Hon. Marilou McPhedran: Senator Gold, because I don’t belong to any Senate caucus I wasn’t able to ask this question of the President of the Public Service Commission at Committee of the Whole last December, so I’m pleased to be able to ask you the question.

Can you inform this chamber if whole-of-government policy directives regulating the use of non-disclosure agreements, or NDAs, in resolving employee grievances about harassment exist? Does the government track frequency, cost and other related metrics related to the usage of NDAs in departments, Crown corporations and other entities receiving federal funding?

Hon. Marilou McPhedran: My question is to Senator Gold, and it relates to the Treaty on the Prohibition of Nuclear Weapons. I like that smile.

As you know, Canada — rather resolutely — ignores this treaty, the third of three dealing with nuclear proliferation. Beginning in just a couple of weeks, on November 27 in New York at the United Nations, there will be the second meeting of states parties to the treaty. At the first meeting last June in Vienna, no one from Canada was there even to observe — except for me, at my own expense. And now we have the second meeting of the states parties. We have country members of North Atlantic Treaty Organization, or NATO, sending observers, but so far, not a peep from Canada.

Senator Gold, could you please tell us if Canada is actually going to pay any attention and send observers to the second meeting of the states parties?

Hon. Marilou McPhedran: This is my lucky day, Your Honour. Thank you. I have a question for Senator Gold.

Sustainable Development Technology Canada is a federally funded agency mandated to find, fund and foster Canadian innovation in the green/clean technology field, providing more than $1.5 billion to Canadian start-ups to date.

Unfortunately, it has also been rocked by allegations of financial mismanagement, conflicts of interest, workplace harassment and a volatile, toxic work environment. Canada’s Ministry of Innovation, Science and Economic Development ordered a review of the agency’s practices, which is now done.

Senator Gold, I was contacted by some potential whistleblowers with knowledge of this workplace who indicated that some staff were pressured to sign non-disclosure agreements, or NDAs, to conceal information about their negative experiences. Because the review has been described —

Hon. Marilou McPhedran: My question is to Senator Gold, please. It relates to the follow-up to Bill C-65.

In 2008, Canada committed to addressing the pervasive problem of workplace violence and harassment by enacting Bill C-65 with new reporting requirements in the Canada Labour Code, such as tracking occurrences of sexual violence, discrimination and harassment in federally regulated workplaces, including in this place for the first time.

Given the dearth of Canadian data on workplace harassment and violence and the severe effects on the affected workers, who are disproportionately women, members of visible minorities, persons with disabilities and gender-diverse people, this new law promised to shine a light on the nature and prevalence by requiring federal employers to submit annual reports to the minister and by committing the Minister of Labour to table annual reports in both houses of Parliament, summarizing the information submitted by employers. However, annual employer monitoring and reporting was delayed nearly three years after Bill C-65 became law.

As the five-year anniversary approaches since the bill came into force, and two employer reporting cycles have now come and gone, Canadians have yet to see the publication of any report by the Minister of Labour on the results of monitoring efforts so essential for strengthening harassment and violence prevention efforts and holding perpetrators accountable.

Senator Gold, why has the government delayed addressing the prevalence of federal workplace harassment and violence, in particular, sexual misconduct? When can Canadians expect to see the Minister of Labour’s overdue reports? Will the minister’s reports note if non-disclosure agreements have been secretly used to settle sexual misconduct complaints?

Hon. Marilou McPhedran: This is a pleasant surprise. My question is to Senator Gold, please.

Recently, I had the honour of co-hosting with Senator Lynn Ruane of Ireland an international round table, the first of its kind, that brought together lawmakers from many different countries who are leading in making new laws to address the misuse of nondisclosure agreements, or NDAs, that are used against victims of harassment and sexual misconduct in private and public workplaces, including publicly funded universities.

A report from Employment and Social Development Canada found in 2017 that 60% of women reportedly experienced sexual harassment in the workplace. As demonstrated by Hockey Canada, NDAs are often used to gag victims of sexual misconduct in the interests of the institution perpetuating the violating behaviour.

My question today is focused on the International Labour Organization’s Convention No. 190 entitled Eliminating Violence and Harassment in the World of Work. The International Labour Organization adopted this in 2019 as the first international treaty to recognize the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment. Twenty governments have ratified this convention, Senator Gold, but Canada has not. The Canadian federal government has no clear legislation to identify, regulate and stop the misuse of NDAs.

My question is: When will Canada adopt ILO Convention No. 190 and join these countries to start putting in place the necessary laws and policy measures to more effectively prevent violence and harassment in the world of work?

Senator McPhedran: Senator Gold, could you add to that inquiry, please, a specific request to specify what kind of transparency and accountability mechanisms are in place or are planned to be put in place?

Senator McPhedran: Senator Gold, in addition to that inquiry, if you would, please ask for a reason. If we are not sending anyone to represent the Government of Canada to listen, to gather information and to come back, please ask why. Thank you.

Hon. Marilou McPhedran: Honourable senators, this is a question to the government leader, Senator Gold.

Senator Gold, my question follows on my previous question when I asked if Canada was going to join with other NATO members Norway and Germany in sending an observer delegation to Vienna next week for conferences hosted by the government of Austria. We got a tentative seemingly positive answer, but nothing firm, so I am asking again today.

This question comes in the context of Russian President Vladimir Putin’s nuclear threats and the nine nuclear-armed states spending $82 billion on nuclear weapons in 2021, an increase of more than $6 billion. The Vienna Conference on the Humanitarian Impact of Nuclear Weapons will take place on June 20, and it will include a session reserved for parliamentarians. The conference will bring together states representatives, international organizations, scientists and civil society to look at the research on humanitarian consequences and risks of nuclear weapons. The next day, Austria is hosting the first meeting of the states parties that ratified the UN Treaty on the Prohibition of Nuclear Weapons activated last year.

Senator Gold, why is Canada refusing to participate, failing to send parliamentary observers to these two historic and crucial conferences in the way that Norway and Germany are — also NATO members?

Hon. Marilou McPhedran: Honourable senators, it is Manitoba Day. It has been mentioned already, and I have a question to Senator Gold.

Could you explain to us, please, the significance of Chief Peguis for Manitoba?

Hon. Marilou McPhedran: Senator Gold, would you take another question?

Senator McPhedran: My question is to Senator Gold. Although, Senator Gold, I remain keenly interested in the section 59 motion by senators and members of Parliament crossing all political boundaries, if possible, I do have to ask if you will forgive me because I misspoke. I gave information from only my perspective, from my office, which is many blocks away from Senator Pate’s office. After I indicated that trucks had been stopped by our security forces, Senator Pate sent me a photograph taken at four o’clock on Friday, January 28, clearly showing me that there were trucks parked in front of her office on Wellington. Please, I hope you will accept this correction and the fact that I made a statement based on my limited perspective.

Senator McPhedran: I stated that at the beginning, Your Honour. My question to Senator Gold was whether he would forgive me for that partial information.

Senator McPhedran: I wish to thank Senator Gold for his assurances and wish everybody the best of the season.

Hon. Marilou McPhedran: Honourable senators, my question is to Senator Gold.

I ask this question in the midst of the international 16 Days of Activism against Gender-Based Violence. My question to the government is about Canada speaking out of concern for the safety and freedom of Chinese tennis star Peng Shuai, which has been in serious doubt since the beginning of November when she accused a powerful former Chinese Communist Party official of sexual assault. Senator Gold, in a recent statement, Human Rights Watch criticized the International Olympic Committee’s, or IOC, eagerness to ignore the voice of an Olympian who may be in danger and to support claims of state-sponsored media in China. Why has Canada not spoken out about this case and called for an independent investigation as other governments have?