Hon. Salma Ataullahjan: Honourable senators, I rise today to request leave of the Senate:

That the sixth interim report of the Standing Senate Committee on Human Rights entitled Combatting Hate: Islamophobia and its impact on Muslims in Canada, tabled with the Clerk of the Senate on November 2, 2023, be replaced with a corrected version.

The earlier version had inadvertently misattributed one quote, and the corrected version addresses that error.

We apologize to the witness for this regrettable error.

Hon. Salma Ataullahjan, pursuant to notice of September 28, 2023, moved:

That the Standing Senate Committee on Human Rights be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate its reports on issues relating to human rights generally, if the Senate is not then sitting, and that the reports be deemed to have been tabled in the Senate.

(On motion of Senator Clement, debate adjourned.)

Hon. Salma Ataullahjan: Honourable senators, when 6‑year‑old Palestinian American Wadea Al-Fayoume saw his landlord enter their apartment in Chicago, he was excited to see the man who had attended his birthday party just two weeks prior, and he ran for a hug. The landlord was speaking to his mother about his anger about the conflict in Israel and Palestine. The mother responded, “Let us pray for peace.” But she and her son were instead met with violence when 6-year-old Wadea was met with a seven-inch blade and stabbed 26 times while the landlord allegedly yelled, “You Muslims have to die. You’re killing our kids in Israel. You Palestinians don’t deserve to live.” Wadea’s final words to his mother before passing were, “Mom, I’m fine.”

Wadea’s death at the hands of hate reflects the horrific loss of life we have seen in Israel and Palestine over the last week, where an estimated 1,400 Israelis have died at the hands of Hamas. An estimated 2,450 Palestinians have perished, and at least a quarter are children. I cannot offer more specific numbers, as the death toll is continuously rising.

I was hesitant to speak today for fear of being labelled a “terrorist sympathizer.” But I sit amongst you, colleagues, in the chamber of sober second thought, where we speak on difficult and uncomfortable issues. I strongly condemn Hamas, and this is not the first time I have condemned Hamas. I condemn them for attacking innocent Israeli civilians.

I grieve for the loss of life on both sides. As a vocal human rights advocate, I must remind my colleagues that Israelis and Palestinians both have fundamental human rights that must be respected and protected; to say this is not and should not be controversial.

With reports of city officials in Markham, Ontario, attempting to secretly end Islamic Heritage Month, we must also guard against the surge of anti-Semitism and Islamophobia here at home as a response to the global events.

Yesterday, a man in Michigan was arrested after attempting to find others to help him “hunt Palestinians.” I ask my colleagues today to join me in combatting this rising tide of hate and calling for a ceasefire. There must be an end to hostilities and the unnecessary loss of life. Thank you.

Hon. Salma Ataullahjan: My question is for the government leader in the Senate.

Senator Gold, my office has yet again received disturbing reports regarding online citizenship application procedures.

A permanent resident cardholder applied for their citizenship online and was sent a citizenship test link. However, the instructions clearly stated that they could only complete this online test between 12 a.m. and 1 a.m. that night. Fortunately, the applicant was aware of standard procedure and was ultimately given 21 days to complete the test.

Many applicants have undoubtedly found themselves in this situation, which is unacceptable and applies unnecessary additional stress on applicants who are not aware of their rights. My question, Senator Gold, is: What is being done to rectify these mistakes?

Hon. Salma Ataullahjan, pursuant to notice of June 6, 2023, moved:

That the Standing Senate Committee on Human Rights be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate, no later than September 30, 2023, interim reports on issues relating to human rights generally, if the Senate is not then sitting, and that the reports be deemed to have been tabled in the Senate.

Hon. Salma Ataullahjan, pursuant to notice of April 26, 2023, moved:

That, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the Government to the fourth report of the Standing Senate Committee on Human Rights, entitled Human Rights of Federally-Sentenced Persons, tabled in the Senate on June 16, 2021 and adopted on June 23, 2021, during the Second Session of the Forty‑third Parliament, with the Minister of Public Safety being identified as minister responsible for responding to the report, in consultation with the Minister of Justice and Attorney General of Canada, the Deputy Prime Minister and Minister of Finance, the Minister of Indigenous Services, the Minister of Crown-Indigenous Relations, the Minister for Women and Gender Equality and Youth, as well as the Minister of Housing and Diversity and Inclusion.

Hon. Salma Ataullahjan introduced Bill S-263, An Act respecting the National Strategy to Combat Human Trafficking.

(Bill read first time.)

Hon. Salma Ataullahjan: Honourable senators, I rise today to speak on the continued suffering of Afghans since the Taliban took over. I have spoken numerous times in the past about the erasure of women from society, the gnawing hunger taking innocent lives and the complete disregard for basic human rights.

I have also shared with you my memories of Afghanistan, a beautiful country filled with music, art and laughter. Kabul was once our favourite holiday destination.

Recently, when we thought things could not get any worse, we heard of babies dying from preventable diseases across the country. According to UNICEF, at least 167 Afghan babies die on a daily basis from illnesses that could be and should be cured with the right medication. Afghan hospitals are understaffed and overrun, with rooms filled with sick children, often two to a bed, and only two nurses to care for 60 children.

Colleagues, we are witnessing the complete collapse of Afghanistan’s health care, which has relied on foreign funds and is facing dwindling funds since the Taliban banned women from working in NGOs. Health care workers must use what they have on hand, which is very little. Nurses are often working 24-hour shifts and cannot attend to sick babies in critical condition. Some children are dying from a simple lack of oxygen, since the hospital only has power at night and doesn’t have enough supplies of raw materials to produce oxygen on-site.

Some cannot make it to the hospital in time because of the road conditions. Others cannot make the journey. In some cases, parents prefer to take their dying children home as the hospital cannot help them. They prefer to die with their loved ones.

Families are struggling to eat, and one father, watching his daughter struggle to breathe, explained that he cannot even afford to buy a single cup of tea. If it weren’t for a lack of funds, his child would not have had to suffer that way.

Honourable senators, Afghan hospitals are no longer places of care and healing. They are now a place to die. Thank you.

Hon. Salma Ataullahjan: My question is for the Leader of the Government in the Senate.

Senator Gold, last Thursday I asked about the unacceptable wait time for visitor visas for Pakistan, which was 638 days. Yesterday, I heard from community members that it has gone up this week to 802 days — this is inhumane.

Leader, that means that family members have to wait for almost two years to be able to visit their loved ones. What is being done to reduce the wait time for visas?

Hon. Salma Ataullahjan, pursuant to notice of April 26, 2023, moved:

That, notwithstanding rule 12-15(2), the Standing Senate Committee on Human Rights be empowered to hold in camera meetings for the purpose of hearing witnesses and gathering specialized or sensitive information in relation to its study of human rights generally, specifically on the topic of anti-racism, sexism and systemic discrimination in the Canadian Human Rights Commission.

Hon. Salma Ataullahjan: Honourable senators, I give notice that, two days hence, I will move:

That, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the Government to the fourth report of the Standing Senate Committee on Human Rights, entitled Human Rights of Federally-Sentenced Persons, tabled in the Senate on June 16, 2021 and adopted on June 23, 2021, during the Second Session of the Forty‑third Parliament, with the Minister of Public Safety being identified as minister responsible for responding to the report, in consultation with the Minister of Justice and Attorney General of Canada, the Deputy Prime Minister and Minister of Finance, the Minister of Indigenous Services, the Minister of Crown-Indigenous Relations, the Minister for Women and Gender Equality and Youth, as well as the Minister of Housing and Diversity and Inclusion.

Hon. Salma Ataullahjan moved:

That the fifth report of the Standing Senate Committee on Human Rights, entitled Canada’s Restrictions on Humanitarian Aid to Afghanistan, tabled in the Senate on December 14, 2022, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Justice and Attorney General of Canada being identified as minister responsible for responding to the report, in consultation with the Minister of Public Safety and the Minister of International Development and Minister responsible for the Pacific Economic Development Agency of Canada.

Hon. Salma Ataullahjan: My question is for the government leader.

The Standing Senate Committee on Human Rights has been working extensively to understand the extent of Islamophobia in Canada. Recently, testimony by officials from the Canada Revenue Agency as well as from the Office of the Taxpayers’ Ombudsperson shed light on systemic biases in the Canadian government. We learned that the CRA has been obstructing the ombudsperson’s investigation on the grounds of national security and his lack of jurisdiction. The CRA Charities Directorate’s director general shared that the framework used for audits was not established or created at the CRA.

Leaders in the Muslim charity sector have been speaking out against systemic biases for years now, and their fears have since been confirmed by reports by the University of Toronto Institute of Islamic Studies and the International Civil Liberties Monitoring Group.

Leader, why did it take a Senate study on Islamophobia to finally get the ball rolling on this issue?

Hon. Salma Ataullahjan: Thank you for your question.

The committee had 20 meetings totalling over 36 hours. We have heard from 111 witnesses. We travelled to Vancouver; Edmonton; Quebec City, where we visited the mosque where the terrorist attack took place, and Toronto.

We hear the same thing in practically every city we visit. We heard heartbreaking testimony from Muslim Canadians who continue to struggle to feel accepted and safe in their communities. The trauma that many have experienced through physical and verbal assault, hurtful stereotypes in the media — the role the media plays kept coming up — racial profiling and discrimination are also passed down through younger generations as multi-generational trauma.

I would like to add that women, particularly Black Muslim women, experience greater discrimination and harassment, especially if they choose to wear the hijab.

We still have a lot more witnesses to hear from. We are asking the media to appear. Hopefully, by spring of next year, we should finish the study. Thank you.

[Translation]

Hon. Salma Ataullahjan moved third reading of Bill S-224, An Act to amend the Criminal Code (trafficking in persons).

She said: Honourable senators, I rise today to speak to Bill S-224, which aims to facilitate the conviction of those charged with human trafficking-related offences. This bill will amend the Criminal Code’s definition of exploitation in human trafficking offences so that the Crown is no longer required to prove that a reasonable person in the victim’s circumstances feared for their safety or the safety of someone they know. This will put the onus on the perpetrator rather than the survivors.

I would like to thank Senator Miville-Dechêne for showing support for this bill and offering suggestions to strengthen the bill while highlighting the necessity to first change the wording of the current definition of exploitation in human trafficking offences in the Criminal Code.

Human trafficking is a modern form of slavery that is on the rise worldwide, with an estimated 40 million victims. It is a practice that relies on abuse and coercion to exploit young victims for sexual purposes or work. Traffickers will approach victims in various ways, either by convincing them that they are a potential friend or boyfriend, contacting them on social media, posting ads for jobs or even threatening or kidnapping them. Victims often do not realize that traffickers don’t have their best interests at heart.

In Canada, the geography and layout of the highways makes it easy for traffickers to avoid detection by law enforcement and maintain control over their isolated and disoriented victims. Although there is a popular belief that victims of human trafficking are brought into the country, most victims are young Canadian women. Among the most at-risk groups are women and girls, new immigrants, children in the welfare system, persons living with disabilities, members of the LGBTQ2+ community and migrant workers. The most vulnerable are Indigenous children who live with the impact of hundreds of years of ongoing trauma.

It is incredibly difficult for a victim to break free from their trafficker, and it is a practice known as low risk with high reward among traffickers. Very few cases have been successfully prosecuted in Canada: According to Statistics Canada, less than 8% of perpetrators charged with human trafficking have been prosecuted.

Too much responsibility is put on the shoulders of people who have endured unimaginable things. Most survivors do not identify as victims as a result of manipulation and gaslighting, and yet they are usually the only evidence against traffickers. Without their testimony, the Crown has no case.

Sadly, testimony shows that the fear-based model is the biggest issue when dealing with convictions and that the experience is more traumatizing than being forced to work in the sex trade. During cross-examination, it is common for the defence lawyer to twist their words and call them a liar. This can lead to survivors recanting or simply dropping charges.

According to the current Criminal Code, the offence rests more on a victim’s ability to perform on the witness stand rather than on what the perpetrator has done. Hence, human trafficking charges are often dropped, and traffickers are charged under related crimes such as prostitution-related offences, kidnapping, assault, sexual assault and sexual exploitation. This is not justice.

Honourable senators, by removing this barrier — the element of fear — we will finally be able to tackle bigger challenges in human trafficking in Canada. This is the first crucial step to putting an end to this horrible practice in our country. Thank you.

Hon. Salma Ataullahjan moved:

That the fourth report of the Standing Senate Committee on Human Rights, entitled The Scars that We Carry: Forced and Coerced Sterilization of Persons in Canada — Part II, deposited with the Clerk of the Senate on July 14, 2022, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Health being identified as minister responsible for responding to the report, in consultation with the Minister of Justice and Attorney General of Canada, the Minister of Indigenous Services and the Minister for Women and Gender Equality and Youth.

She said: Honourable senators, as Chair of the Standing Senate Committee on Human Rights, I wanted to take a few minutes to speak to you about the committee’s report entitled The Scars that We Carry: Forced and Coerced Sterilization of Persons in Canada — Part II. This report highlights the experiences and perspectives of survivors and outlines solutions that the committee believes are needed to bring an end to this practice.

Our study found that the practice of forced and coerced sterilization of persons in Canada is ongoing, and that law and policy changes are needed to prevent it from being inflicted on others.

As part of the study, the committee heard from academic and civil society representatives, as well as survivors of forced and coerced sterilization, and wishes to extend its deepest gratitude to these witnesses. Their testimony not only confirmed the ongoing practice of forced and coerced sterilization in Canada, it also described various forms of coercion used by medical personnel to obtain consent.

Our report provides 13 recommendations that can only begin to address the issue of forced and coerced sterilization in Canada. We are hopeful that this report and its recommendations can help lead to meaningful change by finally stopping the practice in its tracks. Thank you.

Hon. Salma Ataullahjan: Honourable senators, I rise today to speak on Bill S-9, An Act to amend the Chemical Weapons Convention Implementation Act.

As I stated in relation to this bill at second reading, I would like to thank Senator Coyle for her dedication and her passion, and for once again introducing this bill. This bill allows us to finally uphold our country’s strong stance on controlling dangerous chemicals which can be used as weapons of mass destruction in addition to nuclear and biological weapons.

Let’s not forget that Canada played an important role in the creation of the Chemical Weapons Convention, or CWC, having been one of the first countries to sign on to it in 1993. To this day, Canada continues to actively serve on the executive council of the Organisation for the Prohibition of Chemical Weapons.

While I support this bill, I must voice my one and only concern. I worry about the fact that the government allowed the previous bill, Bill S-2, to simply die on the Order Paper during the last Parliament after we dutifully passed that bill through the Senate. Hopefully, this mistake will not be repeated.

I am also concerned about the way Russia has undermined the CWC through its invasion of Ukraine. I am, of course, particularly worried that Russia may go as far as using weapons of mass destruction — including, perhaps, chemical weapons — in Ukraine.

Honourable senators, the potential threat of chemical warfare in Ukraine makes it all the more important that we stand by our principles and support the CWC as strongly as we can. I am pleased that the Senate is about to pass this bill once again. This time I urge the government to ensure its speedy passage through the House of Commons. Thank you.

Hon. Salma Ataullahjan: Senator Gold, thank you for your thoughtful and insightful speech. I have a couple of questions.

Senator Gold, multiple reports, including one by the Canadian Human Rights Commission, have found that individuals who are racialized or Indigenous are at a much greater risk of being selected for so-called random screening and extra questioning. One study found that 79% of Muslims — or their friends and family — have experienced unfair treatment. We have heard many times our colleague Senator Jaffer being very vocal about how she is regularly pulled over for random screening.

Do you worry that border guards will misuse their authority to access our phones, which contain intimate details on every aspect of our lives? In fact, our phones have become an extension of our inner lives.

Hon. Salma Ataullahjan: Senator, would you take a question?

Hon. Salma Ataullahjan: Honourable senators, my question is for the government leader in the Senate.

Delays in our airports have become more than unpleasant; they have become problematic. According to the Toronto Star, roughly 27 flights per day were cancelled last week. Travellers at Toronto Pearson Airport have faced long lineups, delays and cancellations, so much so that it has attracted international attention.

These issues are affecting Canadians trying to get their lives back on track after the pandemic. A bride was late to her own wedding after her flight was cancelled, and she spent the night at the airport. A brother and sister rushing home to see their father before he passed away were forced to say goodbye over the phone because their Air Canada flight through Pearson was cancelled.

I abandoned flying to Ottawa this week for my Senate duties and drove five hours from Toronto to avoid the delays, cancellations and waiting on the tarmac in the airplane.

Senator Gold, Mississauga Mayor Bonnie Crombie has been calling the situation “completely unacceptable.” I agree. What is your government’s plan to end the chaos at Toronto Pearson Airport?