Hon. Paul J. Massicotte: Honourable senators, I have the honour to present, in both official languages, the third report of the Standing Senate Committee on Energy, the Environment and Natural Resources, which deals with Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act.

(For text of report, see today’s Journals of the Senate, p. 752.)

Hon. Pamela Wallin: Honourable senators, I have the honour to table, in both official languages, the fourth report (interim) of the Standing Senate Committee on Banking, Trade and Commerce entitled Business investment in Canada and I move that the report be placed on the Orders of the Day for consideration at the next sitting of the Senate.

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

Hon. Percy Mockler: Honourable senators, I have the honour to table, in both official languages, the fifth report of the Standing Senate Committee on National Finance entitled Supplementary Estimates (A) for the fiscal year ending March 31, 2023 and I move that the report be placed on the Orders of the Day for consideration at the next sitting of the Senate.

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

[Translation]

Hon. Salma Ataullahjan: Honourable senators, my question is for the government leader in the Senate. The Information Commissioner’s 2021-2022 Annual Report shows a 70% increase in complaints over the previous year: the highest volume of complaints since this office was created almost 40 years ago in 1983.

Commissioner Maynard stated, “A number of institutions are not meeting their legislative obligations, while some appear to consider them as optional.”

The commissioner says that the pandemic can no longer be used as an excuse for failing to live up to these obligations.

Leader, your government came to office promising openness and transparency. Instead, under your watch, access to information is now arguably the worst it has ever been. What will you do to address the crisis in the system for access to information across your government?

Senator Ataullahjan: In a report released in April, and again in an annual report last week, Commissioner Maynard made specific mention of the excessive delays for access to information requests at Library and Archives Canada, where almost 80% of responses do not comply with the timelines laid out in the legislation. The commissioner is very critical of Minister Rodriguez in her reports, saying she is not convinced the minister has an understanding of the critical situation at Library and Archives Canada. As well, the commissioner said the minister’s response to her recommendations lacked any sense of urgency and in some cases did not even address her recommendations.

Leader, the commissioner says Minister Rodriguez won’t commit to anything other than the status quo at Library and Archives Canada, which she finds wholly inadequate. How will the delays ever be resolved if the minister doesn’t even realize there is a problem?

Senator Duncan: Senator Gold, how do we know if the government will proclaim any of the measures under order-in-council proclamation of Bill C-19 that we are currently studying at the National Finance Committee? Are any of these measures under question?

Hon. Marc Gold (Government Representative in the Senate): Thank you, senator, for the question. Indeed, transparency, accountability and openness, these are guiding principles that the government strives to promote. It has invested over $50 million in additional funds to improve access to information, and is engaged in a review of its access to information process to explore opportunities to improve proactive publication, improve services and reduce delays. I am also advised that deputy heads have been reminded of their obligations under the law, and are being held to account to ensure they respond appropriately to requests.

Hon. Pat Duncan: Honourable senators, my question is for the Government Representative in the Senate. Senator Gold, tomorrow marks three years since Bill C-97, Budget Implementation Act, 2019, No. 1, received Royal Assent in this chamber. Section 387 of that act, the Federal Prompt Payment for Construction Work Act, is still not in force.

Do you have any indication of when this act will come into force, and do you have any information as to what’s holding up the proclamation of this act?

Senator Gold: That’s a good question, and I don’t know specifically the degree or extent or involvement of Indigenous Services with the drafting of this bill. Again, I expect that answer will be easily available at committee.

You raise a larger point, and I raised it in my speech but it bears repeating. We’re dealing here with a situation when we’re focusing on the overrepresentation of Indigenous offenders and those from racialized communities. We are focusing on the criminal justice system, but there is a whole world and history that has led us to this place, and we know it. We, in the Senate, know it well. The Aboriginal Peoples Committee knows it well, and there has been work done on the United Nations Declaration on the Rights of Indigenous Peoples.

We also know, to your point and as I mentioned in passing, that the success of any of these measures depends upon a whole-of-society approach to address our history, and in some cases what is required clearly, as you pointed out quite correctly, is resources: it’s funding. It’s fine to have a diversion program if you are in downtown Toronto or Montreal, but if you are in a much more remote area where there are no resources, no treatment centres, no appropriate facilities, then it is a hollow promise. There have been investments. There need to continue to be investments at the federal, territorial and provincial levels, and within First Nations communities and others.

There are all kinds of ways to capture the idea to not let the best be the enemy of the good. In this case, we have a societal problem and a history that we are trying to tackle. It will take time and generations, perhaps, but every step in the right direction — and this is a step in the right direction in my humble opinion — is worth taking and celebrating. This should be done without fooling ourselves, however, that it is a panacea and without ignoring all the other supports — financial, social and others — that need to be put into place to make this a lived reality and make the improvements in the justice system tangible for Canadians.

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, my second question, again, is for the Leader of the Government in the Senate.

Leader, it concerns Health Canada’s proposed warning label for ground beef and pork, which I raised with the Minister of Agriculture earlier this month at a Committee of the Whole. When she was in the chamber, Minister Bibeau said:

The final decision hasn’t been taken yet, but you can count on me to always advocate for our producers with my colleague the Minister of Health . . .

During Question Period in the House of Commons earlier today, it sounded very much as though a decision has been taken and our beef producers were right, leader, to be worried. In Question Period, the Parliamentary Secretary to the Minister of Health defended these warning labels, indicating Canadians will now have a choice to make an informed decision to limit their saturated fat. Leader, could you confirm that your government is going ahead with warning labels on ground beef and pork?

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question, Senator Plett. No, I am not able to confirm that. To the best of my knowledge, the decision has not formally been taken. However, I can confirm that the government remains committed to providing Canadians and consumers with the information all Canadians deserve to have with regard to the benefits and possible consequences of the food they consume. That would include foods that are high in saturated fat or others that may cause, if eaten in too great a quantity or concentration, some health consequences — at least for some Canadians.

Senator Plett: One thing we can be assured of in your answers is that the government is always concerned. They don’t show that, leader.

As I said, regardless of what the minister said earlier this month, it sounds like the deal is done. Our beef and pork producers and their livelihoods are again being thrown under the bus for an incoherent, inconsistent Trudeau government policy.

Leader, if the Trudeau government slaps a warning label on Canadian ground beef and pork, it will be the only country in the world to do so. I find it strange that there isn’t another country in the world that seems to care about the health of Canadians — only our government. Leader, what do you think that will do to our beef exports worldwide? Last year, Canadian beef exports were worth about $4.5 billion. Do you think a warning label will help our beef exports or hurt them?

Hon. Marc Gold (Government Representative in the Senate): Again, thank you for your question. I don’t have the answer to the amounts that have been contributed through that program.

The government does care. The government is working with the agricultural sector to address the rising input costs and the consequential impact those costs are having on producers. Some of this is beyond the control of any government, being international in nature. However, the government is committed to working with the agricultural sector so as to support them and so that they in turn can not only support the needs of Canadians but flourish as an important industry that contributes to our exports in the world.

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate): Honourable senators, pursuant to rule 4-13(3), I would like to inform the Senate that as we proceed with Government Business, the Senate will address the items in the following order: second reading of Bill C-14, followed by second reading of Bill C-5, followed by third reading of Bill S-7, followed by Motion No. 49, followed by all remaining items in the order that they appear on the Order Paper.

[Translation]

Senator Simons: Much like Senator Jaffer and Senator Pate, I think there is so much tremendous potential in this bill, and you have made an eloquent case for why this is an important and necessary first step.

However, will there be any kind of commitment from the government to use this as a beta case to see how well these changes work and to build upon that and consider a second tranche of charges? Once we have proof of concept, will there be any kind of expectation that the government will build upon this foundation to offer more judicial discretion for the next range of charges?

Hon. Jane Cordy: Honourable senators, yesterday, on Sunday, June 19, we celebrated World Sickle Cell Day and National Sickle Cell Awareness Day in Canada. The recognition of this day has been extremely important and meaningful to the sickle cell community in Canada. Not only does it bring awareness to the disease, but it allows us to celebrate advancement in sickle cell care and it encourages momentum for the work that is left to do.

Since first becoming involved with the sickle cell community through an advocacy event on Parliament Hill in 2013, I have come to know many sickle cell patients, caregivers, supporters and advocates. They speak passionately about their experiences and best next steps to support Canadians living with this disease. The goal is to develop a national strategy for early sickle cell detection and sickle cell care. Honourable senators, I believe this is an achievable goal.

While sickle cell disease is inherited and can affect anyone who has both parents with a sickle cell trait or sickle cell and another hemoglobin trait, it is primarily found in people who are Black, Southern European, Middle Eastern or of Asian-Indian ancestry. It is therefore important to note that systemic racism in health care is, unfortunately, a reality for sickle cell patients. Individuals who present at Canadian hospitals with pain are sometimes treated as drug seekers when compared to their non‑racialized counterparts. Racial injustice in health care must be stopped. The Sickle Cell Awareness Group of Ontario have committed themselves particularly to equitable access to comprehensive standard care across the province.

To those who work so diligently on behalf of Canadians with sickle cell disease, I want you to know that your work, energy and enthusiasm are valued. I would like to express my deepest thanks to Lanre Tunji-Ajayi, Biba Tinga, and Rugi Jalloh for the work they have done and the work they continue to do. I also extend my thanks to MPs Darren Fisher and Dr. Kirsty Duncan for their advocacy for those with sickle cell disease and their families. They work tirelessly to keep sickle cell disease and the needs of those with sickle cell at the forefront. Honourable senators, it seems like most days out of the year are linked to recognizing some particular event or disease. It would be easy to dismiss such bills as frivolous; I assure you, they are not. They mean something.

When National Sickle Cell Awareness Day was passed in 2017, the community was overjoyed. Each new person who is made aware of this disease, donates blood or advocates for legislation moves the needle slightly and allows us to better care for Canadians struggling with the disease. This is the reason that on June 19, we celebrate. I encourage you to take some time to learn about sickle cell disease and to meet and speak with those affected in your communities. I have no doubt you will be as touched by their passion as I have been. Thank you.

[Translation]

Senator Gold: Thank you for the question. Again, these questions are best answered — you can ask them to me; everything is fair game — by the officials who have it.

I used the example to illustrate the point, senator, that in every circumstance, especially dealing with weapons as opposed to prohibited firearms, handguns and the like, there are possibly a range of circumstances.

The point to emphasize is that if circumstances like that arise, then we want judges to have the discretion to do the right thing. It’s true; you quite properly point out that police have discretion; prosecutors have discretion. It’s also true, painfully true, that this discretion is not always exercised in an equitable way in dealing with certain offenders, racialized offenders, Indigenous offenders.

What Bill C-5 does is to give to the judge — who is faced with a decision that has been made by police, by prosecutors, to lay a criminal charge in the case of a prohibited weapon — the discretion to tailor the sentence to the circumstances of the case. That is what judges should do, and I think that’s why Bill C-5 is worthy of our support.

Senator Gold: Thank you for the question. It’s clear that the bill was guided by the need to give judges the ability to appropriately apply the Gladue principles.

The bill is also clearly a response to the real and shameful problem of overrepresentation of Indigenous women and Canadians from marginalized communities in prisons.

At second reading, the objective is to present and debate the principles of the bill, and, if the Senate so desires, to support the bill. The next step would be to refer it to committee, which can then get to work, delve into the details, and call the minister and his officials to testify and answer more specific questions.

I encourage you to participate in the process. All senators have the right to attend and participate, even if they are not members of the committee. This is how we can adequately respond to your valid and legitimate questions.

[English]

Hon. Michèle Audette: Kwei, honourable senators.

I rise today to recognize and honour a First Nations man who has become the highest-ranking member of the Canadian military. Lieutenant-General Jocelyn Paul is now commander of the Canadian Army.

On June 16, I attended the change of command ceremony where Lieutenant-General Paul assumed command of the Canadian Army. I have said this before, but it bears repeating: I am fiercely proud that a Wendat is now the highest-ranking member of the Canadian Army.

Again, this is a historic moment. I was deeply moved by the fact that an institution was promoting Indigenous spiritual and cultural practices. It was eye-opening and inspiring. Don’t worry, colleagues, I will tell you all about it soon.

This historic moment is due to an ordinary man from Wendake, a Wendat who has distinguished himself through a brilliant and notable career in the Canadian Armed Forces, Lieutenant-General Jocelyn Paul. Those close to him simply call him “Joe.”

Jocelyn Paul has an extensive university education, having earned a master’s degree in anthropology in Montreal. Now that education will enable him to counter the misinformation he faces, when he is accused of working for the enemy.

In an interview with Radio-Canada upon accepting the position of commander, he said, and I quote:

 . . . the alliances that Indigenous communities forged with Europeans when they came to this land . . . were both commercial and military. Our ancestors have always defended the boundaries of the colony.

It was a historic moment, and it is important for people to hear about gentle warriors like Lieutenant-General Paul.

Tshinashkumitin. Thank you. Tiawenhk.

[English]

Hon. Mary Jane McCallum: Honourable senators, I would like to thank the Conservatives for allowing me this spot.

As tomorrow is National Indigenous Peoples Day, I would like to pay special tribute to First Nations across the country. I have long enjoyed the privilege of having a close link to community and grassroots people, specifically with the First Nations that reside in Manitoba. It is these very people whom I reference when I speak of the “collective Mary Jane” that I bring with me into my Senate work. It is also they who direct and guide me in the many initiatives I bring forward in both the chamber as well as committee.

As such, this National Indigenous Peoples Day I wish to acknowledge and praise the resiliency and ingenuity of these people, those who are far too often overlooked and underestimated. Colleagues, I often speak of the interjurisdictional gaps that First Nations face, gaps which oftentimes exacerbate the many issues they combat in their daily lives.

Living under the Indian Act and on federal land under federal jurisdiction while simultaneously being subjected to provincial jurisdiction and authority, First Nations face a unique and complex bind that often impedes their progress. However, make no mistake, First Nations are willing and able to rise up, address and overcome the many issues that plague them. I know this to be true because I see their capabilities every day.

First Nations are strong, wise, intelligent, responsible and resourceful. They are lawyers, scholars and doctors. They are the women who are respected knowledge keepers. They are bright-eyed youth who are motivated to become agents of change and create a better future for not only themselves but also the seven generations that will follow.

Yes, jurisdictional gaps and legislative constraints have come together to limit First Nations’ progress in many areas. This is a reality we, as senators, should all continue to be aware of and work towards unbraiding as we debate and vote on future legislation.

Let me tell you, honourable senators, First Nations people are unlike any other on this planet. When met with unimaginable hardships, they have shown they are capable of doing much more than survive. When given the chance to, they have shown that they will prosper and thrive.

Kinanâskomitin. Thank you.