SoVote

Decentralized Democracy

Ratna Omidvar

  • Senator
  • Independent Senators Group
  • Ontario
  • Dec/13/22 2:00:00 p.m.

Hon. Ratna Omidvar: My question is for the Leader of the Government in the Senate, Senator Gold.

Senator Gold, let me first start with the good news before I get to my question. Yesterday, The Globe and Mail reported that Minister Sajjan and the government will table amendments to the Criminal Code so that international aid organizations operating in Afghanistan will be exempt from criminal charges under the code. However, as much as I am relieved that the government is listening to all the voices that have been raised on this issue, it concerns me that such an amendment will likely take a few months, at least, before it is passed into Royal Assent. We know that in this chamber. We could be looking at April or May.

Senator Gold, it is winter in Afghanistan now. The people in Afghanistan are freezing now, they are hungry now, they are sick now, and they need our help now. They cannot wait for Canadian due process to receive urgent aid to save their lives. Will the Attorney General then undertake an interim measure to guarantee the non-prosecution of Canadian international aid organizations providing humanitarian aid in good faith until the amendment is given Royal Assent?

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  • Dec/13/22 2:00:00 p.m.

Senator Omidvar: Thank you, Senator Gold. I feel that the next time I hear the words, “The government is seized with this issue,” I will likely have a seizure.

I understand that it is within the authority of the Attorney General to introduce an interim protective measure. Could you kindly convey this proposal to him on an urgent basis and ask him to consider it? Thank you.

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  • Dec/16/21 2:00:00 p.m.

Senator Omidvar: Senator Gold, I’m going to quote you from your statement that you delivered in May 2019. You said:

. . . as senators, we are not the agents or representatives of our provincial governments. We were also not appointed to simply channel the opinions of the public, even if the public takes a strong stand. . . . we have the responsibility to act in the national interest, and it is in the national interest that we defend the rights of religious minorities when they are targeted by discriminatory legislation.

Senator Gold, are you repeating these words to your cabinet colleagues in government?

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  • Dec/16/21 2:00:00 p.m.

Hon. Ratna Omidvar: Honourable senators, my question is for the representative of the government in the Senate, Senator Gold.

Senator Gold, the Senate and the Government of Canada has an obligation to protect minorities across Canada. Yesterday, we heard from our colleague Senator Ataullahjan about the impact of Bill 21 in Quebec on one particular teacher, Fatemeh Anvari, who was removed from her teaching job because she wears a hijab.

As we all know, Quebec has invoked the “notwithstanding” clause on Bill 21. At the time the Charter was negotiated, then minister of justice Jean Chrétien said in the other place that the intention of the “notwithstanding” clause was only to be used to correct absurd situations.

Senator Gold, this is not an absurd situation. As we see, it has a real-life impact on individuals. What is the Government of Canada going to do to protect the rights of minorities no matter where they live, and what is the government planning to do to challenge this potential overreach of the use of the “notwithstanding” clause?

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