Hon. Hassan Yussuff: Honourable senators, with leave of the Senate and notwithstanding rule 5-5(b), I move that the bill be read the third time now.

Hon. Hassan Yussuff moved second reading of Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code.

He said: Honourable senators, it is my honour to rise before you today to make my maiden speech in this place on Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code. I don’t think there could be a better piece of legislation to mark the occasion for me than Bill C-3. Many people have asked me why I chose to become a senator and what will guide me in my role. I simply said, “If it is good for the country, it is good for me.” I believe the bill before us today is good for the country, and I would like to explain why it deserves our support.

The bill is about learning lessons from this pandemic to make things better and to provide stronger protection for sick workers — Canadians — and to provide access to our health care system in the future. The pandemic has taught us that anything less is unacceptable for our economic, social and mental well-being. This bill recognizes the fundamental right of workers to be able to freely, without threats of job security and financial security, take time off from work to look after their health and well-being.

It also recognizes a fundamental right for workers in the health care sector to be able to go to work unimpeded and without threat of intimidation, while at the same time ensuring that constitutional rights to strike, peacefully assemble and freedom of expression are protected.

The pandemic has exposed many gaps and shortcomings in our society. It has shown the best and worst, both of us as people and of the programs and protections that Canadians rely on for their economic, social and physical well-being.

I want to talk about the gaps that have been exposed, and why we need Bill C-3. For workers, the pandemic laid bare how little employment protection they’ve had for sickness, not only for themselves but also for their employers in the health care system, as workers are forced to decide between their financial well-being and their physical well-being.

To put this in context, try to understand a person who works in a federal jurisdiction for minimum wage having to take time off to deal with their sickness and losing a day’s pay, or two days’ pay or three days’ pay, simply because their employer does not provide paid sick leave. For that worker, the challenge will be to see if they can make rent, if they can buy groceries and if they can take care of their family.

Honourable senators, we all know this is unacceptable in our country. Bill C-3 is an attempt to remedy that. I know we have much work to do at the provincial and territorial levels, but fundamentally this goes to the heart of the concern for people who have risen to the occasion when this pandemic hit our country. They did not run and hide. They went to work to ensure the services that we want were provided despite the fact they knew they could get sick, despite the fact they knew they could lose time from work and not get paid, and yet they performed their service. This bill has risen to the occasion to address their concern.

Equally and symbolically, by the federal government tabling this legislation, it also sends a signal to our provincial and territorial governments that we must do better to protect workers in this country. I hope you will guide us as we move forward.

Our federation is unique. Many different jurisdictions are responsible for the Labour Code, and we must respect that, but equally, the federal government can provide leadership, and I believe Bill C-3 does exactly that.

Currently the federal jurisdiction provides three days of paid leave that can be used for personal illnesses and injury. Only two provinces have permanent paid sick leave. Prince Edward Island provides for one day of paid sick leave after five years of continuous employment with their employer — one day after five years of service. Quebec provides for two days of paid leave after a year — two days. Most recently, British Columbia, as of January 1, 2021, provides employees with five days of paid sick leave. As you can see with these statistics, we have a long way to go in this country and this is just part of that journey.

In 2019, Canadian workers took an average of 8.5 days of leave for illness and disability. Clearly, the existing leave entitlement in the Canada Labour Code is not enough as currently designed.

The broader issue in regard to the passage of Bill C-3 will set a process so our federal government will have to engage with the provinces and territories on how we can do better, and I think that is the rightful place for a federal government to be — to show leadership but at the same time to work with the provinces and territories to ensure we can do better.

Honourable senators, you know and I know we’re not yet out of this pandemic. We may have much distance yet to travel. As we are about to adjourn, a new virus is upon us. We don’t know what the consequences to the economy and working people will be, but we know one thing: The efforts in this bill will certainly give workers more certainty; should they get sick or have to take time off in the federal jurisdiction, they will benefit from this legislation. They are looking forward to the passage of this bill.

It’s always been a challenge for working people, of course, to advance their interests and their collective interests. I don’t need to tell you about the millions of workers in this country who are working in precarious conditions every single day. They don’t complain about it. They’re hoping that their elected representatives and their representatives in the Senate would do better to understand their challenges and the difficulties they face. I think this bill goes to the heart of that.

I want to thank honourable senators for their efforts in improving the bill. There has been a lot of collaboration in this chamber to say, as we look at the bill as it was tabled, we could do better. Those efforts were recognized in the other place. There have been some changes and improvements to the bill. I want to thank colleagues who have collaborated, who have provided guidance, assistance and leadership, and who have helped me, of course, with the work I was doing. Once again, it shows that the Senate is playing an important role in improving government legislation, which is part of our responsibility in this chamber.

The bill will provide federal jurisdiction workers something that no other workers in this country currently have, which is 10 paid sick days. You see many of these workers in your journeys in life. When you go through an airport, whether it’s today or tomorrow or over the holidays, take the time to recognize that many of the workers in the airport work for minimum wage and don’t have paid sick leave. This legislation will touch their lives.

Think of all the trucks and highways and roads you see constantly that are in the federal jurisdiction and bring goods and services to us during this important, difficult time. Many of those truck drivers work long hours, yet they don’t have the protection of paid sick days. This legislation will change that reality.

More importantly, it would also send a message to the workers in this country, who have sacrificed so much in this very difficult moment of the pandemic, that we have their backs.

Paid sick leave will support employees experiencing temporary illness in three ways. It will protect their income so they don’t have to worry whether or not they meet their grocery bill or rent bill at the end of the month. It will protect their jobs by preserving their relationships with their employers while on sick leave. Third, it will protect their health by allowing them to recover more quickly at home, rather than continuing to go to work while sick. It also promotes a healthier workplace by encouraging sick workers not to go to work, reducing the risk of spread of communicable disease.

Regarding earning paid sick leave, employees will earn one day of medical leave with pay after 30 days of continuous employment with the same employer to a maximum of 10 days in a year. Accumulating sick leave will begin on the first day of employment. After the first 30 days, the employee will receive access to three paid sick days to better protect employees at the beginning of their employment. Unused sick days in every calendar year will be carried forward and then deducted from the 10 days’ entitlement the following year. For example, an employee who has six paid sick leave days will be able to earn a maximum of four days in the next calendar year. The government has amended the bill to provide three days after the first 30 days concerning the views, of course, of the opposition in the other house and many of those who have testified to the Senate Social Affairs Committee and senators who have been arguing that we should do better in regard to this section of the bill.

The goal is expanding paid sick leave across the provinces and territories. The change to the Canada Labour Code will send a powerful signal to workers across this country that we need to build a stronger safety net for them, and hopefully, of course, our provincial counterparts across this country will sit down with the federal government and figure out how to do better. Although this only applies to approximately 1 million workers in the federal jurisdiction, the government has committed to take a leadership role in working with the provinces and territories to make sick leave a reality for all workers across this country.

Bill C-3 also deals with the issues of health care workers’ protection. Health care workers have long faced difficult working conditions, including violence and threats of violence in the workplace. This situation is exacerbated by the COVID-19 pandemic. The Government of Canada has taken action, introducing amendments to the Criminal Code to enhance the existing protection for health workers and ensuring that everyone can access health care services safely across this great country of ours. These amendments will create a specific intimidation offence and a specific obstructing access offence to protect health care workers and persons seeking health care in this country.

For many health care workers, this amendment to the Criminal Code responds to a long-standing concern about their ability to work in an environment free from violence and threats. Preliminary results emerging from the 2021 National Physician Health Survey provided to me by the Canadian Medical Association suggested over 75% of physicians have experienced intimidation, bullying and harassment in the workplace, and the issue is even more pronounced for women — 80%. More than 33% of those reporting experienced it at least a few times a month.

Honourable senators, we are fortunate to work in this environment. We don’t have to face harassment and violence to come to work. We don’t have to perform our services with a threat over our head. We don’t go to our jobs, day in and day out, knowing full well that we will experience the same harassment we experienced the day before, because this chamber has recognized that it’s unacceptable. Why is it that health care workers in this country can’t have the same benefit we enjoy every single day while doing our jobs? I think this legislation gets to the heart of the issue and sends a clear message.

In 2019, a report conducted by the House of Commons Standing Committee on Health entitled Violence Facing Health Care Workers in Canada documented that health care workers have rates of workplace violence four times higher than any other professional, despite most of this violence being unreported. Most Canadians would not know the statistics, because when we show up at the hospital we get the care we require. Those people don’t run away from their responsibilities, despite the adversarial conditions they work in. They remain there to perform their services and to ensure Canadians can access the health care they need in this country. They do it because they recognize that they can make a difference in the lives of those who come to receive the services they deserve.

Everyone deserves to be safe when working and providing medical care. It goes without saying. Health care workers and those who assist them must be able to perform their duties without harm or intimidation, and Canadians seeking health care or visiting a sick family member must be able to access the service safely.

The Government of Canada is sending a strong signal that intimidating health care workers and those seeking access to health care services is not acceptable, nor is the obstruction of access to health care facilities. The amendment will create a new sentencing provision in the Criminal Code that will require courts to consider more serious penalties for offenders who target health care workers engaging in their duties, or who impede others in obtaining health care services. An individual who tries to make health care workers or a person trying to access health care fearful — or to stop them from providing or accessing health care — could be charged with a new intimidation offence and be subject to a maximum term of imprisonment of 10 years when prosecuted by indictment.

This does not make protesting outside of a hospital where employees are on strike at health care facilities illegal. The federal government is committed to upholding and defending the Canadian Charter of Rights and Freedoms, including the right to freedom of expression and peaceful assembly. These changes to the law will respect workers’ freedom to take labour action and organize, as well as Canadians’ freedom to voice their concern and protest in a safe and peaceful manner. This is fundamental to our constitution, and all of us would agree that this cannot be trampled upon. This is fundamental to what this country is about. Honourable senators, I know this legislation may not meet the expectations of all in this chamber, but I can tell you that it goes a long way.

There was one amendment that made it into the legislation in the other place. Honourable senators, the loss of a family member is one of great grief and sorrow. The loss of a child is devastating. Sometimes it has profound consequences on the mental well-being and has a dire effect on one’s work. Based on a report of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, in 2016 there were 2,720 deaths of children under the age of 18, and 3,063 stillbirths. There is an amendment in Bill C-3 to provide eight weeks of leave for parents who are confronted with this unspeakable tragedy. This is a compassionate amendment that will support parents when they need it the most. None of us will disagree that this is the right thing to do.

In conclusion, this legislation is about building a better Canada from the lessons we have learned during the pandemic. I know there is more to do, but more importantly, colleagues, what Bill C-3 outlines in these two sections will move this country in a significant way. There are far too many people who work in precarious conditions in this country. They need to know that we are listening to them and that we are hearing their voices for change so they can work in better conditions. It is critical for us to understand how profound this legislation is to working people. I had the privilege of representing over 3 million of them for 22 years. I never thought I would be in this chamber to continue in this effort with fellow colleagues.

Bill C-3 will provide statutory protections for nearly 1 million workers to have paid sick days — the first of any jurisdiction in this country. It gets us to the Organisation for Economic Co‑operation and Development, or OECD, standard around the world. It’s unfortunate that it took a pandemic to get our attention, but, as they say, it is never too late. It will also protect the physical and mental health of health care workers who are working hard to save the lives of Canadians stricken by COVID, as well as those administering the vaccines that protect millions of Canadians from contracting the disease.

I want to recognize, of course, my Senate colleagues and the witnesses who have come to testify before the Senate committee to make the arguments they did about why we should pass this bill. The Canadian Medical Association can’t thank us enough for passing this legislation. The Service Employees International Union, or SEIU, the leading health care union in this country, pleaded with me to get this done. They have had members die during this pandemic while providing health care services because they didn’t have access to PPE and didn’t have sick leave. When the pandemic hit, they couldn’t stay home to do their jobs. They had to show up.

CUPE represents health care workers in many parts of this country as well as custodial workers who are faced with violence, and yet they go to work every single day to meet their responsibilities. Unifor health care workers, the Canadian Federation of Nurses Unions, the National Union of Public and General Employees, or NUPGE, and the Canadian Labour Congress, all of these organizations have urged us to pass this legislation because it will send a clear message to these workers, who again will have to don their helmets and protective suits to ensure that, as this new variant has hit our country’s shores, they will be there to do what is necessary, as they have done before.

I want to thank you, honourable senators, for listening to my remarks. More importantly, thank you for your service and friendship.

Hon. Hassan Yussuff: Honourable senators, I would like to speak to the amendment proposed by my honourable colleague Senator White. I would like to thank him for his friendship and equally thank him for sharing his perspective with me.

I understand his desire to ensure that the bill captures all possibilities to protect health care workers from intimidation. I don’t think there is a single senator in this chamber who doesn’t agree with him, but I believe that this bill, along with other sections in the Criminal Code, cover my colleague’s concern regarding intimidation offences. Therefore this amendment is unnecessary, and I won’t support it.

The new intimidation offence created by Bill C-3 is meant to address circumstances where a health care worker or a person seeking health care services is subjected to any intimidating conduct. This could include threats or other forms of violence that are intended to provoke fear; interference with the duties of a health care worker; or, impeding a person from receiving health care services. While the purpose of the act of intimidation made to the health care worker must provoke fear and render them unable to perform their duties, the act of intimidation does not need to be done while the person is in the performance of their duties.

The act that is intended to provoke fear can be done anywhere, at any time, either in person or online or by any means. Consequently, it does not matter legally where the health care professional is when they are intimidated. The proposed amendment to include “in any place” with respect to the new intimidation offence is therefore redundant. This is why I think we shouldn’t support the amendment. Thank you.

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