The Hon. the Speaker informed the Senate that a message had been received from the House of Commons returning Bill S-214, An Act to establish International Mother Language Day, and acquainting the Senate that they had passed this bill without amendment.

Senator Wallin: The reason we are all asking you questions that seem similar is because it is not clear in the bill. Senator Miville-Dechêne and Senator Simons presented language — a compromise — inside our own committee. They presented language that would have given the government the right and the opportunity to be clear about what you promised and what they promised publicly, on television shows and in front of the committee.

If you really believe it, then put it in the bill. That’s why we keep asking the same question. A promise in a response to questions and in appearances on television is not law, and we would like to see it written in the bill.

Hon. Leo Housakos: Not to belabour the point, but user-generated content is definitely scoped into this bill. That was the opinion of the chairman of the CRTC when he testified before our committee. That was the opinion of the legal expert of Heritage Canada who, on numerous occasions, was asked directly about the language that Senator Cardozo referred to. It is clear that the government is refusing to tighten that language and accept reasonable amendments that state, in black and white in law, that user-generated content will be excluded. Nonetheless, I also want to correct a couple of things.

In his exchange with you, Senator Gold, Senator Cardozo highlighted really what the problem is between those who are fine with the bill and those who are against the bill. I know that the CRTC has the authority to make regulations because the law that we’re about to pass and the government wants to pass is giving that authority. In the old Broadcasting Act and the current Broadcasting Act, our colleague Senator Cardozo is right: The government and Canadian Heritage can not only influence the regulatory framework; they can give directives and overrule the CRTC. That’s precisely why when you have laws like the Broadcasting Act that leave this Parliament and become law, there have to be safeguards to make sure whoever is in government has parameters that they have to work within that we parliamentarians give them. And if we’re negligent in our responsibility in making laws that are clear, that’s when, of course, problems can occur.

Now, in terms of the regulatory framework, it is so customary on bills that are technical — like Bill C-11 — for governments to attach regulatory frameworks in advance. With Bill C-10, the precursor bill of Bill C-11, if you remember, at the final stages of that bill, under a lot of pressure from work in this chamber, the government came out with a framework at that particular point in time. It wasn’t a very good one, but they came up with a framework. It doesn’t require tossing it to the CRTC for two years.

But I don’t want to digress. I want to get to my follow-up question because there are a lot more problems with this bill than just user-generated content.

When we’re reforming the Broadcasting Act, one of the main pillars that needs to be reformed, which was not even looked at in this bill, is CanCon. My question to you, government leader, is the following: How could a story written by Margaret Atwood, The Handmaid’s Tale, with Canadian actors, filmed in Canada, with a Canadian director and so on and so forth — how could something like that, in the eyes of this current bill as we want to pass it, not qualify as Canadian content?

Senator Gold: This was language that our office here in the Senate developed. You will know now for the last three years that when I am asked questions in Question Period, I answer on behalf of the government. It’s not my role to answer in my personal capacity. You can fairly assume that the language that we developed here represents a position that is acceptable to the government. Otherwise, I wouldn’t have put it in a motion.

As the Senate, we have the power to amend motions, to vote for them or reject them. I have no comment on your question. There have been no — and even if there were, it wouldn’t be appropriate for me to share this.

I am saying that I believe that this motion, the heart of which is to propose that we accept the message from the House — the addition that we included was to give the Senate the ability to be on record in this motion for the motion to be read in the House of Commons so that the members of the House understand what the position of the Senate is and that we take note.

We think that this will strengthen the assurances and, back to Senator Quinn’s point, we hope that it will provide some additional assurances to those who are still skeptical of governments. That is a feature of our modern politics.

It will also figure into interpretations. As one of our former colleagues reminded us regularly, courts and others take legislative history, and especially Senate pronouncements, into account when they are interpreting legislation. I think this adds one more element into the point that I have been trying to make that the government is seriously not involved and has no intention of scoping in user-generated content.

Hon. Michèle Audette: [Editor’s Note: Senator Audette spoke in an Indigenous language.]

Once again, I want to thank the Anishinaabe people for welcoming me on their territory.

Colleagues, I rise today to honour a great person, a great woman, someone I love very much. She is a strong woman, a woman who fears no one and who does not mince words. She is incredible.

She stays true to herself despite having met numerous celebrities and luminaries around the world. She remains uncomplicated — an elegant, generous woman who also has an unconditional love for children, including her Kisos.

She stood up just moments ago, and you may recognize her as a great director. She is also an artist, a poet, a musician, an activist. She has dedicated her entire life to Indigenous people here in Canada, and certainly around the world, to speak out against injustice.

She has received numerous awards as a result of her 50-plus documentaries, major awards like the Glenn Gould Prize. Soon, in July, she will receive another award from our neighbours in the United States, the MacDowell Medal. She has been celebrated by several organizations, including the Order of Canada, as Grand Officer, and of course the National Order of Quebec. She holds several honorary degrees.

This evening, between two votes, I invite you to join Senators Cardozo, Francis, Greenwood, McPhedran and Klyne to celebrate a moment with our sister, Alanis Obomsawin. She will be accompanied by Suzanne Guèvremont from the National Film Board of Canada. We will present you the documentary by the Honourable Murray Sinclair.

It is with considerable emotion, dear friend, that I say to you with admiration, because you cradled me as a child, you cradled my Amun as well, and you opened the door for many Indigenous women: thank you from the bottom of my heart, dear, unique Alanis.

She is from Odanak, the Abenaki Nation.

Tshinashkumitin for raising our profile around the world. I hope you will be honoured for all that you do and will continue to do for us.

[Editor’s Note: Senator Audette spoke in an Indigenous language.]

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