An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)

This bill is from the 43rd Parliament, 2nd session, which ended in August 2021.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends certain Acts to add a new holiday, namely, National Day for Truth and Reconciliation, which is observed on September 30.

Similar bills

C-369 (42nd Parliament, 1st session) An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-5s:

C-5 (2025) Law One Canadian Economy Act
C-5 (2021) Law An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
C-5 (2020) An Act to amend the Judges Act and the Criminal Code
C-5 (2016) An Act to repeal Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1

Votes

Nov. 2, 2020 Passed 2nd reading of Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)

Citizenship ActGovernment Orders

November 23rd, 2020 / 1:20 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, it is great to be here in the House with so many friends to address this important debate, and to follow my friend, the member for Markham—Unionville, who gave an excellent speech. He said he came to Canada in 1974. I came to Canada in 1987, actually, so he has been here longer than I have.

I want to first set off my debate by talking a bit about the content of the bill. I also want to talk a bit about some of the context around the government's agenda and proposals with respect to indigenous issues.

The bill would amend the citizenship oath to read as follows:

I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada, including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, and fulfil my duties as a Canadian citizen.

The reference to first nations, Inuit and Métis people, and the references to aboriginal and treat rights, would be new references the bill proposes to add to the legislation.

The genesis for this discussion of amending the citizenship oath is a recommendation of the Truth and Reconciliation Commission, specifically call to action number 94. As members have observed, the bill seems to have support from all parties and will pass second reading and go to committee. However, there is an issue we will need to hear about more at committee, which is important to note. We will need to hear from witnesses about the difference between the formulation of the oath in the legislation and the proposal that was in the Truth and Reconciliation Commission's recommendation 94.

The proposed oath, which I looked up before speaking, from the commission report was as follows:

I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada including Treaties with Indigenous Peoples, and fulfill my duties as a Canadian citizen.

The formula is slightly different between the proposal in recommendation number 94 and the proposal in the bill. The bill references first nations, Inuit and Métis, and is a bit longer. Regardless, it is important to ensure that as we proceed down this road in the spirit of reconciliation, we hear from indigenous leaders along the way. Again, it will be important to elucidate at committee whether the relevant stakeholders and communities that are particularly invested in this have been consulted with respect to the difference in wording between the TRC recommendation and the bill. That will be an important point for us to follow up on.

Before I reflect on some of the specifics regarding changing the oath, I want to say that the Conservatives support the bill moving forward. We think the aspirations behind it and the substance of it are reasonable and valuable, and we look forward to further discussion and debate.

Right now we have before Parliament, at various stages, three pieces of legislation that in some sense deal with or touch directly on the relationship between the government and indigenous peoples in Canada. We have Bill C-5, Bill C-8 and Bill C-10. We are discussing Bill C-8, which amends the citizenship oath. We have Bill C-10, which is a larger, broader bill with many issues in it that would make changes to the Broadcasting Act, some of which put into the Broadcasting Act the expectation that broadcasters have diverse content reflecting different communities, including indigenous communities. Then we have Bill C-5, which deals with a statutory holiday for recognizing and remembering what happened in the context of indigenous residential schools.

All three of these bills contain important elements. The Conservatives have supported Bill C-5 and Bill C-8. We have some concerns about Bill C-10, although they are not related to the objectives, but are related to other aspects of the bill, as it is a broader bill. Regardless, in the context of the legislative agenda of the government right now, we have these three different bills.

If the Liberals are deciding what kinds of bills they are going to put forward with respect to indigenous issues, members might say they have a few different options in front of them. In considering those options, we can divide the bills they are putting forward into two broad categories. There would be bills that represent acts of recognition and then there would be bills that represent actions that target quality of life improvements.

This is an important distinction to make. Acts of recognition are things like putting in place a statutory holiday, changing wording, changing language, the legislature making statements, expressing its acknowledgement of certain facts and its will for reconciliation. These kinds of acts of recognition are things we do often as a legislature. They are important and have a place, which is why we are supporting this bill.

Other examples of acts of recognition this legislature has taken include motions where we express our appreciation for a certain community or the work done. In the last Parliament, we passed many bills that create heritage months, for example. Heritage months are a way of collectively commemorating and recognizing the contribution of certain communities. These acts of recognition and pieces of legislation that call for wider community recognition are important.

Why are they important? They create opportunities for us to call to mind, recognize and appreciate the valuable contributions made by certain communities. We are shaped by our history. As a legislature, we have a role in encouraging a recognition and awareness of that history. That is important and valuable. We can do those things and there is a legitimate place for us to do those things.

Another category of legislation we have are actions that specifically target quality of life improvements, which seek to make changes to practical circumstances in order to make peoples' lives concretely better.

These actions of recognition, whether changing an oath, commemorative day, representation in broadcasting or heritage month, are important. However, legislation that touches peoples' direct quality of life and deals with their ability to access justice with the recognition of their rights, the delivery of concrete services, whether it is health care or other supports, that deals with economic development, I would think are on balance more important.

To me, it is striking when I look at all the recommendations that have been made by the Truth and Reconciliation Commission. I look at all of the options in front of the government in terms of prioritizing its response. We see more or less exclusively acts of recognition, as opposed to actions that are aimed at concrete quality of life improvements.

If we saw a mix of both, that would be fine. However, we need to start to be critical and ask that question when we are seeing a focus exclusively on the acts of recognition, as opposed to on those kinds of quality of life improvements I talked about earlier.

What are the areas we are missing? Where has the government failed when it comes to making quality of life improvements? There are many areas we need to look at in terms of concrete quality of life improvements. We can talk about justice and health, and many other things.

I want to start by talking about economic development. Talking to indigenous Canadians in my area and across the country, I know there is a real desire for economic development and for people to have jobs and opportunities in their own communities.

There is also a recognition that when there is economic development in different communities, it gives those communities control and ability to invest in programs that reflect the priorities of those communities. We hear calls from communities for funding from the government for programs around health, around language, around infrastructure and these sorts of things, but to the extent that communities are able to have economic development themselves, they are also able to prioritize, and invest in those priority areas without needing to come and ask the government for funding in that specific area. It is not an either-or. It is not as if communities have to choose between accessing government funding and economic development, but when communities are developing economically it gives them a greater degree of autonomy and control and it gives them the opportunity to invest in those priorities right away.

Many indigenous communities have been benefiting from being part of the energy economy, developing natural resources and pursuing other opportunities. In the course of this debate, the parliamentary secretary responded to my question about concrete actions by talking about Bill C-262 from the last Parliament. It is important to address this directly. If we want to give indigenous communities the opportunity to develop economically, they have to be able to do so in a framework that involves reasonable consultation, but ultimately gives them the opportunity to move forward. If they have, for example, an energy development project where the indigenous communities in an area are actually the proponents of that project and there is a minority that is opposing those projects, in a case where there is overwhelming support within local indigenous communities, there has to be a consultation framework that allows that project to move forward.

This is where Conservatives have parted company with other parties, especially around issues like Bill C-262, because if they put in place a framework that effectively means that one community could have a veto over the desire for the economic development of all surrounding communities, that is a problem. There needs to be a meaningful consultation process in which communities are listened to, but there also has to be an opportunity for communities to develop their own resources and the standard for consultation has to stop somewhere short of unanimity. One cannot expect that every person has to agree before we see any kind of economic development.

It has been something that maybe we have discussed less since, because COVID-19 took up all the attention in terms of discussion, but early in the year we were dealing with a situation where all of the elected community leaders wanted a particular project, the Coastal GasLink project, and a minority of hereditary chiefs were against that project going forward. That was the context, and it was debated extensively. Some members of this House behaved as if a case in which a minority within a community objected, that, in and of itself, was sufficient basis for stopping economic development from going forward. We took the view that when there is strong support within indigenous communities for a project to go forward, then that project has to be able to go forward. The consultation has to happen and if people say yes, they have to be able to develop those resources and benefit from them.

We see cases across this country where indigenous people are seeking the opportunity to pursue economic development, to develop resources. There can be debate, there can be tensions, and those debates happen within communities as well as between different communities, but the opportunity for people to pursue economic development is important.

The government members talk about the discussion we are hearing today, separate from the debate on Bill C-8 but about Bill C-262 from the last Parliament. That is concerning for a lot of indigenous Canadians who want to have this opportunity to develop their own resources, to benefit from the opportunities that flow from them, and to use those resources to invest in things like language preservation, health improvement, infrastructure improvements and so forth. They want to be able to use the benefits that flow from economic development for those things.

I want to also just add, in terms of economic development, one of the exciting and interesting opportunities when it comes to the development of things like pipeline infrastructure is that the expansion of infrastructure could also bring in things like better Internet connectivity into some of these communities.

It is not just about opportunities directly in the natural resource sector, it is about the fact that, when we have benefit agreements, we have the building of infrastructure into and around different communities, which gives people the opportunity to have better connectivity, to access different resources and education, or to work in online businesses. There is so much more opportunity that flows from these kinds of developments, which we are just on the cusp of.

This country has so much potential, and a lot of that potential is around resource development. Those who are most likely to benefit to the greatest extent from that development are those who are more likely to be living proximate to those resources.

We could talk about some of the significant issues around justice, around working to ensure our justice system is fair to all people. We are identifying the reasons there may be disproportionate impacts on certain communities and working seriously to counter those impacts. That is the kind of thing that takes hard work.

The government has made statements to recognize the problems that have existed in the way indigenous people have been treated by our justice system. It is one thing to affirm there is an issue here, again, an act of recognition, and is another thing to say we are going to take concrete action and go from that active recognition and really target those quality of life improvements.

As I said earlier during questions and comments, so often when I hear from government members when we are having debates about indigenous issues, there is a tone in their speeches as if they are still in opposition. They will say that there have been all these problems and that we need to do better and do more.

I look across the way and think that the government has been here for five years, and it is still constantly blaming Stephen Harper and constantly talking about the failures of history that have held it back. Do I think it is possible to change everything and make everything perfect within five years? No, I do not. Do I think it could be focusing on real concrete progress as part of its agenda? Yes, I do.

I hope we do not have the current government for another five years or another 10 years, but I suspect if we did, we would still hear the same speeches. We would still hear the same members saying that we have failed for too long and we need to do better. At what point does this recognition that we need to do better come back on them and lead them to say maybe not just “we” in the abstract, somebody else needs to do better sense, but “we” as in “we as a government” need to do better?

The government here does need to do much better. The Conservative caucus is supportive of Bill C-8. We are going to be supporting it through to committee. We look forward to the committee's study on it, especially delving into some of these questions I mentioned about the distinction between the version in the legislation and the TRC recommendation. However, we want to see the government take seriously the need to advance legislation and policy that concretely improves the quality of life for indigenous Canadians.

Yes, recognition is important, but if we see bill after bill on the issue of recognition but not targeting concrete quality of life improvements, it looks increasingly like the government is trying to avoid delving into these complex policy areas that would really make a difference. If it recognizes there is a need for more resources and need for economic development, when are we going to see the legislation that is going to really support economic development within indigenous communities and make it easier to grab those opportunities? When are we going to see the legislation that seeks to address those long-standing justice issues?

The government talks about doing better. It is time for it to do better so we can see some of these concrete improvements.

Citizenship ActGovernment Orders

November 2nd, 2020 / 6:30 p.m.


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Liberal

Michael McLeod Liberal Northwest Territories, NT

Madam Speaker, I would like to acknowledge that I am speaking from the traditional homeland of the Dene, Métis and Inuvialuit of the Northwest Territories.

I am of Métis descent. I am a member of the Dehcho First Nations. We are known as the “big river” people. I believe I am the only sitting member who attended the residential school program, or the hostel program as we knew it.

I am grateful to have the opportunity to speak in support of the government’s bill that would revise the oath of citizenship. It continues our government’s important work to walk the shared path of reconciliation and the implementation of the TRC's calls to action.

I would like to point to a number of key legislative initiatives that address calls to action and advance reconciliation.

Bill C-91, the Indigenous Languages Act, received royal assent in June 2019. This act supports the Government of Canada’s efforts to reclaim, revitalize, strengthen and maintain indigenous languages in Canada. The act was developed to address calls to action numbers 13, 14 and 15; elements of the United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP; and the Government of Canada’s commitment to a renewed relationship with indigenous people based on the recognition of rights, respect, co-operation and partnership.

That same month, in June 2019, royal assent was given to Bill C-92, an act respecting first nations, Inuit and Métis children, youth and families. It came into force on January 1, 2020. This act was co-developed as part of Canada’s efforts to reform indigenous child and family services, which included implementing call to action number 4. It affirms the rights of first nations, Inuit, and Métis to exercise jurisdiction over child and family services and establishes national principles such as the best interests of the child, cultural continuity and substantive equality, which help guide the provision of indigenous child and family services.

The act was the result of extensive engagement with first nations, Inuit and Métis, treaty nations, self-governing first nations, provincial and territorial governments, and those with lived experience, including elders, youth and women. It reaffirms the government’s commitment to advancing self-determination and eliminating existing disparities between indigenous and non-indigenous children and youth.

The act also lays out flexible pathways for indigenous governing bodies to exercise jurisdiction over child and family services at a pace they choose. Through the act’s legislative framework, they can move forward with their own service delivery models and laws and choose their own solutions for their children and families. It ensures indigenous children are cared for in the right way, with connections to their communities, cultures and languages. Furthermore, since January 1, 2020, every service provider, province or territory delivering child and family services to indigenous children and families will need to follow the minimum standards found in the act.

Bill C-5, an act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code regarding a national day for truth and reconciliation, was introduced by the Minister of Canadian Heritage on September 29, 2020. If passed, this bill will be an important step in responding to call to action number 80 by establishing the national day for truth and reconciliation on September 30 as a statutory holiday for federally regulated workers. This national day would honour survivors, their families and communities. It would also remind the public of the tragic and painful history and legacy of residential schools that remains a vital component of the reconciliation process.

The Government of Canada continues to work closely with partners to address the remaining calls to action.

In June 2019, the government received the final report from the National Inquiry into Missing and Murdered Indigenous Women and Girls, entitled “Reclaiming Power and Place”. It responded to call to action number 41, which called for the launch of a public inquiry into the disproportionate victimization of indigenous women and girls.

Furthermore, the Government of Canada is committed to gender equality and reconciliation with indigenous peoples, and has eliminated all the remaining sex-based inequalities in the Indian Act registration provisions, which go back to its inception 150 years ago. We committed to eliminating all sex-based discrimination in the Indian Act registration, and we delivered on that promise.

Bringing Bill S-3 into force also responds to the National Inquiry into Missing and Murdered Indigenous Women and Girls calls to justice and provides justice to women and their descendants, who fought for these changes for decades. We will continue with partners and other levels of government to respond to the findings of the national inquiry and to this national tragedy.

In closing, I reiterate that the government is determined to address the historical, colonial racism and injustice of yesterday, just as we are determined to root out and expose the racism of today. As Canadians have seen all too clearly during this difficult time, racism, both systemic and social, continues to be all too prevalent in our country. It must not and cannot be tolerated, for that, too, is part of the healing process, just as this bill is part of the healing process.

This bill represents progress on the shared path to healing and reconciliation. It responds to concerns expressed in the final report of the Truth and Reconciliation Commission. It points the way to a more inclusive Canada. Moreover, by amending the oath of citizenship, it represents greater awareness and answers call to action 94.

I am pleased to offer my full support of the bill before us.

Citizenship ActGovernment Orders

November 2nd, 2020 / 4:20 p.m.


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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, I thank my colleagues. I am sure my colleague from Abitibi—Baie-James—Nunavik—Eeyou will be pleased to be able to speak.

Today, I will be speaking to Bill C-8. Although part of my speech will focus on the substance of the bill, I would also like to talk a little bit about how the bill was introduced and debated, both during this Parliament and the previous one.

To begin, I will give a bit of not-so-ancient history about the government's desire to modify the oath of citizenship. This is not the first time that this bill has come before the House.

The changes to the citizenship oath, as set out in Bill C-8, were first introduced in Bill C-99 during the previous Parliament, the 42nd Parliament. That bill was introduced on May 28, 2019, shortly before the House closed down. Since Parliament was not set to come back until after the October 2019 election, it was reasonable to expect the bill to die on the Order Paper, which is exactly what happened.

Subsequently, a second version was introduced as Bill C-6 in the first session of the 43rd Parliament. Since the bill was being tabled at the start of the session this time, there was hope that it would not die on the Order Paper. As the ways of the House of Commons and the government are as impenetrable as prorogation is apparently inevitable, Bill C-6 died a premature death.

However, Bill C-6 did get one hour of debate. To ensure that it did not die in vain, I will provide a summary of the key points of said debate.

First, the Minister of Immigration, Refugees and Citizenship stated that in preparing the bill, his department had consulted the Assembly of First Nations, the Inuit Tapiriit Kanatami, the Métis National Council and the Land Claims Agreements Coalition, an organization that represents indigenous parties in Canada that are signatories to the 24 modern treaties. These consultations had begun in 2016.

Second, to justify the fact that the wording of the oath in the bill was different from the Truth and Reconciliation Commission of Canada's call to action number 94, the minister said that the parties consulted did not agree on wording. The department therefore chose to go with wording that better reflected the experience of first nations, Métis and Inuit peoples.

Lastly, the minister clearly stated the intent of the bill, saying:

The purpose of this bill is twofold. First, our goal is to ensure that new Canadians recognize indigenous peoples' significant contributions to Canada. The government is also reaffirming its commitment to reconciliation and a renewed relationship with indigenous peoples.

Based on how the bill has been managed over time, I do not think the government is in much of a rush to implement the recommendations of the Truth and Reconciliation Commission of Canada. The consultations with first nations, Métis and Inuit peoples began in 2016, so it is a little surprising that the government did not introduce the first version of this bill for first reading until May 2019 and that it chose to do so at the end of the Parliament.

Although the Truth and Reconciliation Commission of Canada's report was tabled in June 2015, little has been done so far. Just 10 of the 94 calls to action have been implemented. It makes us wonder how willing the government is to take action on this matter. To ensure that the implementation of the Truth and Reconciliation Commission of Canada's report is not just a cosmetic exercise, we must remember that even though every call to action is necessary, each individual call is not enough if it is implemented on its own.

If this is not due to a lack of haste and willingness on the government's part, we at least have to question the government's efficiency. For instance, why not graft the amendment of the oath of allegiance onto Bill C-5 regarding a national day for truth and reconciliation, the bill we just debated and passed at second reading earlier today?

Why did the government not propose amending the oath of allegiance in the 42nd Parliament, as part of Bill C-6, which also amended the Citizenship Act?

If a separate bill is required to implement each of the remaining calls to action, then we have a long way to go. We have every right to ask ourselves the following question: By addressing each call to action through a separate piece of legislation, in addition to rehashing them, is that also the government's way of trying to cover up the fact that its legislative agenda is pretty meagre, to say the least?

In short, either the government is not being very convincing when it says that first nations issues are a priority, or it is being not terribly effective or deliberately ineffective in order to hide another defect, that is, its legislative laziness.

That concludes the editorial part of my speech, and I will now turn to the substance of the bill.

It should come as no surprise that the Bloc plans to vote in favour of the bill. The Bloc Québécois has already made it very clear that we want to be an ally to first nations. In that regard, it is only natural that we support the implementation of one of the recommendations from the report of Truth and Reconciliation Commission of Canada.

As I already mentioned, even though each individual call is not enough when implemented on its own, every call to action is necessary, and I intend to vote in favour of a bill to implement this one.

Amending the oath of citizenship to include a promise to recognize the rights of first nations, Inuit and Métis peoples is a step in the right direction toward reconciliation with indigenous peoples. First nations peoples are absolutely right to ask for a reference to indigenous rights in the oath.

Obviously, the Bloc Québécois supports a nation-to-nation approach. That is the approach that Quebec will take when it declares independence. Indigenous peoples will be equal founding peoples with us when we create the new country of Quebec.

In the meantime, we hope that this new version of the oath will raise newcomers' awareness of the reality of first nations and their history, but also their new country's shameful treatment of first nations in the past. This is an opportunity to open a dialogue between newcomers and first nations. They will be able to speak to each other as equal citizens so newcomers can learn more about not only the history of first nations, but also their contribution to society.

To prevent history from repeating itself, as it sometimes tends to do, we hope this knowledge of the past will better prepare us for the future.

I personally hope the government will ramp up its reconciliation efforts. If it does, it can count on the Bloc Québécois' steadfast support.

Business of the HouseGovernment Orders

October 29th, 2020 / 3:50 p.m.


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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, I am equally happy, pleased and enthusiastic to answer my colleague's question.

This week, we wrapped up debate at second reading of Bill C-6, on conversion therapy, and Bill C-7, on medical assistance in dying. I would like to thank the opposition members for their co-operation on these bills.

This afternoon, we are continuing the debate on the Bloc Québécois opposition motion.

Tomorrow, we will resume debate at second reading of Bill C-5, regarding a national day for truth and reconciliation.

On Monday, we will start second reading debate of Bill C-8 concerning the implementation of Truth and Reconciliation Commission's calls to action 94.

I would like to inform the House that Tuesday, November 3 and Thursday, November 5 shall be allotted days.

Business of the HouseOral Questions

October 22nd, 2020 / 3:05 p.m.


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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, I noticed that my colleague came at his gracious question in a roundabout way.

This afternoon, we will continue with the debate on the Conservative Party's motion, of course.

We still have a number of important bills on the legislative agenda, including the MAID bill, the conversion therapy bill and the judicial training bill.

Tomorrow, we will begin debate on Bill C-5, regarding a national day for truth and reconciliation.

Starting on Monday, we will take up the second reading debate of Bill C-6, the bill regarding conversion therapy.

Lastly, I note that Thursday, October 29, will be an allotted day.

Judges ActGovernment Orders

October 8th, 2020 / 3:50 p.m.


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Green

Jenica Atwin Green Fredericton, NB

Madam Speaker, we absolutely need to move quickly. We need to speed things up for sure. I would love to get to Bill C-5. I also have my support on the table for that.

To say that I would not allow other parliamentarians to speak to this bill, as I have just been given that opportunity, would not be fair. If that is what the opposition needs, to continue to speak to this bill, then I think those members should have that opportunity. Again, it is a day of opposition time when we have had five weeks of Parliament prorogued. In comparison, this is part of the process and I would allow them to use the time as they need it.

Judges ActGovernment Orders

October 8th, 2020 / 3:50 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Madam Speaker, “Reclaiming Power and Place” is the final report that came from the National Inquiry into Missing and Murdered Indigenous Women and Girls. I recall advocating for that inquiry to take place when we were in opposition. I am very concerned and impassioned, as I know all members are, that we move on the issue of reconciliation. One of the bills that we were hoping to get to is Bill C-5, which deals with one of the calls to action.

Does my colleague believe that we need to continue to have a dialogue and deal with some of these issues in a more timely fashion so that we are able to deal with more legislation?

Business of the HouseOral Questions

October 8th, 2020 / 3:10 p.m.


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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, I thank my colleague for his question and for the clarification. Indeed, we will be in our ridings, not on vacation.

This afternoon, we shall continue debate on Bill C-3, an act to amend the Judges Act and the Criminal Code.

Tomorrow, we will begin second reading of Bill C-7, an act to amend the Criminal Code with regard to medical assistance in dying.

When we return after our constituency week, we will resume debate on Bill C-7. We hope we can begin the debate on Bill C-5, an act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code regarding a national day for truth and reconciliation. This bill has to do with Orange Shirt Day.

Lastly, I wish to inform the House that Tuesday, October 20 and Thursday, October 22 will be allotted days.

I wish all members a pleasant week in their ridings. I hope members will take care of themselves and their loved ones and come back in good health.

Judges ActGovernment Orders

October 8th, 2020 / 12:55 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Madam Speaker, the member made reference to Bill C-5. I suspect he meant Bill C-3, the bill we are debating today. Bill C-5 is a very interesting bill about reconciliation. I look forward to that debate and the position the Conservatives will have on it.

Listening to what members of the Conservative Party have to say, I would assume that the bill will pass unanimously in the House. That is what I am expecting. However, there is this desire to have not only the content of this bill debated, but the broader issue of sexual assault debated in the House.

The opposition has a good opportunity when we come back, with two opposition days coming. Would the member not support having a debate on the broader issue, maybe even with a Conservative motion that would then allow for an expansion on some of their thoughts? Would the member not think that would be a good thing?

Judges ActGovernment Orders

October 8th, 2020 / 12:50 p.m.


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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Madam Speaker, I appreciate the opportunity to rise in the House to speak to Bill C-3. While important and something I was happy to support in the 42nd Parliament, I am afraid it is just a drop in the bucket in what we as a society must do to fight sexual violence against women.

Bill C-3 will, I hope, like its predecessors Bill C-5 and Bill C-337, find unanimous support as this legislation is a rare product of bipartisan support.

I thank the Minister of Justice and Attorney General of Canada for sponsoring this reintroduction of the bill that found its genesis in a private member's bill created by the Hon. Rona Ambrose, former member of Parliament for Sturgeon River—Parkland and also former leader of Canada's Conservatives and the leader of Her Majesty's loyal opposition.

This legislation is about ensuring that trust is maintained in the judicial system, that survivors of sexual assault are respected by the judicial system when they step forward. The bill, when passed, will require federal judges and those seeking the office to participate in continuing legal education with regard to sexual assault law. It also strives to combat the myths and stereotypes that often cause victims of sexual assault to hesitate to come forward.

Federal judges will also be required to provide written reasoning for their decisions in sexual assault cases in order to promote transparency in the reasons that lead to their decisions. The bill would require the Canadian Judicial Council to submit an annual report to Parliament on the delivery and participation in sexual assault information seminars established by it.

In my mind, to be truly effective, provincial court judges should be required to take this training. I encourage those provinces to take a serious look at the work that has been done by parliamentary committees and listen to the words spoken in the House with respect to this issue and to strongly consider passing complementary legislation in their respective jurisdictions.

It is a shame, though, we find ourselves in this place at this time where we must pass legislation to train arguably the highest educated group of individuals in the country on sexual assault awareness. Where we should be focusing our energy is educating the next generation of men and women to be advocates, especially men, for ending sexual violence and not perpetuating the myths and stereotypes that enable others to think it is acceptable.

Yesterday, the member for Calgary Nose Hill made one of the most impassioned and important speeches I have heard in this Parliament. Our colleague stood here and challenged men to stand up and be a voice for women and men who are victims of sexual violence. Far too often it is women who are forced to stand on their own and shout enough is enough.

Statistically, women constitute the overwhelming numbers of victims of sexual assaults. Adding to the personal trauma, they must often rely solely on their own strength to report these heinous crimes. As men, we have historically dismissed women's voices on these issues or left it to them to demand action. It is time for men to recognize their role in preventing sexual violence in all its forms. Let me be clear: It is not enough for a man to say, “Well, I would never do that so I've done my part.”

We need to do more. We all need to do more. We need to stand with those incredibly brave survivors who are taking a stand to end sexual violence, and not just for women. Men are victims of sexual assault as well and it needs to end for all victims. Men need to challenge the myths and stereotypes about how survivors of sexual assault are expected to behave.

As a father of a young boy, I have a responsibility to guide him in his journey to become a man. There are many things I must teach him, and for him to learn from me and I from him. However, in order for him to take his place as a productive member of society, I need to be that role model. I need to be putting forward the messages and encouraging him to be better.

One of the most fundamental things I need to impress upon him is to respect others. He needs to understand that men should not feel entitled to sexually harass people or perpetuate sexual violence, that every person has power over his or her own body and how to give and receive consent. He needs to understand that men and boys must never obtain power through violence and that the notion that sex is a right of his gender is false. Sexual violence ends when all of us understand the fundamental truth that no one is permitted to sexually harass or invade another individual's body or personal boundaries.

Girls and women are given advice about rape prevention, and we heard this from many members in this place in the ongoing debate today and the debate yesterday, such as not letting their drink out of sight, not wearing revealing outfits or high heels and not walking alone at night.

As a society, we must go beyond what girls can do to prevent being victims. We need to focus on the attitudes that boys have about women and their own masculinity. The next generation of men needs to promote mutual respect for women and embrace equality for all people, regardless of their gender or sexual orientation. Working toward ending sexual violence is a constant collective effort and, as men, we all need to do our part.

While Bill C-5 is just a ripple, it is my sincere hope that it will eliminate victim blaming, an attitude that suggests a victim rather than a perpetrator bears responsibility for an assault, that victims' sobriety, or the clothes they were wearing or their sexuality become irrelevant in the courtroom. To end sexual violence, perpetrators must be held accountable. By trying sexual violence cases, we recognize these acts as crimes and send a strong message of zero tolerance.

Canada's Conservatives were proud to support Bill C-337 and Bill C-5 in previous Parliaments. We recognize that far too often the justice system fails to respect the experiences of victims of sexual assault.

The Canadian bench must be held accountable and ensure that judges have the updated training that Canadians expect them to have. That is why we committed in the last election to ensure that all judicial appointees take sexual assault sensitivity training prior to taking the bench. We will always look for ways to stand up for survivors of sexual assault and ensure they are treated with dignity.

I would like to thank Rona Ambrose for being such a passionate advocate for victims of sexual assault and for her work on this very important file. This bill addresses the simple fact that victims going to trial should expect that judges are educated in the law, yet what it does not address is the absolute necessity that all of us, every single person has the same responsibility to be educated in what it means to be human and protect and respect the dignity of our fellow citizens.

Judges ActGovernment Orders

October 8th, 2020 / noon


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I want to explore this issue of getting the bill expeditiously through the House.

I will confess that there is some level of concern on this side of the House with respect to the Conservative Party being the sole party that is standing in the way of getting the bill expeditiously to the standing committee, where amendments could be made. I take the member's point that the standing committee has not yet been constituted, but the first meeting of the standing committee is next week. That would also free up parliamentary time to scrutinize other pieces of legislation, such as the heritage minister's truth and reconciliation bill that deals with the indigenous community, which the member is a strong advocate for.

Given the member's close work with Rona Ambrose, and given Rona Ambrose's strong support of the bill in its current form, is the member amenable to getting this quickly to committee so that further amendments, if required, could be addressed there?

Judges ActGovernment Orders

October 8th, 2020 / 10:25 a.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Madam Speaker, the government demonstrated just how important the legislation is when it introduced it last Friday, even ahead of the throne speech. We also have other important legislation dealing with truth and reconciliation, Bill C-5, as well as assisted dying legislation. These are good, substantial pieces of legislation that I know opposition members would also like to debate.

In terms of the comments coming from the Conservative Party, I am wondering if the member would not agree, given the sensitivity of the topic and the importance of the issue, that maybe this might be a good opportunity for the official opposition to use one of its opposition day motions. If the Conservatives feel so passionate about the issue and want to see that debate take place, would the member not support having a wider spectrum of debate on this very important issue and use it as a day of opposition?

Judges ActGovernment Orders

October 7th, 2020 / 5:30 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the last thing I would want to do is contribute to an ongoing debate, when I know the Conservatives are anxious to see this bill ultimately pass.

I will leave it at this. I would ask my Conservative friends to support what is a very good idea, something that has been debated not only inside this House, but the House of Commons on Parliament Hill. There has been a great deal of debate. Everyone is in support of it. We have seen legislation pass relatively quickly inside this House. We even saw it with reference to this piece of legislation in another session with another bill number. Therefore, I implore my Conservative friends across the way to give serious consideration to allowing Bill C-3 to go through so that we can debate Bill C-5, as I am very much interested in hearing where the Conservatives might fall on the important issue of reconciliation.

Judges ActGovernment Orders

October 7th, 2020 / 5:30 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the member might not necessarily like it, but there is a direct link that I have made between Bill C-5, which in all likelihood is going to be the next item for debate, when I focus my attention on the importance of Bill C-3 and getting it passed. There is a direct link between the two issues, and that is what I have been referencing.

Judges ActGovernment Orders

October 7th, 2020 / 5:30 p.m.


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Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, I rise on a point of order. The member is making repeated reference to Bill C-5. I wonder if, even though the rules of relevance are loosely applied in this place, we ought to speak to the bill that we are debating. We are talking about Bill C-3. We have heard a lot about Bill C-5, so if the member does not want other members to speak to it, perhaps he could actually speak to Bill C-3.