Senator Boisvenu: Is the RCMP required to respect Canadian laws, yes or no?

Hon. Mobina S. B. Jaffer: Minister, thank you for being with us in the Senate of Canada. I also want to tell you that I miss you, and want to thank you for helping me with so many files on vulnerable women and children. Thank you, minister.

My question follows upon Senator Pate’s questions. The rates of incarceration of Indigenous women have skyrocketed over the past decades. Nearly half of the women in federal prisons are now Indigenous, and almost 10% are Black. Your mandate letter includes commitments to reconciliation and addressing systemic racism in the criminal legal system.

Minister, you have spoken so eloquently today on the legal system and the challenges within it. We know that one of the challenges is mandatory minimum sentences. Your government has brought forward Bill C-5 that looks at only 14 offences subject to mandatory minimum sentences. Will you give us a commitment to looking at how we can increase the number of offences exempt from mandatory minimum sentencing?

The Hon. the Speaker: I’m sorry to interrupt you, senator, but the minister has arrived, so we will now proceed to Question Period.

Senator Housakos: Minister, that’s very reassuring, actually. I appreciate that answer. It’s a good first step to recognize foreign interference and influence in various institutions in this country by various nefarious states around the world.

Would your government be supportive of a foreign influence registry, as proposed in Bill S-237 tabled in this chamber, that would force agents acting on behalf of foreign states and trying to influence our institutions and our democracies to register in the proposed registry so they are transparent and accountable?

I agree that this is a pressing and urgent issue and that we have to be vigilant and that we should be open to considering all of the tools so that our national security apparatus can protect our national security both here and abroad.

Hon. Marco E. L. Mendicino, P.C., M.P., Minister of Public Safety: Thank you for your question, senator, because it’s a very important one these days. As you know, yesterday, Minister Guilbeault made an important announcement about what we need to do to accelerate progress on climate change. We must invest $8.1 billion to make more progress on green infrastructure. I hope that this funding will help transform government services, including within my own department, the RCMP and the Canada Border Services Agency, along with all of the other agencies in my portfolio. For example, vehicles and the transportation industry account for a lot of emissions. I think there is a huge opportunity to use federal investments to accelerate our efforts to reduce GHG emissions and work harder on climate change.

[English]

Hon. Marco E. L. Mendicino, P.C., M.P., Minister of Public Safety: Thank you, senator, for the question. Our rationale for invoking the act, in short, was that it was necessary, and the necessity of invoking the act manifested in the challenges posed by the efforts of those participating in the illegal blockades, which created significant interruptions to not only our economy but also public safety across the country. In Coutts, for example, there were very serious charges laid under the Criminal Code, and here in Ottawa, the illegal occupation laid siege to public safety for a number of weeks. While I agree that there were laws that were on the books, what’s important, senator, is that those laws, at the time of the illegal blockades and occupation, were not effective at restoring public safety.

It was only after careful deliberation and after the advice that had been offered by all levels of the police service — including the commissioner of the RCMP, the commissioner of the Ontario Provincial Police and the president of the Canadian Association of Chiefs of Police — that we invoked the act. We invoked it because existing authorities were not effective. Yes, we reached deep into the tool box to use the Emergencies Act for the first time, but it was used responsibly and with restraint, and it helped to restore public safety.

Hon. Salma Ataullahjan: Honourable senators, I give notice that, at the next sitting of the Senate, I will move:

That the papers and evidence received and taken and work accomplished by the Standing Senate Committee on Human Rights during the First Session of the Forty-second Parliament and the Second Session of the Forty-third Parliament as part of its study of issues related to human rights be referred to the committee.

Hon. Tony Loffreda: Thank you, Minister Mendicino, for joining us today. My question is on cybersecurity. This is an issue that touches all aspects of our lives. We live in an increasingly complex digital world, and we cannot afford to take cyberthreats lightly. You tabled your departmental plan for 2022‑23 earlier this month. In it you’ve made commitments related to cybersecurity, including continuing your work on a critical cybersystems framework to protect our cybersystems in the finance, telecommunications, energy and transportation sectors.

In this rapidly evolving ecosystem, can you elaborate further on what potential initiatives or approaches have been identified to strengthen Canada’s resilience to new threats, hazards and risks? What is the level of concern?

Hon. Marco E. L. Mendicino, P.C., M.P., Minister of Public Safety: Thank you very much, senator, for the question. I would begin by stating that we are on an appropriately high alert for potential attacks against our cyberinfrastructure. We are living in a very unique moment right now where there are geopolitical events, including in Ukraine but also elsewhere — even here on Canadian soil with the events over the past number of weeks and months — that require that we put in place the necessary investments, tools and supports to ensure that we can protect our cyberspace.

It’s important that — as you pointed out — we move forward with the legislation that gives the appropriate supports for our national security apparatus but, equally, that we work closely with the private sector. Essential work is being done by the Communications Security Establishment, or CSE, and the Canadian Centre for Cyber Security to ensure there is education and support in the way of smart cyberhygiene around two-factor password authentication — as well as good, smart practices when it comes to using our mobile devices and other sensible approaches — so that we can ensure that our national interests, security and economy are protected and we can continue to grow and advance with all of the opportunities that lie before us.

Hon. Brian Francis: Minister Mendicino, in 2019 we passed legislation to expedite and reduce barriers for the suspension of records for simple possession of cannabis. Not long ago, the CBC reported that, of the 10,000 people the government initially estimated would be eligible, only 484 suspensions have been granted so far. Minister, given the low uptake of the program after three years, is there any thought of revisiting the program to make criminal record relief more accessible, especially for Indigenous people as well as racialized and marginalized communities?

Hon. Marco E. L. Mendicino, P.C., M.P., Minister of Public Safety: Thank you, senator. I would begin by saying that I am very open to that concept, and I have had conversations with a number of your colleagues in this chamber as well as with parliamentarians in the other place. As I said earlier, I feel very strongly that we have to look at ways to continue to reform our criminal justice system in a way that gives access to justice and ensures that inmates have every opportunity to rehabilitate themselves.

I think one element of that is by looking at the pardon system that we currently have. In fact, I recently spoke with the Chairperson of the Parole Board of Canada, or PBC — just today, as a matter of fact — and this issue came up.

I assure you it is very much on my radar, but I don’t want to leave you or others in this chamber with the impression that we’re sitting idly by while we contemplate that. We’ve reduced barriers already.

For example, we reduced fees from what they used to be at $650 to $50. This will, we think, enhance access so that those who have fulfilled their sentence and obligations within our correctional services system have every opportunity to reintegrate into their communities, seek gainful employment and be positive contributors back in society. That has to be a pillar that underscores our criminal justice system.

[Translation]

Hon. Jean-Guy Dagenais: Minister, a few weeks ago in Quebec City, you acknowledged yet again that your government must do more with respect to gun control.

I have to tell you that I am somewhat frustrated by this political rhetoric that does not translate into action, even though action is urgently needed. This is not the time to be holding summits on violence; it is time to take concrete action on the ground.

As a former police officer, I know — just as you surely do, unless you have poor advisers — that the guns are arriving from the United States through the Akwesasne reserve, where your government has no right to intervene.

Why not use the information you have to carry out targeted operations around the reserve, in Quebec and Ontario? Are traffickers still free to cross through the Akwesasne reserve because the government has no courage, or is it because the government is afraid of how Indigenous people will react?

Hon. Marco E. L. Mendicino, P.C., M.P., Minister of Public Safety: We need to work together with Indigenous communities, even in Quebec, where I know the Canada Border Services Agency, the RCMP and the Sûreté du Québec continue to work with this community to prevent illegal firearms trafficking.

You are right. The work isn’t easy, and there are complications. That’s one of the reasons I travelled to the United States last week to accelerate and strengthen our collaboration with our American counterparts. I believe that there is an opportunity to make further progress on this issue by making investments, and that is one of the things our government promised.

We have to focus on efforts on the ground and invest the necessary resources. We have to be able to provide all the tools to those on the front lines so they can stop firearms at the border.

[English]

Hon. Marco E. L. Mendicino, P.C., M.P., Minister of Public Safety: Thank you very much for the question, senator, and thank you for underlining the scourge of human trafficking, which disproportionately impacts Indigenous women and young girls, as we saw painfully laid out in the MMIWG report, which is one of the reasons why we’re committed to implementing the recommendations that are in it.

I was just in British Columbia a little less than two weeks ago to make an announcement of approximately — and I don’t want to mislead you — but I think it was $3 million to $5 million that was going directly to The Salvation Army and a partnering organization to combat human trafficking on the ground. This is part of a broader investment which we have allocated specifically to reduce human trafficking; I don’t know if you know the statistics, but 90% of all of the victims of human trafficking in Canada are women or young girls, which is truly a shocking number.

I assure you that this is a top priority. I assure you that we are allocating funds to meet that challenge and to provide support to those victims of human trafficking so that they can find their way back into communities safely and securely. I assure you that we are continuing to provide law enforcement with all the tools that they need to fight this scourge.

[Translation]

Hon. Salma Ataullahjan: Minister, the 2019 Final Report of the National Inquiry Into Missing and Murdered Indigenous Women and Girls noted that while Indigenous women represented only 4% of Canada’s population in 2016, they comprised nearly 50% of victims of human trafficking. In September 2019, just before the federal election that year, the Trudeau government reinstated the National Strategy to Combat Human Trafficking after cancelling the previous Conservative government’s strategy in 2016.

Minister, how much of the $75 million under your government’s strategy has been allocated to directly help and protect Indigenous women and girls against human trafficking? How has this funding been allocated?

Hon. Pamela Wallin: Minister, when testifying last night before the Special Joint Committee on the Declaration of Emergency. The Honourable Perrin Beatty, the architect of the act said:

Emergencies legislation is designed to be legislation of last resort. It’s explicit on that. It is designed to be used when there is no other legal authority available.

Now that it has been used, it has become easier to invoke. You must not define down the threshold at which extraordinary powers are used to curtail civil liberties.

He continued:

That it made law enforcement easier is clear. However, the issue is whether the deliberately high threshold was met, not whether the powers given were useful.

Of course, the police have said that it was a useful deterrent. The Prime Minister said that he didn’t like or agree with the people. You have said the security of the nation was at stake. Many others have said it was unnecessary as the police had existing powers.

Minister, what then was your government’s actual rationale for invoking the act? It’s a precedent. Please state it as simply and clearly as possible. Thank you.

Hon. Rose-May Poirier: Minister, my question for you concerns your government’s firearm buyback program. Almost a year ago the Parliamentary Budget Officer, or PBO, reported this program will cost up to $756 million to buy back close to 518,000 firearms, three times the amount your government had estimated. In addition, the PBO figure did not include the cost to administer the program due to a lack of details about this program from your government.

Minister, do you dispute the PBO’s figure? And could you also tell us how much the firearm buyback secretariat has spent to date on its operations and salaries?

(Response to question raised by the Honourable Ratna Omidvar on November 24, 2021)

Insofar as Immigration, Refugees and Citizenship Canada (IRCC) is concerned:

IRCC recognizes that many at-risk Afghans remain in Afghanistan, and are unable to leave. Our officials are working tirelessly to secure new partnerships and address constraints that limit the mobility of vulnerable groups. Due to the precarious security situation in Afghanistan, Canada does not have a presence in Afghanistan and is unable to collect biometric information in-country at this time. This has impacted our ability to complete a full admissibility screening of individuals prior to departure from Afghanistan. However, innovative screening approaches are being considered to address this issue.

Crossing Afghanistan’s border is also dangerous. IRCC has established partnerships to find avenues for the resettlement of individuals from within Afghanistan. IRCC is working closely with our referral partners, Front Line Defenders and Protect Defenders, who have been able to facilitate the movement of some human rights defenders to neighbouring countries. IRCC is also in contact with the Veteran’s Transition Network (VTN) regarding their operations on the ground in Afghanistan.

The government continues to benefit from lessons learned from Operation Syria relating to large-scale refugee initiatives in order to effectively leverage support from partner organizations.

The Government of Canada remains committed to bringing as many vulnerable Afghans as possible to safety.

(Response to question raised by the Honourable Pierre-Hugues Boisvenu on November 25, 2021)

CSC, as part of its mandate, strives to ensure that victims of crime are treated with compassion and respect. The death of Marylène Lévesque was a terrible tragedy. CSC has offered its condolences to the Lévesque family, and has reached out to the family to inform them of the conclusion of the joint board of investigation. Out of respect for the family, it would be inappropriate to comment further.

(Response to question raised by the Honourable Marilou McPhedran on November 30, 2021)

Insofar as Immigration, Refugees and Citizenship Canada (IRCC) is concerned:

Afghan refugees, both government assisted and privately sponsored, have been arriving in Canada on regular commercial and charter flights since September 2021. In December 2021, two incoming flights of privately sponsored refugees (PSR) arrived in Toronto, carrying approximately 535 persons. IRCC is expecting a significant number of arrivals throughout 2022 as conditions allow.

IRCC, with the support of Global Affairs Canada, aims to facilitate the safe passage and resettlement of at least 40,000 vulnerable Afghan nationals. Emphasis continues to be placed on persons and their families who supported Canada and our allies over the past two decades, as well as women, LGBTQI people, human rights defenders, journalists and members of religious and ethnic minorities.

The Government of Canada does not ask a person’s occupation as part of this humanitarian initiative, and therefore is unable to provide data on the number of female athletes resettled, but remains firm in its commitment to welcome refugees and vulnerable Afghans to Canada.

As of January 18, 2021, approximately 7,140 Afghan nationals arrived in Canada: approximately 4,292 under the Special Immigration Measures, and approximately 2,850 under the humanitarian program. All key statistics, updated regularly, may be found on IRCC’s website at: https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/afghanistan/key-figures.html

(Response to question raised by the Honourable Jane Cordy on December 2, 2021)

CSC has zero tolerance for harassment, violence or racism of any kind. All allegations of misconduct are thoroughly investigated regardless of the source and disciplinary actions are taken when appropriate.

CSC takes very seriously the results of the 2021 National Employment Equity Survey of Women Employees. As stated in the minister’s mandate letter, we will ensure that federal correctional institutions are safe and humane environments free from violence and sexual harassment for offenders and employees.

As part of its efforts, CSC created its first National Working Group for Women Employees to identify the barriers faced by women in CSC, and to develop an action plan to address the challenges identified. Additionally, CSC continues to offer a number of support services to employees and has launched a Respectful Workplace Campaign to promote awareness and educate employees on the different ways to disclose inappropriate behaviour.

Commissioner Kelly also held six virtual town hall discussions on the results of the survey earlier this year. The National Working Group will review the issues, ideas, and suggestions raised at the town halls to identify issues and initiatives for further action. An action plan, based on the input heard, will be forthcoming as well.

(Response to question raised by the Honourable Salma Ataullahjan on December 2, 2021)

Insofar as Immigration, Refugees and Citizenship Canada (IRCC) is concerned:

In anticipation of new Afghan arrivals, Immigration, Refugees and Citizenship Canada (IRCC) is working to ensure that the capacity and resources are in place to address the immediate needs of Afghan newcomers, as well as the longer term supports required.

Upon arrival to Canada, government-assisted refugees are housed in hotels for the two-week quarantine period. During this stay, they benefit from many on-site social services made possible by both government and service provider organizations, including the provision of essentials, meals, toiletries, clothing and sundries. A variety of orientation and information sessions in their dominant language (Dari and Pashto) and medical services, including COVID-19 monitoring and vaccinations are available.

Post-quarantine, clients are settled in permanent accommodations, in some cases they may continue their stay in designated hotels until permanent accommodations that meet the needs of the family (e.g. large family size) become available. While in temporary accommodation (including hotels), they continue to receive services, such as building on those received during the quarantine period, including basic orientation to Canada, life skills training, language training, employment-related services, financial orientation and help finding permanent housing. Dozens of organizations and individuals have provided an array of help to new Afghan nationals arriving in Canada.

(Response to question raised by the Honourable Paula Simons on December 7, 2021)

Insofar as Immigration, Refugees and Citizenship Canada (IRCC) is concerned:

IRCC signed a Memorandum of Understanding (MOU) with the Manmeet Singh Bhullar Foundation (MSBF) in August 2021 to support the resettlement of Afghan Sikhs and Hindus currently in India.

The last of the applications under this MOU were received in November 2021 and it is anticipated that a significant proportion of the referred cases will arrive in Canada in early 2022.

IRCC continues to update MSBF on a regular basis to provide the latest information on the status of cases under this MOU.

We have also expanded our partnership with MSBF to resettle hundreds of additional Afghan Sikhs and Hindus within and outside of Afghanistan. IRCC is working hard to put the required measures in place for this increased effort.

We must also strike a balance in how we process applications from all of our clients while we contend with the demands that the situation in Afghanistan as well as the COVID-19 pandemic have placed on IRCC. These situations have also caused varying country conditions. As such, departures may be delayed or may not be possible from all locations. However, IRCC will continue to take quick action to ensure that Canada can uphold its humanitarian tradition and commitment to resettlement.

(Response to question raised by the Honourable Ratna Omidvar on December 8, 2021)

Insofar as Immigration, Refugees and Citizenship Canada (IRCC) is concerned:

Afghan refugees, both government assisted and privately sponsored, have been arriving in Canada on regular commercial and charter flights since September 2021. In December 2021, four incoming flights of privately sponsored refugees arrived in Toronto, carrying approximately 1,015 Afghans, and approximately 265 government-assisted refugees arrived in Halifax.

On January 11, 2022, 252 Afghans arrived in Calgary, on a charter flight from Pakistan. Of these, 170 clients were Human Rights Defenders. IRCC continues to plan for charter flights in the near future.

Parliament approves the annual immigration levels plan, which allocates targets and associated funding to each immigration program line of business. The department establishes application caps for some streams in the privately sponsored refugees program as a way of managing application intake, resulting inventories and processing times. At the same time, we welcome the support of many Canadians who want to lend a hand.

IRCC is continuing, with the support of the whole of the Government of Canada, to facilitate resettlement of at least 40,000 vulnerable Afghan nationals, emphasizing individuals who supported Canada and our allies over the past two decades, women, LGBTQI people, human rights defenders, journalists and members of religious and ethnic minorities.

(Response to question raised by the Honourable Pierre-Hugues Boisvenu on December 9, 2021)

The CRA is committed to ensuring that individuals receive only the benefits to which they are entitled, while protecting the integrity of the COVID-19 support program. Safeguards are embedded within the CERB application process to verify an applicant’s eligibility and the CRA has implemented additional controls requiring closer scrutiny of certain applications before they are processed. In terms of suspicious and ineligible benefit claims, as the analysis work is still ongoing, the CRA is not able to provide the number of suspicious claims related to CERB or the amounts associated with them.

Dealing with complex suspected cases may require several months of review and verification. In some cases, the CRA will ask taxpayers to provide documents and information that will need to be authenticated before they can continue with audits. In other cases, the CRA will identify suspicious transactions and take other preventive measures.

To ensure effective coordination of identity theft prevention, detection and response activities, the CRA works with the Royal Canadian Mounted Police, the Canadian Anti-Fraud Center and local police to investigate suspicious incidents.

(Response to question raised by the Honourable Pierre-Hugues Boisvenu on December 9, 2021)

CSC remains diligent in the prevention of fraudulent financial transactions by inmates.

In addition to the protocol established with Employment and Social Development Canada (ESDC), CSC has a Deposit Validation Protocol that prescribes comprehensive procedures for the authentication and verification of funds that originate from outside sources and are sent to inmates.

In order to confirm inmates’ eligibility to receive such funds, CSC has signed an information sharing protocol with ESDC.

If it is determined that an inmate is not eligible to receive such benefits, the cheque is returned to the issuing department or agency.

As of January 4, 2022, there have not been any reported cases of federal inmates who have been recently released from a federal institution and who have engaged in such criminal activities. Regardless, CSC has zero tolerance for such behaviour and should any cases be brought to the Service’s attention, it will take appropriate action.

(Response to question raised by the Honourable Chantal Petitclerc on December 17, 2021)

CSC works to provide equality of access so that incarcerated individuals of all abilities, to the extent possible, have access to programs and services deemed necessary to their rehabilitation and wellbeing.

In all of its institutions, CSC works to accommodate the mobility and health care needs of its inmates. Local health care providers assess incarcerated individuals who require health and mobility assistance on an ongoing basis, while the services and devices that are provided to them meet community standards.

At Grand Valley Institution (GVI), accessible options for bathing exist in all levels of security, which include the use of ramps, access to roll-in showers or tubs with grab bars and bathing stools. Additionally, GVI offers the option of bathing with assistance from a registered nurse (RN) or personal support worker (PSW).

GVI currently has wheelchair-accessible cells that are available and offered to those with accessibility needs. Incarcerated individuals may be offered an alternative cell if the conditions of their current arrangement do not meet their accessibility needs.

CSC’s accessibility teams are currently developing an accessibility strategy and the Service will undertake an accessibility audit of its portfolio.

(Response to question raised by the Honourable Claude Carignan on February 10, 2022)

The Government of Canada remains committed to delivering on the Canadian Coast Guard’s fleet renewal plan. This includes selecting a third shipyard as a strategic partner under the National Shipbuilding Strategy to support this work.

The evaluation team continues to rigorously assess the proposal Chantier Davie submitted against the request for proposal. This is a complex, multi-step qualification process and it is imperative that we get it right. We are making every effort to finalize this process as soon as possible, while ensuring best value for the Government of Canada and all Canadians. Contracts and delivery dates for the icebreakers will be negotiated with the shipyard should it be successful in the qualification process.

Hon. Leo Housakos (Acting Leader of the Opposition): Minister, you are now the third minister for public safety to hold this portfolio since the Trudeau government began its 5G security review in September 2018. Multiple times since, your government has promised Canadians that a decision was coming in regard to banning Huawei from our 5G. We were told that we would get a decision before the 2019 election, and we were told again that we would get a decision after the 2019 election. Of course, we’re still waiting.

The endless delay and indecision from your government has gotten to the point that, earlier this month, Huawei actually trolled your government on Twitter asking, “What’s the opposite of being banned?” The Government of Canada is being openly mocked by Huawei, minister, and still we have heard nothing from the government. Minister, when will the NDP-Liberal government come to a decision, yes or no? Will we ban Huawei once and for all?

Hon. Raymonde Saint-Germain: Minister, I want to get back to the topic of cybersecurity. You said that the government has deployed a number of measures, and that was affirmed in the unanimous report that the National Security and Intelligence Committee of Parliamentarians issued in February. However, the committee also noted that such threats to democracy are intrusive and pervasive, and that the most sophisticated threats come from state actors. There is the potential that Russia could take retaliatory action in response to the sanctions that Canada implemented because of Russia’s invasion of Ukraine.

In light of that information, are you looking at taking further action to detect attacks and enhance security to better protect the sensitive information the Government of Canada has on Canadians, businesses, and energy and environmental development strategies?