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Decentralized Democracy

Senate Volume 153, Issue 15

44th Parl. 1st Sess.
February 8, 2022 02:00PM
  • Feb/8/22 2:00:00 p.m.

Senator Gold: I will certainly pass on that request. Thank you again for your question.

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Hon. Marc Gold (Government Representative in the Senate): It would be my pleasure to do so. Thank you for the question and for raising this important program that benefits so many Canadians with a disability.

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  • Feb/8/22 2:00:00 p.m.

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

That the Standing Senate Committee on Agriculture and Forestry, in accordance with rule 12-7(10), be authorized to examine and report on such issues as may arise from time to time relating to agriculture and forestry; and

That the committee report to the Senate no later than December 31, 2023.

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Senator Harder: We all know that Special Olympics provide many benefits, such as providing sports programming at low or no cost to families. They also give back to Canadian communities, providing more than$7 of social benefits for every dollar invested.

The next Special Olympics World Winter Games are less than a year away. In making his representations, I wonder if the Government Representative would appeal to the Minister of Finance to include a provision for this $1.8 million to be continued in the next budget.

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Hon. Frances Lankin: Senator Pate, thank you very much for bringing forward this bill.

As you and I know, many of us have been working on this for many years. I think of the work of Evelyn Forget in trying to finally bring together the research from the Dauphin, Manitoba project. I think about the changes that have been made, and the calls and some sort of patchwork from the Eggleton-Segal report. I think about the report on social assistance reform in the province of Ontario, which called for enhancement of the disability benefit and a basic income. Those were over the years. I think of P.E.I. more recently being interested in exploring this.

It doesn’t matter the political stripe of the government in power over all of these decades that we have been fighting for this; there is a stop — a hard wall. It seems to come from the Finance Department. I’m not blaming bureaucrats; they have their interests, reasons, philosophy, ideology and whatever. I want to understand it better, because I have never gotten a straight answer from them. They talk about the problems of design, but those are problems to be solved.

Have you, in your discussions with the minister or the department, gotten any clear information about why they continue to say “no” and won’t pursue what so many Canadians think is a much more inclusive and much more deliberately compassionate social policy?

Senator Pate: I wish I had a clear answer for you. My answer is “No, I have not received clear understanding,” hence the reason I spoke about many of the myths and stereotypes about poor people and the assertions that, in fact, CERB has significantly impacted the labour situation in this country when all of the available evidence to the government and beyond reveals just the opposite.

The only thing I have heard is that some have said, “Well, that’s not the legacy project this particular government or any government was looking for.” I think that’s beyond regrettable.

As we’re seeing outside the doors of this chamber right now, people’s frustration with their inability to navigate throughout this pandemic is rooted in the evisceration of social, economic and health policies over decades, and then is being used — I would argue is being appropriated — by some with very extreme horrific views, and they are exploiting people who are very much struggling to get by.

It’s imperative that not just the government, but all of us, look at how we move forward on this. I thank you very much for all of the work you have done historically, both in this chamber and before being in this chamber in the work you did provincially, municipally and throughout the country.

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Hon. Pierre J. Dalphond: Honourable senators, I rise to speak to the bill introduced by Senator Carignan, Bill S-220, An Act to amend the Languages Skills Act (Governor General). I gather that the motivation behind it is the importance of maintaining solid ties between francophone Canada and our federal symbols.

From the outset, I would like to acknowledge that we are gathered on the traditional unceded territory of the Algonquin Anishinaabe nation, as noted by the Right Honourable Mary Simon in the introduction to the Speech from the Throne:

This land acknowledgement is not a symbolic declaration. It is our true history.

[English]

Canada’s first Indigenous Governor General’s words remind us of this truth, helping guide us forward together, towards reconciliation. Fundamental to this path is a greater understanding of the First Peoples who thrived in these lands before colonists from Europe arrived, as well as a greater understanding of the events that followed.

In her speech, Her Excellency stated:

Reconciliation is not a single act, nor does it have an end date. It is a lifelong journey of healing, respect and understanding. We need to embrace the diversity of Canada and demonstrate respect and understanding for all peoples every day.

Embracing and reflecting the diversity of the peoples of Canada in our federal institutions can be a challenge with our complex history and evolving reality. Language requirements for appointments in high positions may easily become a delicate subject.

[Translation]

Need I point out that section 16 of the Canadian Charter of Rights and Freedoms states that English and French are the official languages of Canada? This statement is important to millions of Canadians, not just francophones. It is also true that French is still under constant threat and pressure in Canada, even within Quebec. Francophones in Canada know there have been various attempts to assimilate them ever since Lord Durham’s report came out in 1839. They want to protect and promote their language, their culture and their identity in Canada, and rightfully so.

[English]

Like most Canadians, I also acknowledge Canada’s terrible history of trying to assimilate Indigenous peoples, including suppression of Indigenous languages. As a francophone, I recognize the urgency and need to support the protection and revitalization of Indigenous languages.

In 2019, Parliament’s passage of Bill C-91, the Indigenous Languages Act, provided some meaningful action, and the Senate should work to ensure that this new law is successful.

Indeed, section 22 of the Charter makes clear that having two official languages does not derogate from Indigenous language rights. Former Senator Joyal highlighted this point in advocating for the use of Inuktitut in the Senate, a language with interpretation available here with prior notice since 2008. Today, I am glad to have Inuktitut spoken at Rideau Hall.

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By appointing for the first time an Indigenous person as Governor General of Canada, acting on the recommendation of Prime Minister Justin Trudeau, Queen Elizabeth II recognized the historical place of our own First Peoples in the history of this country. This appointment is in perfect continuity with other significant gestures made since 1952.

As some of you may remember — but not that many — on February 1, 1952, then-prime minister Louis St. Laurent announced that King George VI had approved his recommendation to appoint Vincent Massey of Toronto as the first Canadian-born Governor General. It was a landmark first step to Canadianize the office. Nobody would accept today the appointment of a British aristocrat to hold the office.

It was Massey’s intent as Governor General to work to unite Canada’s diverse cultures. He travelled extensively across the country and delivered speeches promoting bilingualism, some 20 years before the official policy.

[Translation]

In 1959, the appointment of Georges Vanier as the first francophone Canadian Governor General on the recommendation of Prime Minister John Diefenbaker marked another milestone. The first thing he did was add French text to the plaque at the entrance to Rideau Hall. During his tenure, Vanier made much of cooperation between francophone and anglophone Canadians. In one of his last speeches, he said, and I quote:

The road of unity is the road of love: love of one’s country and faith in its future will give new direction and purpose to our lives, lift us above our domestic quarrels, and unite us in dedication to the common good.

Another landmark moment was the 1984 appointment of Jeanne Sauvé, a Saskatchewan-born francophone, on the recommendation of Prime Minister Pierre Elliott Trudeau. She was the first woman to serve as Governor General. In an effort to further Canadianize the office, she asked to be greeted with O Canada rather than the royal anthem.

[English]

In 1999, the appointment of Adrienne Clarkson — born in Hong Kong in 1939 before her family took refuge in Canada in 1942 — was a recognition of Canada’s diversity and a powerful signal to new Canadians that they can achieve the highest position in their new country.

This message was reiterated in 2005 by the appointment of Michaëlle Jean, born in Port-au-Prince, Haiti, who was 11 when her family fled a dictatorial regime to settle in Montreal. Moreover, for the first time, a woman serving as Governor General was succeeded by another woman.

The appointment in July 2021 of Her Excellency the Right Honourable Mary Simon, born and raised in Nunavik, the Arctic part of Quebec, is another such historic milestone.

For the first time, the position of Governor General is now held by a person from among the Indigenous peoples who have inhabited the lands of this country from time immemorial. I truly support this appointment and hope that it will help to break some of the many barriers imposed on the First Peoples of this country.

I now come to Bill S-220. Its objective, as I understand it, is to restrain the discretion of a prime minister in recommending future holders of the office. In my view, this should be done in a way that is respectful of all the milestones accomplished since 1952.

In other words, I understand the objective of the bill to be that the selection process of future nominees to this office should aim at finding people who are knowledgeable about Canada’s history and cultures, committed to truth and reconciliation, respectful of the inherent equality and dignity of all people and peoples and committed to uplifting our two official languages as well as Indigenous languages. This objective, as so defined, I support.

Incidentally, this objective when so defined reflects the values of the Constitution Act, 1982, including the Charter of Rights and Freedoms, which is now a key part of the Canadian fabric.

Let me now comment on some aspects of this bill before committee study, preferably at the Legal and Constitutional Affairs Committee.

[Translation]

First, Senator Carignan proposes to achieve this objective by amending the Language Skills Act. However, I wonder if that is the right legislative vehicle. As you know, this law concerns what we call the “officers of Parliament,” who are appointed by the House of Commons and the Senate, such as the Auditor General, the Chief Electoral Officer, the Commissioner of Lobbying and others.

That is not the case for the Governor General, who is appointed by the sovereign upon the recommendation of the Prime Minister. In fact, we are dealing here with one of the last true royal prerogatives, concerning duties that are clearly distinct from those of all other officers of Parliament. To achieve the objective I described earlier, wouldn’t it be more appropriate to amend the Governor General’s Act?

By the way, I would express the same reservations if a bill proposed to amend the Language Skills Act to include Supreme Court justices. In my opinion, that objective would have to be achieved by amending the Supreme Court Act.

Second, the bill focuses solely on the language skills of candidates for the position of Governor General. Although that is an extremely important aspect, as I said earlier, I believe that the Prime Minister should consider people who can also demonstrate, through their past experience and undertakings, that they support all the elements that I described or have ties to them, including Indigenous peoples and reconciliation.

Third, I believe that the committee responsible for studying this bill should verify the constitutional validity of a law that would significantly restrain the Prime Minister’s discretionary power, which is an important element in the process for having the Governor General appointed by the sovereign. I suggest that the committee hear from legal experts on this issue.

[English]

In conclusion, colleagues, I support the idea of delineating the discretionary power of a prime minister in connection with the appointment of a governor general in a way that builds on all the milestones that I have referred to, with an inclusive and forward-looking spirit. However, I have reservations about the means proposed to achieve it. Thank you, nakurmiik.

(On motion of Senator Duncan, debate adjourned.)

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  • Feb/8/22 2:00:00 p.m.

Senator Carignan: How can the Prime Minister criticize Air Canada’s CEO for speaking in English only at a press conference and asking journalists to ask questions in English only, while at the same time accepting such behaviour from his minister?

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Hon. Frances Lankin: Honourable senators, I wish to start by saying thank you to Senators Cordy and Coyle for such beautiful tributes to Alexa. Senator Coyle, you took half of my speech, so I will just speak from the heart. I don’t often talk about my role in partisan politics from the past, but I spent many important years in my life in the New Democratic Party. Alexa was certainly an immense presence as a leader.

By the way, the media continue to refer to her as the first woman elected as the leader of a major political party provincially in Nova Scotia, but — and not to take all the credit due to her away — that’s not quite true. Hilda Watson from the Yukon was the first woman leader of a provincial party, the Conservative Party of the Yukon.

I had the opportunity to work on Alexa’s leadership campaign. I was a fervent supporter. I believed in her vision of social justice, equity and feminism. I believed in all that she had to bring to purposeful, quiet and important deliberations on the topics of the day.

She was a gentle soul with an iron will to continue to move ahead, but she also had a love of all, and that’s been expressed by my colleagues.

We have seen so much loss over the last few years, and it’s hard in this disquieted world that we’re in to take a moment to stop and think. But I had the opportunity to do that about Alexa, and it also made me think of my other favourite female federal leader in the NDP, Audrey McLaughlin, who was a dear friend to Alexa as well and with whom I was also able to work on her leadership campaign.

But this loss is hard. On Saturday night I saw the headline flash across my phone of another loss, and that was John Honderich, at 75, former publisher of the Toronto Star and chair of the board. Again, on a personal level, I thought, “How could somebody so full of life and love not be with us anymore?” He was a mentor of mine. He worked side by side with me at United Way. He helped me move into my roles in the Ontario Press Council and the National NewsMedia Council. He loved to connect people. He loved to connect gossip. He loved Toronto. He loved Canada, and many of us truly loved him, and for both of these amazing Canadians I mourn, and I share my mourning and my grief with all of you. Thank you very much.

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  • Feb/8/22 2:00:00 p.m.

Senator Gold: I will convey that to my counterparts.

[Translation]

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  • Feb/8/22 2:00:00 p.m.

Senator McPhedran: Senator Gold, could you please commit to conveying to the government the specific request that they take action and do what they need as cabinet and confirm this decision of 40,000 spaces, release the second 20,000 spaces and get the allotments out to the organizations that are waiting to help? They are paralyzed because this commitment has not been made.

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  • Feb/8/22 2:00:00 p.m.

Hon. Marc Gold (Government Representative in the Senate): Thank you, senator, for your question.

The government remains committed to its goal of receiving 40,000 Afghan refugees. It continues to work in close collaboration with its trusted international and local partners to work toward the creation of a second stream — a humanitarian stream — to welcome additional Afghan nationals, including women leaders, human rights advocates and others in vulnerable situations.

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  • Feb/8/22 2:00:00 p.m.

Hon. Robert Black: Honourable senators, my question is for the Government Representative in the Senate.

As you know, I live just outside of Fergus, Ontario, and I, along with many of my neighbours, do not have adequate broadband internet access. This is unfortunately the case in most rural, remote and Northern communities.

The government is currently preparing for the next spectrum auction. These airwaves are important. They are prime real estate for both 5G and rural wireless internet access. While the government’s existing policies are meant to bolster urban competition, they do not. These policies let some companies buy spectrum cheaply, hold on to unused airwaves and flip them years later for millions or hundreds of millions of dollars in profit.

The good news is that the government has a way to advance rural connectivity right now, namely with a “use it or lose it” spectrum policy. In fact, it is included in the mandate letter of the Minister of Innovation, Science and Industry.

Honourable colleagues, it is evident that there is enough spectrum for several carriers in urban and rural markets; however, policy changes must be made to ensure carriers are not buying these airwaves just to hold on to them.

Senator Gold, will the government implement caps on the number of airwaves any one carrier can buy in addition to the “use it or lose it” policy in the upcoming auction to ensure that carriers are required to use them to connect rural Canadians?

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Senator Gold: Thank you for the question. Before a government bill is introduced in the Senate, as I have done today, the way it will be dealt with is discussed collegially and in collaboration with my counterparts from all parties and parliamentary groups. I assure you that I have every confidence in my colleagues and in this collegial process, and we will find ways to ensure that the Senate has enough time to study the bills properly so we can do our job of providing sober second thought.

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Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. Modernizing the Official Languages Act is a priority for the government. As you know, dear colleague, just a week and a half ago, the Federal Court of Appeal released a decision relating to the Official Languages Act. That decision requires the government to spend some time analyzing what impact, if any, the appeal court decision could have on how legislation is drafted.

I am told that the bill modernizing the Official Languages Act will be introduced in the House of Commons in the weeks to come. As soon as that happens, the exact date will be known.

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Hon. Rose-May Poirier: My question is for Senator Gold, the Government Representative in the Senate. Last week, the federal government once again failed to uphold its commitment to minority language communities. It broke its promise to introduce a bill to modernize the Official Languages Act within the first 100 days of cabinet being sworn in. It is getting harder and harder to take the Trudeau government seriously on language rights issues. When will this bill be introduced?

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  • Feb/8/22 2:00:00 p.m.

Senator Gold: As I said, Minister Fraser is making efforts to improve his French. The government and the Prime Minister still have confidence in him.

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  • Feb/8/22 2:00:00 p.m.

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate): Honourable senators, pursuant to the order of December 7, 2021, I wish to inform the Senate that Question Period with the Honourable Jean-Yves Duclos, P.C., M.P., Minister of Health, will take place on February 9, 2022, at 3 p.m.

[English]

On Government Business, Reports of Committees, Other, Order No. 1:

Consideration of the second report of the Standing Senate Committee on Social Affairs, Science and Technology (Subject matter of Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code), tabled in the Senate on December 15, 2021.

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

That the Standing Senate Committee on Social Affairs, Science and Technology, in accordance with rule 12-7(9), be authorized to examine and report on such issues as may arise from time to time relating to social affairs, science and technology generally; and

That the committee submit its final report on this study to the Senate no later than June 12, 2025.

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  • Feb/8/22 2:00:00 p.m.

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate): Honourable senators, I move that Order No. 1 under “Reports of Committee — Other” which deals with the subject matter of Bill C-3 that was adopted last December be discharged from the Order Paper.

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Senator Gold: Thank you again for your question and for your commitment to seeing progress made in this case. I will make inquiries with regard to the IRCC process. I’m just not in a position to provide the information you have requested.

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