Hon. Wanda Thomas Bernard: Honourable senators, I am grateful to be able to rise today on this unceded Anishinaabe Algonquin territory to deliver this statement about Emancipation Day.

While some communities across our country have been celebrating Emancipation Day for over 160 years, the federal government, the Senate and the Province of Nova Scotia only officially recognized August 1 as Emancipation Day in 2021.

Acknowledging Emancipation Day is recognizing the existence of slavery in Canada. This is an important first step to help us remember, reflect, learn and engage with Black communities and acknowledge the harms of anti-Black racism that are rooted in the enslavement of our ancestors.

Each August, I am impressed with the number of government departments, organizations, workplaces, municipalities and individuals who plan special events, programs and activities; 2023 was no different. I saw weekend festivals, community walks, religious services, staff lunch-and-learn events and empowerment programs. The social work community has been actively engaged by organizing a series of “teach-ins.” It has been a privilege to work with the Canadian Association of Social Workers and the provincial Associations of Black Social Workers from Nova Scotia, Alberta and Saskatchewan on this series.

My office hosted the first teach-in on reparations for African‑Canadian seniors, based on the call to action in the Halifax Declaration.

This year, for Emancipation Day, I spoke to many community groups. To each group, I asked the question, “What’s next?” I heard so many responses that went beyond creating awareness. Many people stressed the need for apologies, reparations and ways to honour our collective past. We had conversations about ways to support Black Canadians beyond basic survival, and ways to create systemic change.

As I reflect on Emancipation Day 2023 and the work that lies ahead, I am encouraged by the collective sense of critical hope that continues to fuel our passion to fight for change.

Asante. Thank you.

Senator Plett: You and I did speak about this earlier, and I appreciate that. I don’t want my standing to ask you a question to be seen as an intention to delay things. I think we have shown that we are supportive, certainly, of the intent of this legislation, both in this place and in the other.

You’re absolutely right; not only did Senator Dennis Patterson ask that question in this chamber, but at our leaders’ meetings we have asked this question a number of times: Why could we not seek an extension? Why are we being asked to rush? We were constantly reminded we needed to rush, and so we did that.

You say they acted responsibly. I would suggest that being responsible would at least include telling us that they are trying, but they didn’t.

So why would they not have told us? Why would you not have told us? I accept that you maybe didn’t know. Why would the government not have told you, “We’re trying to seek an extension”?

And how much of an extension did they get? If this bill does not pass today, how much of an extension did they get? What is the deadline?

Senator Gold: Those are fair questions. Thank you for that.

The short answer to the latter part of the question is that the government sought a three-month extension, which was granted by the court yesterday in the latter part of the day. My office was informed of it midday today, and the first thing I did — as some of you would know, and I hope you shared it with your colleagues — was I spoke to all the leaders to inform them, and I also called Senator Dennis Patterson, who was the one who had raised this first. At the time he raised the question, I did not know that the government had sought an extension, and I still don’t know exactly when they made that decision.

But I can state with some confidence that when a request for such an extension is made, it does not come with an automatic date for the hearing, much less certainty of the conclusion. I strongly believe the government acted responsibly, as the deadline was approaching, to seek an extension — and they got it — in the event that circumstances in the other place, which are not always smooth sailing, were such that they couldn’t get it to us in time, or, indeed, whenever they could get it to us, we would not have time or the will to move quickly.

In that regard, I do also want to remind senators and thank them because when we did get the bill, and it was introduced in this place, I asked all leaders and all senators to study it properly, as we did — and we improved it — and to do so with dispatch so it could be sent back to the House before we rose for the summer.

Why did I ask that? Because the deadline was known, and I thought it was only appropriate that we give the House of Commons the equivalent amount of time to study the bill that we chose to take to do it. We didn’t rush our study, and they, as it turns out, spent less time on the bill than we were able to devote to it.

The only point of difference, Senator Plett, that I would take with your question — because it’s a fair question — is I don’t think we’re being asked to rush this. I think that our committee did tremendous work. Earlier in the week I circulated both to leadership and to all senators a high-level summary of the amendments that were accepted, tweaked and introduced in the other place.

We’re here on a Thursday. It’s 3:30 p.m. We have plenty of time for each and every senator to take the floor and debate it. I continue to hope that we will conclude the debate, send it for Royal Assent and complete the work that we began and that we began so well.

Thank you.

Senator Arnot: I am no longer a “new” senator, having been here for two years. This timing may be explained partially as being consistent with my path — as a lawyer, judge, treaty commissioner and human rights commissioner — that I prefer to take the necessary time to have a full understanding of the facts, to weigh them carefully and to proceed with offering a judgment or decision.

Colleagues, I can say that, even with two years of tenure, I can only offer a preliminary commentary — a pre-sentence report, if you will. This commentary is shaped deeply by what I have learned from you, my colleagues, and from many other wise, articulate and passionate Canadians who have helped shape my world view. These were sometimes family, friends and parliamentarians, and sometimes teachers, educators and elders.

One specific thing I learned from elders is that, in making introductions, it is helpful to tell people about where you were born, your family, where you grew up and to give others a sense of your connections.

The biggest claim to fame I have likely comes from the fact that my grandfather played football for the Saskatchewan Roughriders for a decade, between 1919 and 1929. He played in three Grey Cup games.

In 1984, he was, at that time, the oldest living former Saskatchewan Roughrider and was interviewed by the Regina Leader-Post newspaper. He was asked what he regretted about the modern game compared to the rules he had played under. His answer was “the invention of the forward pass.” That rule allows a player to throw the ball from behind the line of scrimmage to a teammate downfield. The purpose is to accelerate the chance of a touchdown. It is, if you will, a shortcut to success.

While I have admiration for the Canadian Football League and certainly the Saskatchewan Roughriders, I sought success in the field of law. In 1972, my mother was proudly bragging to my grandmother that I had been accepted into law school. My grandmother, however, was not impressed, not at all. In fact, she was very upset. She had grave concerns — not because I might become a lawyer but because I might become a politician.

Nearly 50 years later, in July 2021, her worst fears were realized with the call from the Prime Minister when I was given the honour to join the Senate of Canada.

While I will never know for sure, I believe any worries she had about me being involved in politics would be allayed by the company I keep with you, honourable senators — people who represent regions, provinces, territories, communities, citizens and, importantly, minority groups — people entrusted with the oversight of many of the most important decisions to be made in our country — decisions to be made for Canadians by bringing our collective experience to bear and learning from one another.

Years ago, a colleague in the judiciary challenged me to better understand Indigenous peoples and communities. He asked me to attend a sweat lodge ceremony near what was then called Hobbema, Alberta. It was the first sweat lodge I ever attended. The elder looked at me and said, “I always save the hottest rocks for judges,” and I believed that.

At the end I asked the elder to help me make an outreach to the First Nations people in the Battlefords area. He wrote a name and a phone number on the back of a matchbook cover and he told me to call that person when I got home. I eventually made that telephone call about a week later, after working up the courage to pick up the phone. When a man at the other end answered, I told him, “Hi, I’m the local judge. I would like to speak to you about what’s happening in the justice system.” He said, “Oh, I know who you are. We have been waiting for your call for over 100 years.” He meant it.

That call was a catalyst for me. It changed the trajectory of my career and my life, and I felt compelled to work with Indigenous leaders, communities and people.

In doing that work, I was fortunate to learn two important things: First, there is more than one way to view the world, and Indigenous people had a world view that I needed to understand; second, I realized that my education was wholly incomplete. Education through a formal system, through oral history and through lived experience is essential.

I suspect those of you who have heard me speak about the power of education, treaty rights, Indigenous rights, human rights and citizenship wonder why this is a focus and passion for me. In part, it is a response to the intersection of two world views: politics and the life and history of my great-grandfather, J.K. McInnis. He was a politician, educator, a real estate developer and a journalist. He owned the Regina Standard daily newspaper. He was the twelfth mayor of the City of Regina and a city councillor for many years.

He ran in the 1896 federal election in Assiniboia West constituency. The result was a dead-heat tie between him and his opponent. The returning officer, as was the practice, broke the tie by casting his vote in favour of the incumbent, Nicholas Flood Davin, a lawyer from Ireland who owned a rival newspaper, the Regina Leader. Davin later became one of the key architects of the Indian residential school system, a system that prioritized assimilation over integration, the priorities of one world view over another, a disregard for the cultural mosaic that distinguishes Canada on the global stage today.

Indeed, it has been said that Canada is the most successful experiment in pluralism the world has ever seen. However, the success of Canada’s pluralistic, multi-ethnic, multitheistic and multicultural country and society is fragile. That fragility is directly related to the knowledge, understanding and commitment Canadians have for our democracy, our democratic institutions and the need for a sustained and active commitment to inherent responsibilities of citizenship.

I was and remain humbled and honoured to have been summoned to support democracy and the rights of Canadians. I am acutely aware of the tremendous responsibility and commitment to my fellow Canadian citizens and to you, my fellow senators. I embraced the challenge to be part of a new ethos in the Senate: to be non-partisan and independent, free to make decisions based on what I consider to be in the best interests of Canada, without an agenda, but rather to vote according to my experience and conscience.

As a judge, I was afforded judicial independence, a robust and essential tool defined as a core tenet of our justice system in maintaining the rule of law. I am an unwavering advocate for that independence. The 20th century was, and the 21st century is rife with examples of what happens when the rule of law and judicial independence are tampered with or even eliminated: We have social upheavals, economic chaos, wars and millions of human lives lost.

The world’s response to the Holocaust is embodied in the 1948 Universal Declaration of Human Rights. That was the first time in history that the rights of every individual human being were recognized. That was only 75 short years ago. That document is the foundation for the Canadian Charter of Rights and Freedoms, the various human rights codes in Canada and the United Nations Declaration on the Rights of Indigenous Peoples. I’m proud to say that the first human rights act in North America was the 1947 Saskatchewan Bill of Rights, created by Morris Shumiatcher and Tommy Douglas.

Human rights, treaty rights and Indigenous rights, just like the rule of law and judicial independence, are not and must never be measures of compromise. Our ability as senators to act independently from government, to be the chamber of sober second thought, is not a measure of compromise.

The rights of Canadians as citizens and as human beings remain strong because of strong institutions. Strong institutions require people of integrity who do not waver in fairness, justice and truth. Those are not measures of compromise.

Neutrality is sometimes included in that list of qualities. It is essential to the role of the judiciary and core to our work as senators when we hear from witnesses, balance their testimony and determine what to report.

However, there is a caveat. I believe that we as senators must not compromise on our responsibility to uphold the rights of minority groups. The Senate must not succumb to the tyranny of the majority. This means we have a bias in upholding the Constitution, Charter rights and human rights. It is a bias in upholding the rule of law and our commitment to truth and justice. It is in our calling to the Senate to always, without fail and with the biases required of our positions hold the government of the day accountable and improve every piece of legislation we are required to assess, and thereby make our democratic institutions stronger.

There is an old concept in common law that I believe applies to our work. We must act in accordance with the honour of the Crown. I have written and spoken about the honour of the Crown to many audiences, students, academics, lawyers, judges, chiefs, elders and policy-makers. The honour of the Crown is a principle and a convention that requires, in every action and decision, the women and men who represent the Crown in Canada to conduct themselves as if their personal honour and family name depended on it.

To be clear, I’m speaking about the people in the legislative and executive branches of government, because they are responsible for the actions of the Crown. I know that some consider the honour of the Crown to be a remnant of a time long past, an anachronism to be ignored. Colleagues, I don’t share that view. The principles of the honour of the Crown demand that senators and Canadians operating in a mature, democratic society act with principle from the highest moral standard. Perhaps most of all, it is imperative that our words and actions are honourable in the way that my grandmother would approve. While I might disagree with my grandfather about the merits of the forward pass, I know there is no quick forward pass in our work. There can be no shortcut to success that abrogates our responsibility to the next generation.

Thinking about the future, I recall the words of Chief Mistawasis during Treaty 6 negotiations at Fort Carlton in 1876, just a few kilometres north of present-day Saskatoon. He was a head chief. He really understood the power of education. He spoke about it and advocated for it. These are his words, which reflect his world view. He said:

What we speak of and do now will last as long as the sun shines and the river runs, we are looking forward to our children’s children . . . .

Colleagues, protecting our democracy requires constant vigilance. I am proud to stand with you, my Senate colleagues, as we work to strengthen the future of our country and to make Canada a better place for our children’s children. Thank you. Kinanâskomitinâwâw.

Senator Housakos: It could be both, you’re right. I think we, as a Parliament, have an obligation to thoroughly look at this very carefully.

Now, we all know why politicians flip-flop and don’t honour their commitments from Speeches from the Throne and, in this particular instance, flip-flop on their own public policy that has been the cornerstone of their government for years. I suspect they flip-flopped in this case because they realize Canadians are catching onto them, that they’re not solving any of the environmental climate change problems while driving Canadians to the poorhouse.

We will continue to be partisan on this side. We will continue to follow through on our responsibility as parliamentarians that we’ve been summoned to do here, which is to engage in the public discourse and the public-policy-making and debate Speeches from the Throne, energy policy and taxation policy and do our due diligence in a sober-second-thought manner in the interests of Canadian taxpayers.

Today, Senator Gold, it’s your day. I want to compliment your government for finally listening to some common sense, but there’s more common sense to come. Thank you, colleagues. Have a great weekend.

(On motion of Senator LaBoucane-Benson, debate adjourned.)

On the Order:

Resuming debate on the motion of the Honourable Senator Dalphond, seconded by the Honourable Senator Bernard, for the second reading of Bill S-264, An Act to establish International Tax Justice and Cooperation Day.

(On motion of Senator Martin, debate adjourned.)

[Translation]

Senator Coyle: Back to Rose Paul and the success at Paqtnkek Mi’kmaw Nation.

In addition to its new state-of-the-art Bayside Travel Centre, which has a large gas station, two restaurants, a convenience store, a liquor store, a gift shop, a Nova Scotia tourism facility, gaming and a long-haul trucking facility, the site provides a base for so much more.

Paqtnkek also has Bayside Renewables, through which they are involved in solar farms and are planning the only integrated micro grid in Atlantic Canada which will combine solar panels, battery storage and EV charging — right on that site.

Like Membertou, Paqtnkek has a stake in Clearwater Seafoods. They have an equity position and are at the table with EverWind Fuels, a green hydrogen initiative. They are involved with Maritime Launch, Canada’s first commercial spaceport, in Canso, Nova Scotia, and they have plans for a new business centre and a hotel.

When I asked Rose about the impact of all this economic activity on the community, she told me that social assistance rates are down 30%. More people are employed, and it is a real paradigm shift — a real mind shift — for young people who now see themselves pursuing business opportunities or being employed right there in their own community. Rose said these successes are long overdue and so important to fulfill the promise of those who came before her — like her own grandmother — to make it right by them and honour their hard work and vision.

Honourable senators, I am so impressed with CEO Rose Paul and Chief Terry Paul and the Mi’kmaw nations of Membertou and Paqtnkek. These leaders and these communities, like their peers who we are hearing about from across Canada, are working hard and creatively every day to close that wide prosperity gap discussed earlier. They are doing this with a clear focus on fulfilling the visions of their ancestors and with a steadfast effort to create economic opportunities and a healthy, prosperous future for generations of young people to come.

Honourable senators, please join me in congratulating Chief Terry Paul and CEO Rose Paul on their leadership and many accomplishments.

Wela’lioq. Thank you.

(On motion of Senator Clement, debate adjourned.)

(At 6:04 p.m., the Senate was continued until Tuesday, October 31, 2023, at 2 p.m.)

Hon. Amina Gerba: Colleagues, before I begin, I would like to offer my condolences to the family of our late colleague.

I rise today to recognize that October 24 was World Polio Day. Polio is a very serious and highly infectious disease that can cause paralysis. Rotary International has been fighting polio through its PolioPlus program.

Yesterday, I had the opportunity to co-sponsor a Rotary event dedicated to fighting this disease. I would like to thank my colleagues who participated in the event. It was an opportunity to celebrate how far we’ve come and to remind ourselves that the fight against this terrible disease must go on until it is eradicated for good.

As a former Rotarian, I’ve seen what a huge impact the organization’s work has had. Eradicating polio has been Rotary’s flagship effort since 1985, and the organization has contributed $2.6 billion to the cause. We should also be very proud of the role our country has played in ridding the world of polio.

For almost 40 years now, Canada has been a key partner in the fight, contributing a total of nearly $1 billion so far.

However, while global efforts have made it possible to vaccinate three billion children and prevent 20 million cases of paralysis, the fight is not over. That is why we must intensify our efforts and continue to work to put a definitive end to this scourge.

I would like to take this opportunity to pay tribute to a polio survivor, Ramesh Ferris, a well-known resident of Whitehorse, Yukon. A past president of the Rotary Club Whitehorse Rendezvous and a Paul Harris Fellow, in 2008, Mr. Ferris travelled over 7,000 kilometers on his hand-cycle, rallying Canadians from west to east and raising thousands of dollars to eradicate polio.

Mr. Ferris is an inspiration, and his example should motivate us to come together to finally defeat polio.

Thank you.

Hon. Rosemary Moodie: Honourable senators, first, on a sombre note, I want to express my deep sadness at the passing of our honourable colleague, Senator Shugart. I offer my condolences to his family, friends and all of us grieving his loss, including here in this chamber.

I want to take a moment to welcome the Honourable Pearnel Charles Jr., Minister of Labour and Social Security from Jamaica, Ms. Marsha Coore Lobban, High Commissioner of Jamaica and Her Excellency Ms. Colette Roberts Risden, Permanent Secretary for the Ministry of Labour and Social Security from the Government of Jamaica. Welcome.

Colleagues, I rise today to recognize the Inspiring Healthy Futures initiative and to welcome to Ottawa hundreds of delegates from the A Future Fit for Kids summit taking place tomorrow here in Ottawa.

Inspiring Healthy Futures emerged in the middle of COVID-19 with a mission to address many of the long-standing issues facing children and families in Canada. Since then, they have built a broad and powerful coalition of youth, parents, researchers, educators, advocates, policy-makers, service providers and community and business leaders throughout this country to look at the urgent issues facing children and to create an innovative agenda that will help move us forward. They have had a powerful impact. For example, they were leading voices in pushing the Government of Canada to commit $2 billion to address the pediatric health crisis earlier this year. Additionally, the community secured $125 million of federal funding for One Child Every Child, a pan-Canadian health research initiative led by the University of Calgary.

Colleagues, as I conclude, I want to share with you two opportunities for you to engage with these delegates from our regions here in Ottawa. First, I want to invite you to the Imagine the Future reception taking place this evening. It will be a great opportunity to meet these young people, advocates and researchers who are making a difference in our health care system today. Second, please join the Parliamentary Child Health Caucus for breakfast tomorrow morning for a more fulsome discussion on the paths forward and ways that we as parliamentarians can be strong, reliable partners.

Colleagues, now is not the time to rest on our laurels. We have seen some success for children, but it is just a fraction of what they need to live healthy, happy and successful lives. I invite you to partner in securing that future. Thank you.

[Translation]

The Hon. the Speaker pro tempore: Honourable senators, I wish to draw your attention to the presence in the gallery of the Honourable Pearnel Charles Jr., Minister of Labour and Social Security, Government of Jamaica; Ms. Marsha Coore Lobban, High Commissioner of Jamaica to Canada, and other members of the delegation. They are the guests of the Honourable Senator Moodie.

On behalf of all honourable senators, I welcome you to the Senate of Canada.

Hon. Paula Simons, for Senator Black, Chair of the Standing Senate Committee on Agriculture and Forestry, presented the following report:

Thursday, October 26, 2023

The Standing Senate Committee on Agriculture and Forestry has the honour to present its

TWELFTH REPORT

Your committee, to which was referred Bill C-234, An Act to amend the Greenhouse Gas Pollution Pricing Act, has, in obedience to the order of reference of June 13, 2023, examined the said bill and now reports the same with the following amendments:

1.Clause 1, pages 1 and 2:

(a) On page 1, replace lines 4 to 15 with the following:

(b) on page 2, delete lines 1 to 10.

2.Make any necessary consequential changes to the numbering of provisions and cross-references resulting from the amendments to the bill.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

ROBERT BLACK

Chair

(For text of observations, see today’s Journals of the Senate, p. 2068.)

The Hon. the Speaker pro tempore: Honourable senators, when shall this report be taken into consideration?

(On motion of Senator Simons, report placed on the Orders of the Day for consideration at the next sitting of the Senate.)

[English]

The Hon. the Speaker pro tempore informed the Senate that a message had been received from the House of Commons with Bill C-284, An Act to establish a national strategy for eye care.

(Bill read first time.)

Hon. Jane Cordy: Honourable senators, I have the honour to table, in both official languages, the report of the Canadian NATO Parliamentary Association concerning the Bureau Meeting and Spring Standing Committee Meeting, held in Oslo, Norway, from March 25 to 26, 2023.

The Hon. the Speaker pro tempore: Honourable senators, when shall this bill be read the second time?

(On motion of Senator Ravalia, bill placed on the Orders of the Day for second reading two days hence.)

[English]

The Hon. the Speaker pro tempore informed the Senate that a message had been received from the House of Commons with Bill C-280, An Act to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act (deemed trust — perishable fruits and vegetables).

(Bill read first time.)

Hon. Brian Francis: Honourable senators, I have the honour to present, in both official languages, the fifteenth report of the Standing Senate Committee on Indigenous Peoples, which deals with Bill C-29, An Act to provide for the establishment of a national council for reconciliation.

(For text of report, see today’s Journals of the Senate, p. 2065.)

The Hon. the Speaker pro tempore: Honourable senators, I wish to draw your attention to the presence in the gallery of Vina Nadjibulla from the Asia Pacific Foundation of Canada. She is the guest of the Honourable Senator Woo.

On behalf of all honourable senators, I welcome you to the Senate of Canada.

Hon. Senators: Hear! Hear!

[English]

Hon. René Cormier: My question is for the Government Representative in the Senate.

Senator Gold, today being Intersex Awareness Day, I would like to point out that “body normalization” surgeries done on intersex persons without their consent are still legal in Canada.

I also want to point out that the Federal 2SLGBTQI+ Action Plan announced that consultations were to take place starting in the fall of 2022 about criminalizing surgeries of this kind performed on intersex persons during their childhood.

Last April, I brought this commitment to the attention of the federal government by asking you a question — that is yet to be answered — about when the consultations would start.

Senator Gold, I want to reiterate my question and ask you precisely what the government’s timeline is on this matter.