Hon. Salma Ataullahjan: Honourable senators, I rise today to speak on Bill S-253, An Act respecting a national framework for fetal alcohol spectrum disorder. I would like to thank Senator Ravalia for introducing this bill. We have been aware of the serious and lifetime consequences of prenatal alcohol exposure for over 40 years, and yet Canada continues to lack a comprehensive, coordinated national framework.

Fetal alcohol spectrum disorder, or FASD, is not only a health issue; it is fundamentally about Canadians’ human rights. As things stand now, countless Canadians may be needlessly struggling from a lack of formal diagnosis and support. As with many issues I have spoken to in this chamber, FASD is often found among vulnerable segments of the population. I believe one of the most heartbreaking aspects of prenatal alcohol exposure is that it is ultimately preventable.

Honourable colleagues, I will be brief, as I believe this bill to be simple, necessary and long overdue.

FASD is not to be taken lightly, as it is the leading cause of neurodevelopmental disability in the country, affecting approximately 4% of the population, which represents over a million Canadians. Of course, there are most likely many more, but we lack the comprehensive data and accessible diagnostics to truly grasp the proportion of Canadians with FASD. Some are born with permanent brain damage, while others, exposed to large amounts of alcohol before they are born, suffer through withdrawal during the very first weeks of their lives. Among the primary disabilities of FASD are issues with memory, filtering out distractions and cognitive processing.

Senator Richards eloquently described the agony that children with fetal alcohol syndrome often live with. They are often unable to stand noise or physical touch, and they live in their own world. To make matters worse, they are susceptible to suggestion from a deep desire to connect with others and be loved. It is not surprising that many struggle to meet society’s age-based social and academic expectations.

Unfortunately, rates of FASD are much higher in certain segments of the population, such as low-income populations, children in care, individuals involved in the justice system, homeless Canadians and Indigenous communities. Research suggests that about 90% of individuals with FASD struggle with mental health issues, and nearly 60% find themselves involved with the justice system, either as an offender or as a victim.

Canadian researchers have estimated that among young offenders, youth with FASD are 19 times more likely to be incarcerated than youth without the disorder. Hence, Canadians with FASD are particularly vulnerable and may experience greater susceptibility to justice involvement and victimization.

The cognitive issues linked to FASD can also make it difficult to access housing, as they may struggle with time and money management, have memory issues and struggle to understand the consequences of their behaviours. Therefore, Canadians with FASD navigate a world in which they must live with the dual impacts of a cognitive impairment and environmental adversity, and they are more likely to experience homelessness.

According to a study exploring the lived experiences of individuals with FASD who are supported by the homeless-serving sector in Calgary, many individuals experiencing homelessness self-report a diagnosis of FASD. Studies also suggest that women experiencing homelessness tend to be more likely to have children with FASD, thus perpetuating a cycle of suffering.

Bill S-253 would require the Minister of Health to develop a national framework designed to support Canadians with FASD, their families and their caregivers. The framework would include measures to standardize guidelines, improve diagnostic and data-reporting tools, expand knowledge bases, facilitate information exchanges and increase public and professional awareness, to name but a few.

The research behind this bill is extensive and inclusive. I would like to congratulate Senator Ravalia on tackling this important yet often overlooked issue. I particularly believe that the required consultations with other ministers, representatives of the provincial and territorial governments, relevant stakeholders, Indigenous communities and organizations and any person or entity deemed appropriate will be crucial in the development of the framework.

My concerns regarding Bill S-253 have less to do with the bill itself and more to do with the Minister of Health’s application of the consultation requirements. The discrepancy between a minister’s perception of the success rate of consultations and the perception of those directly affected by the topic is often discussed in committee hearings. This has been particularly prevalent in the Human Rights Committee hearings on Islamophobia in Canada. I would be remiss to fail to highlight that recurring problem.

I was deeply moved by Senator Richards’ speech a few weeks ago, and I would like to take a moment to thank my honourable colleague for sharing such a personal and moving story. It was eye-opening and heartbreaking. I cannot even begin to fathom the distress your sister-in-law must face every day, wondering how her brother is faring.

Honourable senators, Canadians with FASD deserve to grow up in a safe environment rather than face disproportionate incarceration, stigmatization, violence and rejection. When I walk in Ottawa, outside this very chamber, I wonder how many homeless folks I come across could have been spared such a life of hardship if they had been given a proper chance. Thank you.

(On motion of Senator Martin, debate adjourned.)

[Translation]

On the Order:

Resuming debate on the motion of the Honourable Senator Brazeau, seconded by the Honourable Senator Housakos, for the second reading of Bill S-254, An Act to amend the Food and Drugs Act (warning label on alcoholic beverages).

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).