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Decentralized Democracy

Senate Volume 153, Issue 14

44th Parl. 1st Sess.
December 17, 2021 10:00AM
  • Dec/17/21 10:00:00 a.m.

Hon. Diane Bellemare: Would the honourable senator take a question?

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  • Dec/17/21 10:00:00 a.m.

Senator Bellemare: I agree with much of what you’re saying. Your comments are very wise. They also give us an opening to question our processes and talk about the modernization of the Senate.

I have a question about your comments on the need for speeches to be given by the Government Representative in the Senate. Don’t you think it’s time we asked the minister responsible for a bill to come and present it to us in the Senate? We could set aside time for that presentation, which would be open and different from a Committee of the Whole. The senator presenting the bill would come answer our questions before we study it, perhaps at second reading. The fact that there are sponsors for bills in the Senate doesn’t mean there couldn’t be a spokesperson. What’s more, the minister responsible could appear before us to present his or her bill so that we could ask him or her questions. We can debate whether this exercise should be done at second reading or third reading, but I’d like to hear your thoughts on this.

[English]

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  • Dec/17/21 10:00:00 a.m.

Hon. Diane Bellemare: Thank you, Senator Yussuff, for your presentation. It was very informative.

Naturally, I am in favour of this bill. It is about having decent work, minimum standards and public health, at a time when people who are not protected find it difficult to stay home when they have a communicable disease, since they are not always aware they do. I believe that this is a very important aspect of this bill.

My question revolves around the ability or the willingness of businesses in this matter.

I know that this bill covers federally regulated businesses. These are generally larger firms that already offer benefits. From what I know about this, the Canada Labour Code has often been amended as a result of negotiations between the big unions and businesses.

Does this bill have a meaningful and significant impact, or were the large firms already offering these minimum benefits?

Also, do you still want the Canada Labour Code to be amended in future, as part of negotiations between major associations or the union movement and businesses?

Could you please comment on that? Thank you.

[English]

Senator Yussuff: Thank you, Senator Bellemare, for your question.

As you know, a number of workers and employers already, of course, provide for paid sick leave through their negotiated process or outside of that. The reality is there are far too many workers for whom it’s not covered because they didn’t have success at the bargaining table to achieve the 10 days of paid sick leave.

I think these amendments are going to improve the opportunity for those who do not have it, but at the same time, for those who exceed the code, I think it shows that efforts by their employers and their unions is something that we can learn from. More importantly, I think within the provincial jurisdiction, where 90% of workers reside in this country, we have a long way to go. Based on the statistics I provided this morning — whether in Prince Edward Island or in Quebec or more recently in British Columbia — we know there are tremendous gaps. In Ontario, there are just emergency measures that provide for sick days. There are no permanent amendments in the code in Ontario. I think that will be the discussion we need to have.

I’m hoping that as a result of the passage of this bill there will be far more engagement across this country to recognize that all Canadians, regardless of the jurisdiction they work in, should have paid sick days as a fundamental right of going to work. We know what this pandemic has revealed. If you have any symptom of the virus and you go to work because you have to, and you can’t take the time off, you are going to affect others. It’s going to have a profound effect on the workplace and it could have a profound effect on the colleagues you work with.

Given our efforts to try and prevent Canadians from getting sick — through vaccinations, through wearing masks and washing hands — we need to recognize that paid sick days give workers the comfort to ensure they can take time off when they need it. Equally, I think we need to recognize both employers and unions need to work harder to ensure all workers in this country have paid sick leave as a fundamental right of going to work every single day. It is something that is the norm in a lot of European jurisdictions. In Canada, we have a long way to go to achieve those same objectives.

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  • Dec/17/21 10:00:00 a.m.

Senator Bellemare: Thank you. As I listened to you, my spontaneous reaction was that, yes, Senator White could introduce a bill when we come back after the holidays to amend the Criminal Code so we can improve this bill and make it better, more perfect. That is true, that could be done.

I understand your frustration, Senator Downe, and I think we’re all frustrated. That said, here’s my question: Don’t you think it would be more appropriate to proceed, as Senator Tannas suggested, with a comprehensive re-examination of the relationship between the Senate and the House of Commons? That way, we could avoid taking this bill hostage to make it more perfect, as Senator White put it. In any case, Senator White clearly stated that he will vote in favour of the bill. That’s the price we have to pay. The solution I would opt for is to initiate a more formal dialogue with the House of Commons about our frustrations. Don’t you agree?

[English]

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