cause with former senator Roméo Dallaire and former Minister Ethel Dorothy Blondin-Andrew, who nominated Cherry for a Governor General’s Award in Commemoration of the Persons Case in 2000. When asked by security staff here on the Hill what the medal was for — quicker than lightning — she quipped “Hurdles!”

I am so grateful to have known and loved Cherry. I miss her in more ways than I can describe. Thank you.

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Hon. Senators: Hear, hear.

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Hon. Pat Duncan: Honourable senators, I rise today from the traditional territory of the Kwanlin Dün First Nation and the Ta’an Kwäch’än Council to give thanks on behalf of Yukoners and Canadians for the lifetime of public service by Jack Cable.

Jack was born on August 17, 1934, the date of the discovery of gold in the Yukon. Jack earned a bachelor’s degree in chemical engineering at the University of Toronto, a master’s degree in business administration from McMaster University and a law degree from Western University. Called to both the Ontario and Yukon bar, he moved his family to the Yukon in 1970, practising with others and founding a well-recognized, distinguished law firm.

Jack served as president of Yukon Energy, the Yukon Development Corporation, a director of the Northern Canada Power Commission, or NCPC, president of the Whitehorse and Yukon chambers of commerce and director of the Yukon Science Institute. He helped found the Recycle Organics Together Society, or ROTS, and the Boreal Alternate Energy Centre. The list of Jack’s involvements goes on and on.

Honourable senators, Jack Cable was Sue Edelman’s dad — my sister Girl Guide, fellow swim club mom and colleague in the Yukon Legislative Assembly. My most vivid memories of Jack, however, are serving with Jack and Sue as my colleagues in the Yukon Legislative Assembly, a father-daughter team elected to the Yukon legislature.

Jack, Sue and I served as three members of the Third Party in the Yukon Legislative Assembly. Three members of the Yukon Party, all men, were designated as the official opposition in that session, despite Jack’s very well-reasoned argument presented to the Speaker and the clerk.

Sue and I, as new MLAs, learned a great deal from Jack. Our preparations for Question Period are one of my very fond memories. Sue and I would leave our meeting thinking our questions were well prepared. Dear Jack would most often return from a perhaps coincidental encounter in the hallways with one of the members of the Yukon Party.

After these coincidental encounters, the well-crafted questions by Sue and I would often be redeveloped or fine-tuned with advice that Jack had gained from new information from these coincidental encounters. Jack would say, “We are ad idem on this, are we not?”

Jack served as the member for Riverside from 1992 until 2000. Upon his retirement from elected office, he served as the Commissioner of Yukon, the territory’s equivalent to a lieutenant-governor, until 2005, whereupon he retired to farm root crops and Christmas trees. Proceeds from the sale of the Christmas trees benefited the Braeburn Lake summer camp.

Jack gifts to the Yukon were environmentally sound and powerful. He was also a mentor — training, guiding, cajoling and leading more than one politician in our territory.

Whether you are conversing in Latin ad idem — of the same mind — or not, there is agreement. The legacy of Jack Cable lives on in his tremendous contributions to the people of the Yukon. We honour him and thank his extended family and friends and his wife, Faye, for sharing his leadership and commitment and, most especially, Jack for leaving our Yukon, and Canada, a better place.

Thank you, mahsi’cho.

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Hon. Marc Gold (Government Representative in the Senate): Honourable senators, I give notice that, at the next sitting of the Senate, I will move:

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

1.the Senate resolve itself into a Committee of the Whole at 4:00 p.m. on Thursday, December 9, 2021, to consider the subject matter of Bill S-2, An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts, with any proceedings then before the Senate being interrupted until the end of Committee of the Whole;

2.if the bells are ringing for a vote at the time the committee is to meet, they be interrupted for the Committee of the Whole at that time, and resume once the committee has completed its work for the balance of any time remaining;

3.the Committee of the Whole on the subject matter of Bill S-2 receive the Honourable Mark Holland, P.C., M.P., Leader of the Government in the House of Commons, accompanied by no more than three officials;

4. the Committee of the Whole on the subject matter of Bill S-2 rise no later than 65 minutes after it begins;

5.the witness’ introductory remarks last a maximum total of five minutes; and

6.if a senator does not use the entire period of 10 minutes for debate provided under rule 12-32(3)(d), including the responses of the witnesses, that senator may yield the balance of time to another senator.

[English]

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Hon. Marc Gold (Government Representative in the Senate): The government remains committed to making sure that our infrastructure and networks are kept safe and secure and do not compromise our national security. The examination of the existing technologies, 5G technologies and the associated security considerations remain ongoing. The Government of Canada is working with Public Safety Canada; the Communications Security Establishment; the Department of National Defence; the Canadian Security Intelligence Service; Global Affairs; and Innovation, Science and Economic Development Canada together on this important issue. It also includes the important advice we receive from our allies.

I note and am advised that the Prime Minister has indicated a decision on Huawei is expected within the coming weeks.

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Hon. Marc Gold (Government Representative in the Senate): Honourable senator, thank you for your question. The largest and the most difficult hurdle in getting people out of Afghanistan remains, regrettably, the lack of safe, secure and reliable routes out of the country — a country controlled by the Taliban. Furthermore, countries in the surrounding region have established their own entry and exit requirements, and these have frequently changed since the end of the evacuation. Despite these difficulties, the government continues to work closely with international and regional partners to expand these operations. It has been expanding its partnership with the Manmeet Singh Bhullar Foundation in an effort to resettle those hundreds of persecuted Afghan Sikhs and Hindus. With regard to Sikh resettlement efforts in particular, I will have to report back to the chamber when I have more specific details.

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Senator Housakos: Senator Gold, let’s hope this holds true, because we have been waiting for years and now hear that we will have the decision in the coming weeks. Of course, Senator Gold, Bell and Telus are two of the biggest telecom companies in Canada. Bell had an operating revenue of $22.8 billion in 2020, and Telus reported $15.5 billion. We are all well aware that Canadians continue to pay some of the most extraordinary, out-of-this-world, highest fees when it comes to wireless service.

Senator Gold, was there anything promised to these telecom companies that led them to believe that it was a wise decision to go ahead with Huawei equipment, and will your government commit today to safeguarding taxpayers’ money and deny any requests for compensation from telecom companies for removing their Huawei equipment?

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Senator Boisvenu: The Ombudsman for the Department of National Defence and the Canadian Armed Forces recently requested that he no longer report to the Minister of National Defence in order to ensure independence in dealing with the complaints he receives. The Office of the Correctional Investigator also reports to Parliament, and therefore to the Minister of Public Safety, in order to maintain its independence. However, the Office of the Federal Ombudsman for Victims of Crime reports to the Minister of Justice and depends on that minister’s goodwill to continue operating.

Senator Gold, will the government ensure that the two positions — the Federal Ombudsman for Victims of Crime and the Ombudsman for the Department of National Defence and the Canadian Armed Forces — are put on an equal footing, by having the Office of the Federal Ombudsman for Victims of Crime report to the House of Commons rather than the Minister of Justice?

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Hon. Stan Kutcher: Honourable senators, my question is for the Government Representative in the Senate. Senator Gold, we are now about two years into the pandemic, and we continue to struggle with the rapid sharing of metadata amongst provinces, territories and the federal government. While some good progress has been made — for example, the variants of concern leadership table struck by the Deputy Minister of Health — we are not where we need to be to mount a national data-founded response to this pandemic. Could you please tell us what additional measures are being considered by the federal government to improve this situation?

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

That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008, c. 20, the Senate resolve that the Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:

1.Parliamentary Employment and Staff Relations Act, R.S., c. 33(2nd Supp.):

-Part II;

2.Contraventions Act, S.C. 1992, c. 47:

-paragraph 8(1)(d), sections 9, 10 and 12 to 16, subsections 17(1) to (3), sections 18 and 19, subsection 21(1) and sections 22, 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 (in respect of the following sections of the schedule: 2.1, 2.2, 3, 4, 5, 7, 7.1, 9, 10, 11, 12, 14 and 16) and 85;

3.Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;

4.Public Sector Pension Investment Board Act, S.C. 1999, c. 34:

-sections 155, 157, 158 and 160, subsections 161(1) and (4) and section 168;

5.Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:

-subsections 107(1) and (3) and section 109;

6.Yukon Act, S.C. 2002, c. 7:

-sections 70 to 75 and 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233 and 283;

7.An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, S.C. 2003, c. 26:

-sections 4 and 5, subsection 13(3), section 21, subsections 26(1) to (3) and sections 30, 32, 34, 36 (with respect to section 81 of the Canadian Forces Superannuation Act), 42 and 43;

8. Budget Implementation Act, 2005, S.C. 2005, c. 30:

-Part 18 other than section 125;

9.An Act to amend certain Acts in relation to financial institutions, S.C. 2005, c. 54:

-subsection 27(2), section 102, subsections 239(2), 322(2) and 392(2);

10.An Act to amend the law governing financial institutions and to provide for related and consequential matters, S.C. 2007, c. 6:

-section 28;

11.Budget Implementation Act, 2008, S.C. 2008, c. 28:

-sections 150 and 162;

12.Budget Implementation Act, 2009, S.C. 2009, c. 2:

-sections 394, 399 and 401 to 404;

13.An Act to amend the Transportation of Dangerous Goods Act, 1992, S.C. 2009, c. 9:

-section 5;

14.Payment Card Networks Act, S.C. 2010, c. 12, s. 1834:

-sections 6 and 7; and

15.An Act to promote the Efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, 2010, c. 23:

-sections 47 to 51 and 55, 68, subsection 89(2) and section 90.

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Hon. Dennis Dawson: Honourable senators, I have the honour to table, in both official languages, the report of the Assemblée parlementaire de la Francophonie concerning the Parliamentary Conference on the Sahel, held in New York, New York, United States, from November 14 to 15, 2019.

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Hon. Gwen Boniface introduced Bill S-232, An Act respecting the development of a national strategy for the decriminalization of illegal substances, to amend the Controlled Drugs and Substances Act and to make consequential amendments to other Acts.

(Bill read first time.)

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Hon. Leo Housakos (Acting Leader of the Opposition): Honourable senators, my question is for the government leader in the Senate, Senator Gold. This is in relation to the ongoing review that the Trudeau government is conducting with regard to Huawei’s participation in Canada’s 5G network, particularly due to the fact that the government has been promising a decision as far back as September 2019. Actually, at the time, they promised they would give a decision before the 2019 election, and now two elections have come and gone and, unfortunately, we still don’t have an answer to that question.

Bell and Telus have recently been knocking on the door of the government looking for compensation with regard to Huawei equipment that they might be obligated to take out of the network. Recently there was a news story in the National Post that the government basically says it’s too early for them to comment on compensation, which again highlights the fact that this government isn’t dealing with their important issues regarding security.

Given the fact that the Five Eyes have taken clear action, given the fact of China’s behaviour towards the Michaels, given the fact of the Uighur genocide, given the fact of what’s going on in Hong Kong, when will the Trudeau government take a clear and unequivocal decision with regard to Huawei’s participation in Canada’s 5G, and why are they taking such a long time?

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Hon. Dennis Dawson: My question is for the Leader of the Government in the Senate.

As all senators know, climate change has disrupted our rail-based supply chain, and now, a foreign hedge fund has launched a bid to take over our largest railway company, Canadian National. It is fitting that the first bill introduced here has to do with railways, because they are essential to Canada. These Canadian companies were created because our railways are so important.

What does the government plan to do in the coming months and weeks to protect the interests of these companies? The threat is real. I remind senators about Donald Gordon, who declared that French Canadians were not good enough to work for Canadian railways. The last four presidents of CN were francophone, however. What are we going to do to make sure that Canada retains control over this institution and protects jobs in Montreal and the railway interests of not only Quebecers, but all Canadians?

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Hon. Marc Gold (Government Representative in the Senate): I thank the honourable senator for his question and for pointing out just how important these companies are to Canadian society.

With respect to the specific issue you mentioned, the Government of Canada and authorities connected to the government are responsible for assessing the offers and opportunities to change ownership. They are doing their job and will continue to do it to protect Canadians and Canadian companies as best they can.

[English]

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