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Decentralized Democracy

Senate Volume 153, Issue 153

44th Parl. 1st Sess.
October 26, 2023 02:00PM
  • Oct/26/23 2:00:00 p.m.

Senator Gold: Senator, I will read from the directive:

Chaplains shall endeavour to ensure that all feel included and able to participate in the reflection . . . no matter their beliefs . . . .

This is not banning prayer. To continue to suggest otherwise is not true and, indeed, insulting to those who would like to see their faiths and beliefs reflected in these important public pronunciations.

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  • Oct/26/23 2:00:00 p.m.

Senator Batters: That’s just the kind of answer I would expect from a senator belonging to the government party. Your deputy leader voted to overturn the committee chair’s ruling that removing barns from the exemption was out of order. Plus, she voted to cut the bill’s sunset clause to render it practically useless. I know what the farmers she is supposed to represent in Alberta would think of that.

You are dodging the question, Senator Gold: What is this Trudeau government’s problem with the farmers who feed us?

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  • Oct/26/23 2:00:00 p.m.

Senator Gold: The government supports grain farmers. They do important, noble work on all of our behalf.

The fact that the government has a position that is different in a bill that uses its right — our right as senators — to seek to improve bills is something that is totally appropriate, and the government makes no apologies for doing that.

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  • Oct/26/23 2:00:00 p.m.

Senator Gold: Again, Senator Marshall, I do not have the answer to that question, but it’s a legitimate one. I will certainly make inquiries so that I better understand the situation.

[Translation]

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  • Oct/26/23 2:00:00 p.m.

Senator Mégie: In the same report by the Auditor General, we learned that applications from people coming from Haiti are almost automatically processed manually, which unduly increases processing times.

Could we simplify the immigration process in Canada to keep those processing times from becoming the equivalent of a death sentence for some asylum seekers?

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  • Oct/26/23 2:00:00 p.m.

Senator Housakos: Rapid decisions are welcome, but transparent, accountable decisions in Parliament are more welcome.

Senator Gold, we now know that another company that secured a contract with your government blew the whistle on the irregular practices associated with the GC Strategies and your government as early as September 2021. Why did your government ignore the warnings of these whistle-blowers and continue to outsource even more work to GC Strategies to the tune of an additional $17 million? Is that why your government also now refuses to cancel these unreasonable fines that were levied to Canadians through ArriveCAN? Is it because Liberal insiders just need to get paid?

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  • Oct/26/23 2:00:00 p.m.

Senator Loffreda: Thank you for that answer.

A lot needs to be done to address long wait times in emergency rooms across the country. We all know that. In my home province, patients are waiting, on average, over 5 hours in emergency rooms and over 18 hours on emergency room stretchers.

Cannabis-related emergency room visits have increased since legalization, in some cases by up to 20% with visits related to edible consumption.

Recognizing this may be a jurisdictional issue. What is the government doing to ensure that cannabis-related emergency room visits head in the right direction?

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  • Oct/26/23 2:00:00 p.m.

Senator Cormier: Thank you, senator Gold. It is a health issue and a matter of urgency, as you can understand.

Last Tuesday, October 17, 10 senators rose in this place to speak out against the growing hate targeting 2SLGBTQI+ communities, especially the trans community. Most of these senators urged the government to move forward with the development of the national anti-hate action plan announced in Budget 2023.

Senator Gold, when will this action plan finally be tabled?

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  • Oct/26/23 2:00:00 p.m.

Senator Bellemare: The federal government has signed on to the Global Deal, an initiative of the Organisation for Economic Co-operation and Development, the OECD. The Global Deal promotes social dialogue among trade unions, businesses and governments.

Can you tell us what concrete actions the government has taken in recent years to promote tripartite dialogue on skill development and employment insurance?

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  • Oct/26/23 2:00:00 p.m.

Senator Pate: One of the amendments that the Senate passed aimed to ensure that victims and witnesses subject to publication bans were informed about the effects of a publication ban and the circumstances where Bill S-12 permits disclosure of information subject to a publication ban.

As you mentioned, this amendment was removed in the other place. I wonder how the government is planning to ensure that those subject to publication bans, especially the most marginalized and disadvantaged, have the information that they need to know their rights, and to feel confident in exercising them — secure in the knowledge that they will not face criminal charges, which is part of what gave rise to this bill in the first place.

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  • Oct/26/23 2:00:00 p.m.

Senator Gold: It’s a very good question. I will answer the question, and then I will comment.

I don’t know exactly what measures might be taken going forward, whether it’s by the federal government, the Crowns or those responsible for the administration of justice. It is still the case — notwithstanding that the committee deleted the amendment — that victims and witnesses are informed of the nature of publication bans and procedures. I’ll certainly make inquiries. It’s an important question for the simple reason that it’s one thing for some of us — when provided with such information — to know how to navigate it. It’s not always obvious to others either because of the circumstances or the stress they are under, or their lack of access to the kind of resources that some of us are more privileged to have.

It’s a fair question, and it’s the government’s position that the objective of this was laudable. But there were concerns that were raised in the other place. I believe it was unanimous, Senator Pate — all members of the committee voted to delete it. I’ll certainly do some follow-up to find out what, if anything, is being done, and to bring forward your preoccupations — which I’m sure you will also continue to advance — to the attention of the relevant minister.

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  • Oct/26/23 2:00:00 p.m.

Senator Gold: There is a migrant crisis around the world, including in Canada. The government streamlined the asylum claim process and increased its processing capacity. It has done a lot to tackle this challenge. I understand that the Department of Immigration, Refugees and Citizenship and the Canada Border Services Agency are implementing innovative measures to streamline the process and deal with pending applications as quickly as possible.

[English]

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  • Oct/26/23 2:00:00 p.m.

Senator Plett: I have a brief follow-up question. You’re right, Senator Gold; you called us all at noon. We let our critic know, but, clearly, in light of time, we didn’t let everybody know, although you told me very clearly you would be addressing it in the chamber, so everybody would know before we got to a vote. I thank you for that.

My question is — and you answered part of it — you said they sought a three-month extension. Did they get a three-month extension?

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  • Oct/26/23 2:00:00 p.m.

Senator Pate: Thank you very much for that, and I look forward to that information.

One of the other amendments that the Senate passed, and which was essentially negated in the other place, concerned section 672.501(4) of the Criminal Code, which you alluded to. This provision relates to publication bans that can be ordered by review boards charged with determining whether people are not criminally responsible for reasons related to mental health.

Though very similar to other publication bans under the Criminal Code, this type of publication ban was not touched by Bill S-12, and the Senate’s amendment aimed to help ensure that similar rules continue to apply to all forms of publication bans under the Criminal Code. You mentioned that the other place recommended further study, and I’m curious what the government is planning to do for outstanding publication ban provisions such as these in the Criminal Code that have not been updated to reflect the new changes proposed in Bill S-12.

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  • Oct/26/23 2:00:00 p.m.

Senator Boisvenu: Thank you, colleagues. I’ll try to read fast.

Take the recent case of a sex offender sentenced to three years and nine months in prison on April 11, 2023. Between January 7 and June 5, 2022, this man assaulted six women between the ages of 30 and 65. Those crimes were committed in the Quebec City region.

Imagine: three years and nine months for assaulting and traumatizing six women! Pardon me if I criticize our justice system for being so permissive, so soft on these criminals. No wonder the stats for sex crimes are so high. No wonder women choose not to report their attackers. According to 2015 data, 50% of women who have been sexually assaulted drop their case during legal proceedings. Add to that the number of women who do not report these crimes, which is also high; only one in ten women report. A mere one in thirty attackers will ever be sentenced to jail.

Honourable senators, the court gave the federal government until October 28, 2023, to respond. We were pressed for time when we studied this bill because the federal government waited six months to introduce it. That delay had a significant impact on our ability to study changes to the National Sex Offender Registry.

It is essential to take into account victims’ voices and to think about the lasting harm they have suffered. Laws and court decisions like this one can dissuade women from reporting assault, which is counterproductive in our fight to end violence against women.

The statistics clearly show that violence against women, particularly Indigenous women, is a major problem in Canada. It is imperative that our justice system reflect the urgent need to treat these crimes with the seriousness they deserve. Given the alarming statistics on violence against women, it is imperative that we strengthen our legislation. By requiring that only child sex offenders and repeat sex offenders be automatically included in the National Sex Offender Registry, Bill S-12 fails to properly address this urgent situation. Most victims of sex crimes are women, and it is fundamental that any man who is sentenced to more than two years for such crimes against a woman be automatically included in the registry.

I proposed an amendment to correct that and to call for the automatic registration of offenders sentenced to more than two years for sex crimes against women. Unfortunately, that amendment was rejected. I still do not understand why my colleagues on the Constitutional Affairs Committee made that decision on something that is so important for victims.

Some have suggested this might conflict with the Supreme Court’s decision, but let’s remember that it is not up to the Supreme Court to tell us how to do our legislative work. We must act courageously to keep women in our society safe. When we stand up for victims’ interests, we must be guided not by fear, but by courage, the same courage the victims show when they report their attackers.

We are about to pass Bill S‑12, but I’m deeply concerned that it will not be good enough to go up against crime in Canada, especially not crimes of violence against women. This bill doesn’t include necessary improvements to the National Sex Offender Registry, so it could end up making it possible for many attackers to victimize even more people.

I know what I’m talking about, because my own daughter, Julie, was the tragic victim of a sex offender. Our justice system was soft on him, and that is one of the factors that led to him committing that crime. In 2002, there was no registry, and, as a result, a predator who had just been released from jail was able to take my daughter’s life. I won’t even mention the sentence he got before that fatal attack, a sentence that essentially served as his licence to reoffend.

The safety of Canadian women should always take priority over an offender’s right to privacy. We must never underestimate the disastrous consequences of a sexual assault, which can sometimes escalate to femicide. I fear that one day, with this bill, we will regret our actions.

It is essential to recognize that the victims, often forgotten or ignored in the judicial process, deserve much more attention and support than just words of comfort. These women, scarred by events that are often traumatizing, need us to take well-reasoned action that reflects a true understanding of their suffering and their specific needs.

As committed and responsible members of our society, it is our duty to guarantee that each and every victim is treated with the respect and dignity they deserve. Thank you.

[English]

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  • Oct/26/23 2:00:00 p.m.

Senator Carignan: Leader, of course, the situation is even worse in some other provinces. Compared to last year, food bank use is up by over 44% in Newfoundland and Labrador and over 42% in Prince Edward Island. Ontario, however, has the largest annual increase at over 40%.

When we ask about the main reasons why people are using food banks this year, we are told that it is because of the cost of food and housing. The government has completely dropped the ball in these two sectors.

Leader, can you name the food products that came down in price at Thanksgiving, as your colleague Minister Champagne promised?

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  • Oct/26/23 2:00:00 p.m.

Hon. Bev Busson: Honourable senators, I rise today to share some thoughts about my journey last month to Newfoundland and Labrador, alongside my colleagues on the Fisheries and Oceans Committee, to study the effects of the out-of-control seal population on the Canadian fishery.

At the risk of stealing Senator Manning’s script, I want to tell you about the exceptional quality of the people of Newfoundland and Labrador and their outstanding hospitality. It is often said that you will not find strangers there, only friends you haven’t yet met.

Nowhere does this ring truer than in the communities that our committee visited. Port de Grave, Senator Petten’s hometown, is one of those places that you would think only exists on a postcard. The port is adorned with beautiful fishing boats that dot the picturesque harbour. There, locals with hearts as big as the Atlantic Ocean itself told us stories about the now-defunct seal harvest and the destruction of the cod fishery. These stories were shared in a local tea house which had been closed for the season, but opened just for us. You could feel the warmth, hospitality and genuine kindness around the table. It almost felt like a family reunion with long-lost relatives.

This warm welcome to Port de Grave included an invitation to return in December, when all the boats in the harbour are lit with thousands of Christmas lights and the docks are transformed into a sparkling winter wonderland. I have it marked in my calendar.

I was surprised to learn that, in the 1930s, when the province was a British colony, its economy was in ruins. The price of fish had plummeted, and the government was bankrupt. In response to mismanagement and corruption, a violent riot ensued. The Colonial Building in St. John’s was targeted. Windows were shattered, doors were demolished and furniture was laid to waste.

In answer, the London-based government imposed an unelected colonial government led by Britain. Despite this affront to their rights, and perhaps because of their fierce independence, the vote to join Canada in 1949 succeeded by the slightest of margins.

Another highlight was the beautiful Home From the Sea, John C. Crosbie Sealers Interpretation Centre. There stands a lone statue depicting Reuban and Albert John Crewe, a father and son found frozen to death in each other’s arms during the 1914 sealing disaster, when a staggering 251 sealers died.

I can assure you that we worked hard, but the highlight of this trip came on the very last night when we were hosted at a “kitchen party” by Senator Petten. This unique experience came complete with fresh-caught halibut. Now, no kitchen party would be complete without some lively entertainment. Mark Manning, the son of Senator Manning and a talented musician and Juno nominee, added his voice to this unforgettable evening.

I end by thanking all of those who made the trip possible. Most of all, I thank the people of Newfoundland and Labrador for reminding me what real hospitality looks like. As they like to say, “Long may your big jib draw.”

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Hon. Pierre-Hugues Boisvenu: Honourable senators, on Tuesday morning in the other place, my colleague, MP Blaine Calkins, tabled a petition signed by more than 22,000 people, who are calling on the government to quickly pass Bill C-336, which was introduced by MP Gerald Soroka, and Bill S-266, which I introduced in this chamber on June 6.

I would like to remind you that, on September 16, 2021, Robert Keith Major, a known repeat sexual offender, murdered 24-year-old Mchale Busch and her 16-month old baby, Noah, in their home in Hinton, Alberta.

This dangerous criminal had very strict parole conditions, but despite the fact that he was prohibited from approaching areas where children could be found, he lived near an elementary school, near a park and in an apartment building where many families lived, including that of Cody McConnell.

I am asking you to put yourselves in this father’s shoes, even if it is just while I’m speaking. A father comes home from work to find his apartment building surrounded by police. They forbid him from returning to his apartment. He then learns, several hours later, that his baby was just found dead in a dumpster. Then, within the next few minutes, the police find his wife’s body near the baby’s.

Imagine learning that the murderer, a dangerous repeat sex offender unlawfully at large, lives right next door. How would you react? Probably in the same way that the family and friends of these innocent victims reacted when I met with them in Alberta last spring. The justice system failed in its duty to protect this mother and her child by quietly setting this dangerous and ruthless criminal free.

Colleagues, I want to ask you the following questions today: What use is a system that releases dangerous repeat sex offenders with very strict conditions if nobody bothers to check on them? Why does breaching those conditions carry absolutely no consequence for these repeat offenders? Why does the justice system keep secret the presence of repeat offenders in the apartment next door?

This is the textbook definition of a failure: the failure to protect the public, especially women and children, from these repeat offenders despite the fact that Canada has a charter that recognizes the right to protection.

The 22,000 petitioners call on the federal government to make it mandatory for convicted sex offenders to report to the nearest police station upon any change of residence, to immediately arrest any repeat offender who fails to do so and to create a special designation for dangerous sex offenders who prey on children and women.

Protecting the lives of Canadian women and children is not the responsibility of any one political party. That responsibility belongs to the legislators in Canada’s Parliament, who have the privilege and duty to pass laws to that effect.

Honourable senators, someone must be held responsible for monitoring and supervising these dangerous offenders on release who all too often, in Canada, go on to reoffend. The petitioners are asking you to assume that responsibility and urging you to pass Bill S-266 quickly.

Noah and Mchale paid with their lives for this failure. Today, the family has this question for you: How many more will have to pay that price? Thank you.

[English]

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  • Oct/26/23 2:00:00 p.m.

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.

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  • Oct/26/23 2:00:00 p.m.

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?

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