Hon. Mary Jane McCallum moved second reading of Bill C-226, An Act respecting the development of a national strategy to assess, prevent and address environmental racism and to advance environmental justice.

She said: Honourable senators, I rise today as the Senate sponsor of Bill C-226, An Act respecting the development of a national strategy to assess, prevent and address environmental racism and to advance environmental justice.

I would like to thank MP Elizabeth May for her work and leadership on this important initiative, and former MP Lenore Zann, who initially introduced it in the second session of the Forty-third Parliament at the other place, when the bill was known as Bill C-230.

As you will remember, colleagues, this chamber recently unanimously passed a motion of apology to former students of residential schools and their intergenerational families. That motion acknowledged the systemic racism upon which this country was built, wherein representatives from the federal government and the churches gave themselves a unilateral authority to remove First Nations and Inuit children from their families and their communities.

I bring this up to remind senators that environmental racism is one very profound piece of the broader picture of systemic racism that exists in this country, whether systemic racism is in parliament, academia, corrections, policing, health care institutions or government branches across this country. Systemic racism allows other forms of racism to continue to flourish in these disparate areas without question because systemic racism has become normalized, largely desensitizing the general population to its very existence and effects. In other words, environmental racism is not experienced in isolation of other contexts, nor is environmental racism unintended. These are deliberate decisions that, in many cases, reflect the creation of so-called “sacrifice zones,” communities that are largely out of sight and out of mind from the general public, a fact which somehow legitimizes their devastation. This is known as geographic racism.

An apology is only the first step in the process of conciliation or reconciliation towards a new relationship. The ushering in of a new, transformative and meaningful relationship requires more than words. In other words, we need to understand, become aware of and act on addressing the serious issue of environmental racism, which this bill seeks to accomplish. We must first each explore the work we need to do as individuals and as a collective to move forward in this relationship, to honour and fulfill our work as senators in our role as advocates for those not represented at the other place and for those without a voice or power in their own country.

Honourable senators, I want to inform you of the gift that we bring to this chamber as senators of First Nations, Métis and Inuit non-status descent: Our experiences of racism, exclusion, assimilation, genocide, inequity and inequality, but also our strengths — our two eyes seeing through the melding of Indigenous and Western knowledges, kinship and cultural ties to communities, our ancestors’ proclivity for sober second thought and the wisdom that comes from navigating a lifetime of oppression.

A special mention about women is required here. Indigenous women’s ways of knowing and being have been largely squandered, and violence against women exists throughout this country. Much of this is related to the root causes of environmental racism. This includes the dispossession of land, governance, health, economy and self-determination. There has simultaneously been a rise in water and food insecurity, inadequate housing infrastructure, intimate partner violence, addictions, human rights violations, biodiversity loss and the contamination of land, water, air and our other relations, which are all impacting women negatively and increasing the unpaid work they have to shoulder.

As such, we share with you our unique experiences that need to be taken into account every time we stand up and we speak. We speak from our experience. I have worked in communities for over 40 years. I have lived with the people. I have seen the devastation that they live with, and that is what we bring to the table. As Indigenous senators, when we share our perspectives from our ways of being, knowing and experience, we are offering you a gift. We say to you that the legislative system has never provided a means to redress the issues brought into our lives and communities by colonial laws and policies. Why do you think there’s so much unrest in Indigenous communities and increasing court cases? Because they have nowhere else to go. This unrest has to come from somewhere, and it comes a lot from legislation.

As Indigenous women, we also have to navigate violence from our own patriarchal and colonial leadership in our own communities. Many times, our own men have been colonized, and they are brought to the table to counteract what we have to say in this chamber. The voiceless cannot compete with educated people. The educated people have the privilege, and the grassroots people remain voiceless. That is what we bring when we come and we speak for the people that we work for.

Honourable senators, please take the time to understand and accept that we are different from you in how we have experienced genocide on our homelands in this country, and how we continue to live in “stranded regimes,” to borrow a phrase coined by the Manitoba Keewatinowi Okimakanak, or MKO. Stranded regimes brought on by legislation, sometimes from this very place.

Honourable senators, I would now like to speak to environmental racism, how it can be brought to light and how it can be combatted. It was African-American civil rights leader Benjamin Chavis who coined the term “environmental racism” in 1982, describing it as:

. . . racial discrimination in environmental policy-making, the enforcement of regulations and laws, the deliberate targeting of communities of colour for toxic waste facilities, the official sanctioning of the life-threatening presence of poisons and pollutants in our communities, and the history of excluding people of colour from leadership of the ecology movements.

When I speak about the examples I will give, think about how reconciliation is going to work to address these issues and really make it reconciliatory.

Colleagues, when I recently attempted to include reference to this matter in another bill, the minister denied that amendment, saying that the term had no precedent in existing legislation and that they were new terms. Environmental racism is not a new concept. It has long existed, disproportionately affecting First Nation peoples and communities across Canada. I have witnessed this first-hand. Many of you will know that I have spoken many times about environmental racism in the resource extraction industry.

Honourable senators, how and why does race play a major role in exposure to environmental dangers and land use within a community? Failing and substandard infrastructure of housing and water; failing and substandard infrastructure of sewage lines and plants; failing and substandard infrastructure of fire services; and stranded regimes of bylaw enforcement are all issues that contribute to the reality of environmental racism.

Moreover, these have been studied, acknowledged and researched by committees within the Senate and House of Commons as issues existing within First Nations communities in Canada. The history of environmental racism in Canada contains other examples of the federal, provincial and municipal governments — as well as large corporations — failing to protect the most vulnerable communities. How did these communities become vulnerable, and why are they kept vulnerable and powerless?

What are some of the root causes of environmental racism? Policy failures, intentional or otherwise, that unfairly affect those without a voice; legislation that doesn’t take into account the marginalized through measures like GBA Plus; interjurisdictional gaps arising from issues like natural resources, water, health and child care; lack of human and financial capital to challenge governments and corporations; poverty; dependence on government through the Indian Act; not honouring treaties; establishing resource-extractive operations or toxic waste sites on cheap land, with disregard for the populations that call that land home thus establishing sacrificed zones.

Honourable senators, having identified some of the root causes, I will now provide real-world examples of environmental racism.

Water contamination disproportionately affects low-income communities of colour. We are all aware of minority communities that lack clean water. Contaminated water can deplete a community’s health, causing illnesses that range from waterborne diseases to cancer and the inability to practise self-care like bathing. They live on bottled water brought in by the government. How do you take a bath, cook and clean with bottled water?

Water contamination issues can cause long-term consequences. One example in Manitoba is the remote community of the Opaskwayak Cree Nation, where they are experiencing flooding from a hydro dam operating in their territory, endangering the sturgeon population, coupled with the upstream flushing of waste water as far away as Winnipeg, which has caused blue-green algae to flourish from herbicides and pesticides. The blue-green algae cause rashes in children, the deaths of fish and moose that are relied upon for sustenance and causes an inability to have a stable drinking water supply.

The blue-green algae in the Great Lakes and in other lakes in Ontario were taken care of through bylaws that prevented the use of herbicides and pesticides, and they cleaned up their lakes. But this is different, and this is allowed to flourish. That is environmental racism.

Another example is the tailings ponds, which grew 300% in 20 years despite legislation that should have protected against this plight. We know that tailings ponds are now leaking, further impacting water safety, biodiversity and animal health. The Athabasca region First Nations in Alberta are actively involved in fighting against devastation wrought on their lands from tailings ponds. Addressing water contamination issues requires government intervention, which has not been forthcoming.

Environmental racism is also related to the protection of the water species. We have addressed this in the Standing Senate Committee on Energy, the Environment and Natural Resources. It has been brought forward over and over again.

We are also seeing some communities with drastically high rates of air pollution, such as an area known as Chemical Valley in Ontario, where air pollution data from the Aamjiwnaang First Nation forecasts foreign air pollutant chemicals linked to cancer up to 44 times the annual level. High air pollution contributes to many critical diseases, including lung cancer, respiratory infection, strokes, pulmonary disease and others, according to the World Health Organization.

Another issue we are seeing is lead poisoning. An example of this is Grassy Narrows First Nation in Ontario where they have been dealing with mercury poisoning in their water for three generations, which is the result of industrial pollution from the 1960s and 1970s and remains unresolved today.

Colleagues, there are many unique environmental situations and occurrences in Canada that lend themselves to environmental racism, which includes a lack of piped water, as some First Nations communities in northern Ontario have youth in their twenties who have never had the privilege of living a life with piped water.

Another example is abandoned oil wells and their continued threat of pollution — an issue which still has not been adequately addressed despite the acknowledgement of their deleterious effects.

Extensive agriculture is another example. Swan Lake First Nation in Manitoba is predominantly affected by intensive and monocultural agriculture. The community’s lake is considered dead and no longer a viable food source. Fragmentation and surrounding land use has also contributed to a decline in flora, including medicines.

Laws have fragmented populations, leaving people displaced from some of their territory. Northern examples of environmental racism include communities and territories impacted by planned flooding and forced relocation, a lack of access to safe drinking water, lack of consultation regarding the manipulation of water levels of hydro dams, abandoned construction and extraction sites from mining, violence resulting from work camps and insufficient water partnership agreements, unresolved land claims, lack of connectivity to the internet, repopulation, forced amalgamation of First Nations into bands and the lack of access to health care and the continuous inadequate and non-existent consultation in anything that affects us.

One more example that I would like to highlight is Rooster Town in Manitoba, which was home to rural Métis who arrived to find work in the urban economy and build their homes while keeping Métis culture and community as a central part of their lives.

Rooster Town grew without city services, within the City of Winnipeg. In 1951 the City of Winnipeg began encouraging suburban development in this area. Today it is called Grant Park. To remove Rooster Town families, the city and media reported false stories rooted in racist stereotypes that were harmful and humiliating to the Métis community. In 1960, the last few houses in Rooster Town were bulldozed and destroyed.

Honourable senators, there are countless other examples of environmental racism in Canada. I know some of our colleagues will be giving voice to these issues.

Honourable senators, you will note that in Bill C-226 there is no definition of “environmental racism.” Although the original definition was given at the outset of my remarks, the situation in Canada is unique due to the history of treaties, Canada’s heterogeneous Indigenous population, the passage of UNDRIP legislation and the duty to consult and accommodate. As such, while a definition is not required, as we have seen with this bill’s passage in the other place, any definition would need to reflect the Canadian experience.

The national strategy fundamental to this bill is key to promoting effective change in achieving environmental justice, not just for First Nations, Métis, Inuit and non-status people, but for all Canadian populations who are victims of this insidious issue.

Honourable senators, let us take the honourable path to ensure that we end the premature morbidities and premature mortalities that continue to be inflicted upon Indigenous peoples in Canada due to environmental racism. Those who have contributed the least to environmental degradation are often those at highest risk of experiencing the worst human rights impacts.

As stated by Assistant Secretary-General Ilze Brands Kehris of the Office of the High Commissioner for Human Rights:

Unfortunately, continuing harmful practices, insufficient action, and inaction by Governments and other duty-bearers with respect to the protection of the environment threatens the progress needed to protect the environment for all people.

Colleagues, addressing environmental racism will protect vulnerable people, vulnerable environments and the generations yet to come. We all have the right to a healthy environment. Let us work to uphold that right by supporting Bill C-226. Kinanâskomitin. Thank you.

(At midnight, pursuant to rule 3-4, the Senate adjourned until later this day at 2 p.m.)

Appendix—Senators List

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of Maxime Gagnon, Émilie Bouchard Labonté and Saoud Messaoudi. They are the guests of the Honourable Senator Petitclerc.

On behalf of all honourable senators, I welcome you to the Senate of Canada.

Senator Gold: Thank you for your many questions.

This is an important issue, and it is one with which the government has been seized and has taken many steps to address.

With regard to your specific questions, the investigations that are and might be under way by the RCMP and others are matters upon which I cannot comment and which will bear fruit when those investigations are completed.

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of Mario Richard and André Clermont. They are the guests of the Honourable Senator Boisvenu.

On behalf of all honourable senators, I welcome you to the Senate of Canada.

Hon. Patricia Bovey: Honourable senators, it was an honour for me to invite Gemma Yates-Howorth to write the guide GO Confidently Into Hiring: A Guide for those with Disabilities for Hiring Careworkers.

In 2019, we passed the Accessible Canada Act, an act ensuring a barrier-free Canada. Bill C-22, the Canada disability benefit act, is currently before the Social Affairs Committee. Society must focus on the needs, rights and independence of people with disabilities and those who are deaf. Personal assistance for people with disabilities is a critical aspect of that challenge. May this guide be useful to those who hire and live with care workers.

I have seen Gemma’s diligence in hiring her caregivers over many years and how she assesses her needs and balances the interests and competencies of her staff. I have witnessed the warmth of her interactions with each of them. Quality of life, self-esteem and community engagement are integral to life’s positive experiences.

I asked Gemma to articulate not only the “hows” of her hiring principles and practices, but also to share what she could of her own personal story. She has done that. Gemma’s insights, personal and universal, are prescient. Her determination has enabled her many achievements despite living with cerebral palsy her entire life. After completing her high school diploma, she graduated with a degree from the University of Manitoba in Recreation Management and Community Development. She has volunteered at Winnipeg’s St.Amant centre, a home for people with high-needs disabilities, and has had various contracts with the Cerebral Palsy Association of Manitoba.

Colleagues, life in a wheelchair is daunting, yet Gemma has explored and experienced parts of her city and its diversities few of us have. Her creativity and adeptness with technology are evident in all her work. Throughout, she always acknowledges with gratitude the assistance of her caregivers and the enrichment from their diverse backgrounds, professions and cultures.

I hope this guide, which is just back from translation and will be on my website soon — with its advice on defining one’s needs, the posting of the position, assessing applications, interviewing, hiring, training and dealing with inevitable issues — will enable others to expand their worlds of independence and discover new places and interests. As I said, now translated, it will soon be on my website and we will share it with organizations interested in posting it themselves. Gemma, I thank you and all those who work with you.

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of Gemma and Sarah Yates-Howorth. They are the guests of the Honourable Senator Bovey.

On behalf of all honourable senators, I welcome you to the Senate of Canada.

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of Alanis Obomsawin, Suzanne Guèvremont and Charles Bender. They are the guests of the Honourable Senators Audette, Cardozo, Francis, Greenwood, Klyne and McPhedran.

On behalf of all honourable senators, I welcome you to the Senate of Canada.

Senator Gold: Unfortunately, I am not.

Honourable senators can be assured that the process is a serious and ongoing one. It is being treated with dispatch, and I look forward to the announcement at the time that it is made.

[Translation]

Senator Gold: I don’t have that information. I’ll try to find it and get back to you later with an answer. The Green family have been friends with the Trudeau family for a very long time, going back to the late Pierre Elliott Trudeau. I’ll look into it further with the government.

[English]

Senator Carignan: Leader, can you tell the Prime Minister that if he wants a vacation, he just has to call an election, and we’ll give him a vacation?

Did the Prime Minister have a view of the sea? How much did he pay for the rooms in the villas where his family stayed? Yes, we all have the right to take a vacation. As you can see from my tan, I took a vacation and I paid for it. Did the Prime Minister pay for his vacation and the villas in which he stayed with the Green family?

Senator Gold: Well, Jewish people have a tradition of answering a question with a question. You will properly consider this is out of order, but let me ask you a question. As a member of the Senate for 15 years and as a former Speaker, surely you are aware that the question at this stage of the process has to refer to amendments that were either accepted or rejected and not to the bill as a whole.

Senator Housakos: Government leader, you’re giving the impression to this chamber that there is somehow a tradition in this place at message point of legislation that we’re just a rubber stamp, and that’s not the case.

It’s in the Constitution that this chamber has a right and a responsibility at message stage to refuse a bill as well, which you did not highlight, and to send it back along with many other options that this chamber has. Yes, there has been a tradition to bow to the wishes of the elected chamber, but there is also something the forefathers had established when they created this chamber — that when a government does something so egregious that a large number of Canadians find it offensive, we have the right to exercise our constitutional authority. I just want to put that on the record as well, government leader.

Senator Pate: Yes.

The Hon. the Speaker pro tempore: Is it your pleasure, honourable senators, to adopt the motion?

Hon. Senators: Question.

An Hon. Senator: Good idea.

Senator Tannas: Your thoughts?

The Hon. the Speaker pro tempore: Are senators ready for the question?

The Hon. the Speaker pro tempore: It is moved by the Honourable Senator Housakos, seconded by the Honourable Senator Martin, that further debate be adjourned until the next sitting of the Senate. Is it your pleasure, honourable senators, to adopt the motion?