Hon. Salma Ataullahjan: Honourable senators, I rise today to speak as critic of Bill S-208, An Act respecting the Declaration on the Essential Role of Artists and Creative Expression in Canada. I would like to begin by commending Senator Bovey on introducing such a comprehensive and ambitious bill.

At first glance, Bill S-208 may seem idealistic, but at its core it simply requires the government to apply an art lens to its operations. We have already spoken on the importance of using Gender-based Analysis Plus to take a gender- and diversity-sensitive approach to our work. In fact, the Government of Canada committed to using GBA Plus to advance gender equality in Canada in 1995, but lacks any legislation to enforce its active use in policy-making.

Unlike GBA Plus, Bill S-208 will make the application of an artistic lens to all legislation mandatory by putting the onus on the Minister of Canadian Heritage to develop an action plan to operationalize the declaration in order to recognize the essential role of arts to society, increase access to the arts and events, improve the ability to engage in the arts, improve the ability of artists to benefit from their work while freeing them from cultural appropriation, address disability barriers and encourage investments.

To do so, the Minister of Canadian Heritage will be called upon to consult with key stakeholders, including the Ministers of Labour, Crown-Indigenous Relations, Justice, and Health, as well as with many other interested organizations and artists. The minister must also convene a conference with stakeholders and ministers in order to develop an action plan.

Bill S-208 is also about governmental accountability and transparency. At the end of each fiscal year, the minister must prepare a report that sets out the implementation of the action plan and the activities undertaken by the department to achieve the objectives of the declaration as set out in the bill. This will ensure a constant evolution of the action plan by identifying its progress and its weaknesses.

I believe Bill S-208 has merit, namely by inviting ministers to work together, as the government is well known for working in silos. Honourable senators, Bill S-208 is important to our collective future as it will give Canadian artists the recognition they deserve. Thank you.

Hon. Salma Ataullahjan: Honourable senators, I rise today to speak as critic on Bill S-208, An Act respecting the Declaration on the Essential Role of Artists and Creative Expression in Canada. I would like to begin by commending Senator Bovey on introducing such a comprehensive and ambitious bill.

As some of you may know, I enjoy painting in my spare time. It’s a hobby that I cherish, as it is a creative outlet that brings me much-needed serenity in this very chaotic time.

In our current economy, with rising prices and Canadian families struggling to make ends meet, I cannot help but worry about Canadian creative minds. How can our artists flourish when it seems we have been merely surviving for the past two years? Senator Bovey’s office has met with over 600 artists across the country to better grasp their realities. Youth focus groups revealed that young Canadians do not see the arts as a viable future and have turned away from traditional means of funding their work.

Traditionally, artists often rely on gig work and grants to get by. This means that a classically trained violinist, for example, who has been honing their craft since the age of four with great sacrifices and completed a degree in music at a reputable university, would normally divide their time between performing with a local professional orchestra, teaching privately during the week, performing with their ensemble and performing at weddings on the weekend. That’s if they are lucky. The work-life balance is non-existent, to say the least, and many work a collection of minimum-wage jobs to make ends meet. They may also spend months applying for grants from the Canada Council for the Arts, but return on the time invested is never assured. Needless to say, many change career paths along the way.

Those who do not have the privilege of a formal education are often disregarded as the arts, like many other areas of our society, have their gatekeepers who seek to promote excellence. This reminds me of the struggle of naive artists — known for rejecting or lacking conventional expertise in the depiction of real objects — who may lack formal, acknowledged methods.

Today, creative minds have turned to social media to gain visibility and possibly funding from fans or sponsors. Some Canadian creators truly managed to shine online during the worst of the pandemic. This was the case of throat singer Shina Novalinga who uses TikTok to share parts of her life and Indigenous culture, such as throat singing duets with her mother, traditional hair braiding and food. Sadly, social platforms such as YouTube and TikTok may distribute and share users’ content without credit or compensation. I believe this is testament to the government failing Canadian artists.

Before the winter break, I spoke on the Afghan crisis and the disappearance of many forms of arts and culture. My heart still aches when I think of musicians who buried their instruments, artists who abandoned their work before fleeing the country, and the persecution that those who remain must endure, simply because they need to express the melodies that are the bedrock of their culture. The videos of the Taliban smashing musical instruments in front of the artists was very difficult to watch.

In Canada, we are fortunate to have freedom of speech, but our society is not built to cherish those who continued to make us laugh during the pandemic, dance in our kitchens or escape into another world when this one was too much to bear. Some workers in the performing arts sector are still scrambling after the last surge in cases caused by the Omicron variant. As Arden R. Ryshpan, the Executive Director of the Canadian Actors’ Equity Association, said:

Just when we thought we were seeing a light at the end of the tunnel, it turns out that the light is an oncoming train.

This has led to a talent drain in the arts, with many relying on part-time jobs or going back to school to retrain. At first glance, Bill S-208 may seem too ambitious or idealistic. But at its core, it simply requires the government to apply an art lens to its operations. We have already spoken on the importance of using Gender-based Analysis Plus to take a gender- and diversity-sensitive approach to our work. In fact, the Government of Canada committed to using GBA+ to advance gender equality in Canada in 1995, but lacks any legislation to enforce its active use in policy-making.

Unlike GBA+, Bill S-208 will make the application of an artistic lens to all legislation mandatory by putting the onus on the Minister of Heritage to develop an action plan to operationalize the declaration in order to recognize the essential role of arts to society, increase access to the arts and events, improve the ability to engage in the arts, improve the ability of artists to benefit from their work while freeing them from cultural appropriation, address disability barriers and encourage investments.

To do so, the Minister of Heritage will be called upon to consult with key stakeholders, including the Ministers of Labour, Crown-Indigenous Relations, Justice and Health, as well as with many other interested organizations and artists. The minister must also convene a conference with stakeholders and ministers in order to develop an action plan.

Bill S-208 is also about governmental accountability and transparency. At the end of each fiscal year, the minister must prepare a report that sets out the implementation of the action plan and the activities undertaken by the department to achieve the objectives of the declaration as set out in the bill. This will ensure a constant evolution of the action plan by identifying its progress and its weaknesses.

I believe Bill S-208 has merit: namely, by inviting ministers to work together, as the government is well known for working in silos. I look forward to the bill being studied at committee to better understand the broad scope assigned to the Minister of Heritage as well as the implementation of the bill.

The “Declaration on the Essential Role of Artists and Creative Expression in Canada” touches on specific issues that will undoubtedly require further study, such as cultural appropriation. I believe this may fast-track the implementation of Article 11 under UNDRIP, and I hope this protection will be awarded to all marginalized Canadian artists. Additionally, I have concerns regarding the constant consultation of artists, as they already face an undervaluation of their work and time. In fact, to this day some patrons continue to offer exposure rather than proper remuneration to emerging artists.

Honourable senators, while we may not all speak the same language, celebrate the same holidays or share similar experiences, the arts transcend these differences. I believe Bill S-208 is important to our collective future. Decisions we make today will affect how we rebuild our country coming out of the pandemic. Thank you.

(On motion of Senator Cormier, debate adjourned.)

[Translation]

On the Order:

Resuming debate on the motion of the Honourable Senator Ataullahjan, seconded by the Honourable Senator Boisvenu, for the second reading of Bill S-224, An Act to amend the Criminal Code (trafficking in persons).