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Decentralized Democracy

Senate Volume 153, Issue 74

44th Parl. 1st Sess.
October 26, 2022 02:00PM
  • Oct/26/22 2:00:00 p.m.

Hon. Marilou McPhedran: Honourable senators, I rise today to speak in support of Bill S-225, and I thank Senator Ataullahjan for this important bill that comes at a particularly crucial time with international discord keeping cluster munitions near the top of the active weapons list.

Canada has a proud history of facilitating international efforts to ban cluster munitions. Many here today may recall that Canada stepped up when the international community faltered and failed to pass an all-out landmines ban. Canada refused to accept that indecision and became a leader in pushing for a treaty that confirmed what has long been known to be true: cluster munitions are a humanitarian disaster.

Distinguished Manitoban, the Honourable Dr. Lloyd Axworthy — then Canada’s foreign minister — initiated a Canadian convention of 50 countries in 1996, which led to the framework for what would become known as the Ottawa Treaty, the first international ban on the use, stockpiling and production of anti-personnel landmines. It opened for signatures in 1997 and came into force in 1999, more quickly than most such treaties do. It is inspiring to review the record of that time, to see the shift that Minister Axworthy’s speech made to increase the number of countries that declared support for the ban and to read accounts of his bold and tenacious diplomacy that enabled this treaty.

The Ottawa Treaty created a stigma against cluster munitions, and their use went down, albeit slowly, from 1999 until now. The downward trend has reversed, and it must be asked: Which side is Canada on? As other senators have pointed out, Canadian companies have invested hundreds of billions of dollars into cluster munitions. Where once a humanitarian leader, Canada now seems to be supporting some merchants of death.

This issue is especially important because of its disproportionate impact on civilians and youth. As we all know, landmines and cluster munitions are extraordinarily difficult to remove, and often stay around well past the end of a conflict once placed. This is due in large part to the nature of the weapon and to the difficulty of removing them. It must be done by hand, and requires a lot of risk to those who take on the task. In places like Egypt, for example, the job is made even more difficult because the loose sand means that munitions often shift very far from their original positions, making them harder to identify.

As local populations repatriate, the impact of these landmines can be devastating. This is especially true for children. Children have always been susceptible to unremoved cluster munitions and landmines, and they make up a disproportionately high percentage of deaths.

In Afghanistan in 2014, children made up 45% of civilian casualties where the age was known. In 2018 and 2019, children accounted for 54% of all civilian landmine deaths. Internationally, where the age was known, this is a 12% increase over previous years.

Many countries have instituted educational programs to try to help children avoid landmines and cluster-type munitions by educating them on their dangers. However, these weapons are often appealing to children because of their shape and colour.

Usually left unremoved in areas off regular paths and streets, these weapons are where children are more likely to venture to play. Although landmines are made to maim adults, the smaller size of children leaves them more likely to suffer fatal injuries. In Yemen, landmines have been the biggest killer of children since a truce was called in April of this year. Moreover, just above 75% of all war-related casualties among children in Yemen are landmine related. Landmine education campaigns have put out comic books and booklets and instituted institutional programs in schools in an effort to reduce these deaths. This, clearly, is no match for the existence of these weapons.

These statistics may not even give a full or accurate view of the devastating impact of landmines and cluster munitions. In some cases, landmines, when not fatal, may create lifelong physical disabilities. In many affected countries, disability is still seen as a stigma, especially in girls, leading to an under-reporting of landmine injuries. It is speculated that female youth casualties may be among the most under-reported groups for this reason. For many disabled children, they may be regarded as a burden or, because of neglect or a lack of resources, will not get access to proper care or support that they need to thrive.

Honourable senators, how can we, as Canadians, allow our companies to invest in corporations that, to put it bluntly, indiscriminately kill children, women and civilians? It goes directly against our Canadian values to protect human rights and to protect civilians and children. It also goes against our strong history as leaders in standing against landmines and cluster munitions for their disproportionate and indiscriminate harm. If enough countries refuse to invest in landmine-producing corporations, it may eventually make the production of these weapons untenable financially. This would help force even those countries who refuse to sign into the landmine treaty to give up their use.

Canadians want ethical investment. Canadians care about humanitarian protections and human rights. We should bring our policies into line with our Canadian values. Bill S-225 aims to do just that. It is not enough to passively discourage these investments. We should ban them outright. Canada must once again become a leader. These efforts may help reverse the recent rise in landmine use and kickstart further international action against how landmines and cluster-type munitions amplify and perpetuate the absolute horrors of violent armed conflict.

Honourable senators, I thank Senator Dalphond for his speech today and join senators who have encouraged with cogent evidence that it is time — through this bill — we take a clear, principled stand against corporate investment in cluster munitions and stand for human rights, especially children’s rights to live their best possible lives. Thank you. Meegwetch.

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

(On motion of Senator Housakos, for Senator Ataullahjan, bill referred to the Standing Senate Committee on Foreign Affairs and International Trade.)

On the Order:

Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Wells, for the second reading of Bill S-231, An Act to amend the Criminal Code, the Criminal Records Act, the National Defence Act and the DNA Identification Act.

(On motion of Senator Cotter, debate adjourned.)

[Translation]

On the Order:

Resuming debate on the motion of the Honourable Senator Boniface, seconded by the Honourable Senator Hartling, for the second reading of 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.

(On motion of Senator Pate, debate adjourned.)

[English]

On the Order:

Resuming debate on the motion of the Honourable Senator Galvez, seconded by the Honourable Senator Gignac, for the second reading of Bill S-243, An Act to enact the Climate-Aligned Finance Act and to make related amendments to other Acts.

(On motion of Senator Housakos, debate adjourned.)

[Translation]

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Hon. Senators: Agreed.

(Motion agreed to and bill read second time.)

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Hon. Diane Bellemare, pursuant to notice of October 4, 2022, moved:

That a Special Senate Committee on Human Capital and the Labour Market be appointed until the end of the current session, to which may be referred matters relating to human capital, labour markets, and employment generally;

That the committee be composed of nine members, to be nominated by the Committee of Selection, and that four members constitute a quorum; and

That the committee be empowered to inquire into and report on such matters as may be referred to it by the Senate; to send for persons, papers and records; to hear witnesses and to publish such papers and evidence from day to day as may be ordered by the committee.

She said: Honourable senators, on behalf of the Standing Senate Committee on Rules, Procedures and the Rights of Parliament, I have the honour to move a motion to create a Special Senate Committee on Human Capital and the Labour Market.

This motion reflects a fairly broad but not unanimous consensus on the part of committee members resulting from discussions held by the committee in February 2022, and which are currently ongoing, about the structure and mandates of committees.

We divided this review into two steps. As you know, the first step consisted of a stylistic review of the committee mandates. This step ended with the adoption by the Senate of our third report, which led to amendments to the Rules of the Senate in July 2022.

The second step of our review, which is currently under way, consists of a more in-depth study of the structure and the mandate of Senate committees. During our prior discussion in February, May and June, we noted serious problems with our committee structure. It was clear that there was an urgent need to debate issues related to employment and human capital.

Many senators on the committee expressed their concerns about the fact that important and timely issues related to the labour force, the labour market, immigration and employment are not being given proper consideration by the Senate.

As you know, honourable colleagues, labour market and human capital issues are fundamental components of creating and sharing prosperity in Canada. They’re also central to the policy choices and strategies needed to ensure continued prosperity, promote equity and combat inequality and poverty. They’re also at the root of regional concerns and solutions to encourage all groups to integrate into Canadian society.

Labour issues obviously intersect with federal and provincial jurisdictions. However, the federal government has played a unique role since it gained constitutional jurisdiction over unemployment insurance in 1940, as has the Bank of Canada, which independently monitors the country’s employment level.

The complexity of the labour market requires a nation-wide discussion between the federal and provincial levels. The Senate is well positioned to play an important role in addressing human capital and labour market issues. We have representation from all regions of Canada, we have senators with experience relevant to their region and we have the political remove to study these issues with some degree of neutrality.

Canada is facing major challenges associated with the inevitable aging of the population, which is part of the reason for the labour shortages. In addition, Indigenous peoples are experiencing high unemployment rates and would like to participate in sustainable wealth creation. We have to look at how our federal immigration, employment and workforce development strategies can help us address these issues. In addition, our Employment Insurance system, an economic stabilization force with which there were serious problems during the pandemic, still hasn’t been reformed since these events.

Currently, no committee is really working on these problems, not for lack of will or interest, but for lack of time and resources.

The Standing Senate Committee on Social Affairs, Science and Technology would be the appropriate committee to study several human capital and labour market issues. However, it is the third‑busiest committee after the Standing Senate Committee on National Finance and the Standing Senate Committee on Legal and Constitutional Affairs, meeting an average of 55 hours per fiscal year.

We invited the Chair of the Social Affairs Committee, Senator Ratna Omidvar, as well as the former chair, Senator Chantal Petitclerc, to share their thoughts regarding the committee’s workload. The conclusion was unanimous. Human capital, the labour market and employment are all important issues that need to be examined, but the committee does not have the time to deal with them. The idea of creating a special committee on human capital and the labour market was welcomed by Senator Omidvar and Senator Petitclerc, as well as by the majority of senators from various parties and groups who sit on the Senate Committee on Rules, Procedures and the Rights of Parliament.

Now let’s look at the specifics of the motion.

This motion proposes to create a special, not standing, Senate committee on human capital and the labour market. The proposed mandate for this committee mirrors the language we used for the stylistic review of rule 12-7. The special committee would be appointed until the end of the current session. It would therefore be temporary. It would be composed of nine members, to be nominated by the Committee of Selection. It could deal with any matters relating to human capital, labour markets and employment generally. As with most standing committees, the Senate would have to authorize it to consider any particular matter by adopting an order of reference.

Many people were concerned about this special committee’s mandate. Let me reiterate that we gave it a general mandate, as is done for all committees, because any decisions regarding the subjects to be studied, once the committee is formed, would be made by the Senate through an order of reference.

I want to be clear that an order of reference must be adopted for a committee to study any matter. The committee’s mandate in the motion remains general, yet specific enough to cover the relevant subjects.

Some senators, as well as leaders and liaisons, have raised questions about whether we have the financial and administrative capacity to create this special committee. We are short on financial resources and human resources, especially clerks, technicians and translators. We spoke with Shaila Anwar, the principal clerk for Senate committees, about the issue of human resources in a public meeting.

There is also the potential extra workload for senators that comes out of creating a committee. In that context, we even talked about reducing the number of senators per committee for the rest of the parliamentary session. Our discussions made us appreciate the need for a more thorough review of the structure and mandate of the committees, and that is what we will undertake as soon as the current study is over.

As you know, the number of committees has increased over time. A review of the structure of the committees is necessary. If we cannot increase the number of committees in the long term, perhaps we should merge committees or do things differently to ensure that committees can carry out their mandates effectively. Our future work on these issues will lead to solutions, for which I hope there will be a consensus in this place.

We asked the leaders and liaisons of each group for their opinions of our work plan for the committees file. As I stated earlier, they were not in unanimous agreement, but most were in favour of creating a special committee on human capital and the labour market. However, everyone recognized that there are constraints that must be considered.

As a democratic parliamentary institution, we must have the administrative and financial capacity to carry out our work. Reality sometimes requires us to make difficult choices about how our adminstrative and financial resources are allocated in order to prioritize certain studies over others.

I am moving this motion, not in my name, but in the name of the Standing Committee on Rules, Procedures and the Rights of Parliament, in the knowledge that we will not be able to make a decision immediately about the creation of this special committee. However, we can have a debate about whether it is necessary to create a special committee on human capital and the labour market. We are sure to find solutions for bringing this project to fruition, if that is the will of the Senate.

Thank you for listening. Meegwetch.

(On motion of Senator Patterson, debate adjourned.)

[English]

On Motion No. 83 by the Honourable Robert Black:

That the Standing Senate Committee on Agriculture and Forestry be authorized to meet on Tuesday, October 25, 2022, at 6:30 p.m., even though the Senate may then be sitting and that rule 12-18(1) be suspended in relation thereto.

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