Hon. Salma Ataullahjan: Honourable senators, I note that this item is at day 15. With leave of the Senate, I ask that consideration of this item be postponed to the next sitting of the Senate.

Hon. Salma Ataullahjan: Honourable senators, I note that this item is at day 15. Therefore, with leave of the Senate, I ask that the consideration of this item be postponed until the next sitting of the Senate.

Hon. Salma Ataullahjan: Honourable senators, I rise to speak in oposition to the government’s motion to introduce the time allocation on Bill C-21.

The more one looks at the actual provisions of Bill C-21, the more one realizes how many issues have been given short shrift in the Senate’s review of this legislation.

One major issue that has been ignored is the total inadequacy of the current bill when it comes to the spike in violent crime — in particular, gun crime — that is plaguing some of our most vulnerable communities.

As a Toronto senator, I have seen the horrendous rise in gun violence. I have been asked repeatedly by community members who worry about their friends and family, what is being done to protect their loved ones.

In fact, I was at a community event this weekend, and the one thing everyone was talking about was how unsafe they are feeling in their homes. They were asking, “What are we going to do?” and “What is the government prepared to do?”

We have already had some idea about how the government’s ill-considered measures in Bill C-5 and Bill C-75 have ensured a spike in violent crime in urban Canada.

We know, for example, that under Bill C-5, the government repealed several mandatory sentences for gun crime, including using a firearm or imitation firearm in the commission of an offence; possession of a firearm or weapon knowing its possession is unauthorized; possession of a prohibited or restricted firearm with ammunition; possession of a weapon obtained by commission of offence; discharging a firearm with intent; robbery with a firearm; and extortion with a firearm.

The government argued that none of these specific measures related to bail would “. . . ensure that release at the earliest opportunity is favoured over detention . . . .”

The impact of that has been nothing short of devastating.

In British Columbia, one study examined 425 bail hearings involving a suspect accused of a violent crime and with a breach of bail conditions on their file. Of those 425 hearings, the Crown sought detention orders in only 222 cases or 52% of the time. That meant that in nearly 50% of the cases, violent criminals with bail breaches on their files were back on the streets.

My province of Ontario has experienced a 57% increase in serious violence and weapons cases before the courts between 2018 and 2021.

There is no question in my mind that our courts are already overburdened, and some cases are often years behind in being heard. For example, the Toronto Police Service reports that in the last two years, 17% of those charged in Toronto with shooting-related homicides were already out on bail at the time of the alleged fatal shooting.

Therefore, every decision we take in this chamber matters. It will have a ripple effect throughout the country and impact the communities we live in.

When we pass legislation that is ill-considered, it is Canadian communities and often the most vulnerable in those communities who suffer the most. Now the government is intent on doing that once again by cutting off debate on Bill C-21.

However, I believe the fact that the Standing Senate Committee on National Security, Defence and Veterans Affairs dedicated 12 meetings to this bill is indicative that we too must be diligent in our debates. Senators, we are here to debate and listen to each other’s views whether we agree or disagree.

Honourable colleagues, I urge you to reject this motion, if only to ensure that vulnerable communities do not pay the price of a speedy adoption of Bill C-21.

You only have to look at cities like Mississauga and Brampton, where people are feeling unsafe in their homes, where we’re having home invasions, and guns are used. People are being pistol-whipped. The fear is real. I worry when my own daughters go out in Toronto. I worry about what they will be facing because there are so many shootings. Young people go to clubs; we can’t stop them. I am up the whole night until they get home. For some of us, especially parents in Mississauga and Brampton who have spoken to me, this fear is real. Thank you.

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: Honourable senators, I have the honour to inform the Senate that pursuant to the orders adopted by the Senate on March 3, 2022, and October 26, 2023, the Standing Senate Committee on Human Rights deposited with the Clerk of the Senate on November 2, 2023, its sixth report (interim) entitled Combatting Hate: Islamophobia and its impact on Muslims in Canada and I move that the report be placed on the Orders of the Day for consideration at the next sitting of the Senate.

(On motion of Senator Ataullahjan, report placed on the Orders of the Day for consideration at the next sitting of the Senate.)

Hon. Salma Ataullahjan: Honourable senators, I rise today to speak on the lasting friendship between Canada and Bahrain. Bahrain is a Persian Gulf country, an island country that comprises 50 natural islands.

Our countries have enjoyed a collaborative relationship on issues such as regional security, trade and investment. In fact, our commercial relationship has grown in the past few years, as Bahrain is a member of the Gulf Cooperation Council.

Last June, I had the pleasure of launching the Canada-Bahrain Friendship Group, alongside a number of fellow senators and members of Parliament. His Excellency Shaikh Abdulla bin Rashed Al Khalifa, Ambassador of Bahrain, took this occasion to commend Canada’s stance in support of global peace and security and our commitment to security of maritime navigation through our participation in the joint forces.

I’m also happy to share that this year marks the fiftieth anniversary of the establishment of diplomatic relations between Canada and Bahrain and a mutual desire for both our countries to foster deeper ties. I believe the new Friendship Group will prove to be a valuable space to achieve these goals. I look forward to our future collaboration.

Thank you.

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: Honourable senators, I give notice that, at the next sitting of the Senate, I will move:

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.

[Translation]

Senator Ataullahjan: Senator Gold, these mistakes do not end there. We have also heard reports of frequent errors in the system that lead applicants to believe their oath ceremonies have been scheduled, only for them to be cancelled at the last minute. These administrative errors can have important consequences on applicants’ emotions and schedules.

Senator Gold, the citizenship process in Canada is lengthy, stressful and filled with administrative hurdles. Why do such administrative mistakes continue to happen?

Hon. Salma Ataullahjan: Honourable senators, I give notice that, at the next sitting of the Senate, I will move:

That the Senate call on the Government of Canada to recognize the erasure of Afghan women and girls from public life as gender apartheid.

Hon. Salma Ataullahjan: Honourable senators, I have the honour to table, in both official languages, the report of the Commonwealth Parliamentary Association concerning the Bilateral Visit to the United Kingdom, held in London, England and Cardiff, Wales, from January 16 to 20, 2023.

Hon. Salma Ataullahjan: Honourable senators, I wasn’t expecting to speak, but it being World Refugee Day, I thought I should speak. I want to remember the millions displaced and acknowledge their resilience and struggles. As senators have been speaking, I have been sitting and scribbling on paper. Senator Omidvar gave us the numbers, but I want to share with you that 52% of the current refugees are from three countries: Syria, Ukraine and Afghanistan. Over 43 million are children. We are witnessing the highest level of displacement on record.

Only 3% of refugee children will go to school or have higher education. For refugee girls, it’s even more difficult. Refugee girls have less access to education than boys and are half as likely to be enrolled in school by the time they reach secondary level. UNESCO estimates that if girls completed primary education, child marriage rates would go down by 14%, and if they completed secondary education, the rates would plummet by 64%.

Canada, once again, has come out as the leader. We have been and continue to be a world leader in accepting refugees. But on this day I want to think back to the people I have seen in refugee camps. I want to mention the young boy whom I met earlier this year. I asked him about his education and the education of the girls. He was from a small remote village in Afghanistan. He was selling stuff in my hometown, and I stopped to talk to him. He said, “Girls? Girls don’t get an education.” He said, “I don’t have an education. I went to class 6 and that was it.”

I want to acknowledge the widow whom I met when the people of Swat were displaced by the Taliban. When I was in the camp, she told me:

They keep telling me, “Bring your husband.” I’m a widow. I have been a widow for 20 years. They won’t let me have any aid unless I have a man by my side.

I think of the women whose tents I went into who said, “We need help; we need feminine products. We can’t ask the men.” And I was a spokesperson for these people. These are some of the stories that I have lived through, that I have seen, that we continue to see.

I want to thank every one of you, my colleagues. You have stood with us when we speak in support of the refugees, as we did on Bill C-41. I want to thank you for that. I want to remind you: Let’s not forget those who are displaced and let’s applaud their courage. Thank you very much.

Hon. Salma Ataullahjan: Honourable senators, I rise today to speak on Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts, which would amend the Criminal Code to allow the provision of international assistance and immigration activities in areas controlled by terrorist groups.

Without this bill, humanitarian aid agencies would run the risk of breaking the law by attempting to provide aid within Afghanistan. Section 83.03(b) of the Criminal Code holds that every person is guilty of an indictable offence, making a person liable to imprisonment for a term of not more than 10 years, if they directly or indirectly collect, provide property, financial aid or other services knowing that they will, in part or in whole, benefit a terrorist group.

The revised version of Bill C-41 aims to allow humanitarian aid agencies to provide life-saving food, shelter and health care in any geographic area controlled by terrorist groups without a team of lawyers.

Before I go any further, I would like to take a moment to thank my colleague Senator Omidvar for her continued efforts to help Afghans through Lifeline Afghanistan. Thank you to Senator Jaffer for her commitment to the people of Afghanistan, and thank you, Senator McPhedran.

I would also like to thank my colleagues on the Senate Human Rights Committee for their work on the issue. As Senator Omidvar mentioned, the committee presented a timely and practical report in December 2022, and many of the recommendations are reflected in the amended version of Bill C-41.

Today, I would like to echo the sponsor’s support for Bill C-41, especially with its proposed amendments. Enough time has been lost since the Taliban took Kabul by force, and our priority should be to provide vital humanitarian assistance to starving Afghans. As it has been so eloquently explained, the amendments to the bill are critical to reducing the burden on humanitarian actors.

Colleagues, as many of you may know, Afghanistan has always held a special place in my heart. As a young child growing up in Peshawar, Pakistan, there were few things I would look forward to more than a journey to Kabul. I have fond memories of summers spent in Afghanistan where the people were generous, the landscapes breathtaking and the food incomparable. The Afghanistan of my youth was a laid-back, fun society where men and women were free to enjoy restaurants, discos — that’s what they called them then — and open-air theatres. There were gardens everywhere, filled with families coming together to enjoy spending time in nature. Women had a very visible presence in every place in society, and it was common to see women owning businesses.

But life for the people of Afghanistan has changed due to the Soviet invasion in 1979. Since then, peace has eluded Afghanistan. Decades of war have taken its toll.

Currently, the country is facing an unprecedented humanitarian crisis. Two thirds of the country’s population will need humanitarian assistance this year alone, and nearly 95% of Afghans are malnourished. According to Ramiz Alakbarov, the UN Deputy Special Representative, Resident and Humanitarian Coordinator for Afghanistan, “The fate of an entire generation of Afghans is at stake.” Women and girls have been completely erased from society — being denied education, employment and freedom of movement because of their gender.

This is not the first time I have risen in this chamber to share my concerns for the people of Afghanistan. In February, I urged the government to help Afghans dying from the cold and hunger during one of the harshest winters that Afghanistan has seen in years. In March of last year, I spoke of the looming famine for 24 million Afghans, forcing many to sell a kidney, or worse, their daughters, as Senator Jaffer just mentioned. In November 2021, I expressed the heartbreak I felt upon witnessing the despair of Afghans left behind, and the complete erasure of women and the arts from public life.

Even as a new senator in 2010, I proposed a study on the role of the Canadian government in supporting women’s rights after ending combat operations in Afghanistan. The committee recommended concrete ways that Canada could make the advancement of women’s rights a fundamental element of its approach to Afghanistan post-2011.

More recently, the Standing Senate Committee on Human Rights presented a report on humanitarian assistance to Afghanistan, more specifically on how Canada’s terrorism financing laws affect the delivery of aid to vulnerable people in Afghanistan. The committee heard from key stakeholders who explained that, because of section 83.03(b) of the Criminal Code, crucial services were put on pause. This included services, such as midwives in remote areas, shipments of aid and supplies aging in warehouses. Martin Fischer from World Vision Canada shared with the committee that an overly restrictive interpretation of section 83.03(b) ultimately only penalized the most vulnerable people in Afghanistan, including the women and girls that Canada’s Feminist International Assistance Policy is meant to protect.

The committee put forth five recommendations, including that the Department of Justice urgently introduce legislation to create an explicit humanitarian exemption to section 83.03(b) of the Criminal Code, clarifying that legitimate humanitarian aid — absent of any terrorist intent — that results in an incidental benefit to a terrorist group would not fall within the ambit of this provision.

Colleagues, I am glad to see that the amended version of Bill C-41 includes a humanitarian carve-out proposed by the NDP, but I wish to remind you that over a year ago, Canada’s allies, such as the U.S., the U.K., the European Union and Australia, had already issued blanket exemptions for humanitarian aid workers. NDP foreign affairs critic Heather McPherson stated:

Canada’s the only one that put barriers up for humanitarian organizations, instead of making it easier for them to be on the ground doing the work helping Afghans.

Although I fully support Bill C-41, I must share some of my concerns about this legislation. Fortunately, I believe they are completely avoidable with enough preparation and foresight. As you are now aware, Bill C-41 offers two pathways for humanitarian organizations to provide aid in areas controlled by terrorists. The humanitarian exemption protects impartial humanitarian organizations from Canada’s anti-terrorism laws without having to seek authorization from the government. For permissible development activities, eligible persons and organizations must seek authorization by the government to be shielded from criminal liability. To this end, the Minister of Public Safety must provide, upon request, information to organizations and persons wondering if they require such an authorization from the government.

However, I learned that some administrative details have not yet been defined, as it is not clear how organizations are meant to contact the minister. It was suggested that it may be a process similar to requesting that one’s name be taken off the no-fly list: contacting the minister’s office by email. If the issues that we have heard about this process are indicative of the efficiency of such a process, I believe there is room for improvement. As for the availability of information for potential applicants, Richard Bilodeau, Director General of Public Safety Canada, shared that it should eventually be found on a website, but nothing has been set in stone yet.

I understand that the amendments to this bill may have taken offices by surprise, but I am concerned that the necessary additional staff have not yet been hired to analyze incoming applications as soon as Bill C-41 receives Royal Assent.

I also asked Minister Mendicino about the projected timeline for processing and analyzing applications. I was informed that it would be on a case-by-case basis, as security reviews can take longer for organizations that they are less familiar with. I suggested to the minister that they might find a way to fast-track these assessments for certain organizations, such as the Red Cross, World Vision and Doctors Without Borders, to hasten the process and get humanitarian organizations in Afghanistan as quickly as possible.

Again, I must stress that these issues can be resolved, and that the government’s latest budget included funding to staff affected offices. Indeed, the current version of Bill C-41 may not be perfect, but as Dr. Erica See, Senior Legal Counsel at the Canadian Red Cross, shared during the Human Rights Committee’s pre-study on the bill:

. . . it is what’s needed to give the humanitarian sector a path forward — a door, if you will — to provide humanitarian assistance in contexts like Afghanistan.

Honourable senators, it is heartwarming to know that all the parties in the other place worked in committee to make Bill C-41 a better bill than what was introduced at first reading. Senators, as the critic of this bill, I urge you to pass this bill without delay, and to finally give a glimmer of hope to many Afghans.

As Dr. See told the Human Rights Committee on Monday, “Should the bill not pass now, we will see another anniversary in Afghanistan without greatly needed humanitarian support.”

Like Senator Coyle said, manana, tashakor, thank you.

Hon. Salma Ataullahjan introduced Bill S-267, An Act to amend the Criminal Code (aggravating circumstance — evacuation order or emergency).

(Bill read first time.)

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: Honourable senators, I give notice that, at the next sitting of the Senate, I will move:

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: Honourable senators, I rise today to pay tribute to my friend Senator Bovey.

I had the pleasure of getting to know Senator Bovey through the Artwork and Heritage Advisory Working Group. This working group has become a vibrant group under her leadership and is a testament to Senator Bovey’s commitment to the arts in Canada. This is quite a feat, as our meetings are sporadic and often fall during busy weeks, when we are all tired, stressed and struggling to find time to complete all of our work.

In spite of this, Senator Bovey chairs our meetings with energy and joy, enthusiastically sharing updates on upcoming art installations in the Senate, artists who have agreed to loan us their art and possible collaborations to showcase important issues that have been raised by fellow senators. Even the Senate building itself is a representation to her outstanding commitment and determination. Artworks by Canadian artists grace every possible nook and cranny, offering visibility for their work and often sparking discussions among senators, staff and guests. What I am trying to say is that Senator Bovey is the heart and soul of the Artwork and Heritage Advisory Working Group, and I will miss you greatly.

Senator Bovey, thank you for bringing Canadian artists and their work to the Senate of Canada. I wish you well as you retire and move on to new challenges.

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.