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 was last introduced in 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 often publishes better independent summaries.

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

Elsewhere

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

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)

Bills of Exchange ActGovernment Orders

October 23rd, 2020 / 12:40 p.m.
See context

Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Mr. Speaker, on September 29, the Minister of Canadian Heritage introduced 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), 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.

The purpose of this bill is to respond to the Truth and Reconciliation Commission of Canada's call to action number 80 by creating a holiday called the national day for truth and reconciliation, which seeks to honour first nations, Inuit and Métis survivors and their families and communities and to ensure that public commemoration of their history and the legacy of residential schools remains a vital component of the reconciliation process.

If passed, the bill would add a new holiday, namely, national day for truth and reconciliation, which would be observed every year on September 30.

The Bloc Québécois has repeatedly pledged to be an ally of first nations people. That is why we will vote for this bill in principle, because it is part of the process of reconciliation with indigenous peoples, responds to the Truth and Reconciliation Commission's recommendations, and will keep the memory of the tragedy experienced by residential school survivors alive and foster an ongoing public dialogue about our national history.

There is no denying that residential schools are a real blot on Canada's history. Between 1874 and 1996, there were 130 residential schools in Canada attended by over 150,000 indigenous children. The living conditions in those schools were poor. One of the direct causes of the sickness and deaths that occurred was the grossly inadequate funding from the government, which meant the food was of low quality, quantity and variety. The children in most residential schools had to cope with loneliness, a lack of contact with parents and family, frustration with not being allowed to speak their mother tongue, poor quality teaching, hunger, institutionalization, overwork, strict rules, brutality, and the fact that there was no one they could trust.

When they arrived at the residential schools, the children were stripped of their personal belongings and traditional clothing. They had their hair cut off and their names changed, and they were assigned a number. They were given new clothing, white people's clothing, which differed depending on what age group they were in. The children were punished if they spoke their mother tongue. These schools left them scarred and deeply traumatized. Most residential school survivors tell stories of loneliness, strict discipline, and physical, sexual, pedophilic and psychological abuse. Being separated from their parents and families was just the first trauma they endured. The children had to deal with a new culture, a new language and a new disciplinary system imposed on them by white people. Taking these children out of their communities, uprooting them, stripping them of their culture and destabilizing communities that had been shunted onto reserves resulted in deep trauma and social upheaval.

Every year, since September 30, 2013, we have been encouraged to wear orange in honour of the indigenous children who were sent to residential schools. Orange Shirt Day has become an opportunity to keep the discussion on all aspects of residential schools happening. The date was chosen because it is the time of year in which children were taken from their homes to residential schools, and because it is an opportunity to set the stage for anti-racist and anti-bullying policies for the coming school year. It is also an opportunity for first nations, local governments, schools and communities to come together in the spirit of reconciliation and hope for generations of children to come.

Phyllis Webstad started Orange Shirt Day to teach Canadians about the residential school system and to honour the survivors and their families. This day was inspired by Phyllis's own experience. On her first day at a residential school in British Columbia in 1973, her new orange shirt, a gift from her grandmother, was confiscated. She never got it back. This story is a sad example of how the residential school system sought to assimilate and colonialize indigenous children.

From a more technical point of view, the bill we are debating today amends three acts to bring about a single change: establishing September 30 as the national day for truth and reconciliation and making it a statutory holiday. The three acts in question are the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code.

Clause 1 of the bill clearly situates its purpose within the context of the work of the Truth and Reconciliation Commission.

Clause 2 of the bill amends subparagraph 42(a)(i) of the Bills of Exchange Act to add the new national day for truth and reconciliation to the list of statutory holidays covered by the act. In practical terms, what this means is that, if Bill C-5 is passed, September 30 will no longer count in the calculation of deadlines shorter than three days as set out in the Bills of Exchange Act. Consequently, a bill of exchange or cheque payable by September 30 will be payable on the next business day.

Clause 3 of the bill amends the portion of the definition of “holiday” in paragraph (a) of subsection 35(1) of the Interpretation Act to include the new national day for truth and reconciliation. The act guides the courts in interpreting federal legislation. The new statutory holiday would therefore be enshrined in federal legislation.

Clause 4 of the bill amends section 166 of part III of the Canada Labour Code to include the proposed new day in the definition of “general holiday”.

Clause 5 of the bill amends subsection 193(2) of the Canada Labour Code to entitle employees to a holiday with pay on the working day immediately preceding or following the general holiday if the holiday falls on the weekend.

Clause 6 provides that the bill will come into force two months after it receives royal assent on the day with the same calendar number as the day on which it receives royal assent or the last day of that second month. For example, if the bill receives royal assent on December 30, 2020, it would come into force on February 28, 2021. It it receives royal assent on January 1, 2021 it would come into force on March 1, 2021.

As you know, the riding of Abitibi—Baie-James—Nunavik—Eeyou, which I represent here in the House, has several families who survived residential schools. It is therefore important to me that this bill is passed out of respect for them and in the interest of remembrance.

In the report of the Truth and Reconciliation Commission of Canada, two quotes caught my attention.

The first is, “Survivors shared their memories with Canada and the world so that the truth could no longer be denied. Survivors also remembered so that other Canadians could learn from these hard lessons of the past. They want Canadians to know, to remember, to care, and to change.”

All those who attended residential school suffered terribly from being separated from their parents, their brothers and sisters and their culture.

This is the second quotation: “The federal government's policy of assimilation sought to break the chain of memory that connected the hearts, minds, and spirits of Aboriginal children to their families, communities, and nations.”

Imagine for a moment being taken from your family, denied your culture, your nation and your language, having to wear different clothing than what you are used to, and living entirely differently. We would be damaged for the rest of our lives.

In closing, commemoration requires more than just the declaration of a special day as proposed in Bill C-5. It needs to happen through ceremonies and activities that will spark dialogue on the history of Indian residential schools. However, these measures must not relieve society of its responsibility for past mistakes.

Bills of Exchange ActGovernment Orders

October 23rd, 2020 / 12:25 p.m.
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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Mr. Speaker, in the 1973-74 school year, when she was six years old and went to St. Joseph Mission residential school for the first time, a young Phyllis wore a beautiful orange shirt her grandmother had just bought her.

Just imagine being five or six years old and getting a present from your grandmother, and think about what a special gift that would be.

As soon as she got to the residential school, officials there stripped off her clothes and took away her orange shirt, and she never saw it again.

That should be enough to spur us to action to try to repair the damage caused, as is our ultimate duty. There are hundreds, if not thousands, of stories like that of young Phyllis. Thousands of children like Phyllis had everything taken away from them—the light that was inside them, the peace and love they had once enjoyed, the great and noble values of their nation that already defined who they were, the comfort provided by their families.

That is what hurts the most: when everything that comforts us and defines us is lost. These victims and their families endured immense, terrible grief. This huge void will remain if we do not find a way to help heal the memories of first nations peoples,

Often the best way to fill such a void is to draw on the teachings of our elders. From my grandfather, I have kept the memory of an expression that has always stayed with me and, believe it or not, is directly related to Bill C-5.

On this particular Friday, where there seems to be unanimity, I will share the origin of this expression. My grandfather Bouchard had his rituals. A 90-year old proud retired seaman and farmer, he spent his afternoons sitting on his rocking chair on the porch of his home on Chemin des Coudriers. Every day after his midday prayers he would be joined by his old friend and best audience who was nicknamed, and I am not joking, “Canada”. Grand-papa would tell legendary stories of treacherous winter crossings in an ice canoe, his anecdotes about horses chomping at the bit and his tall tales of the water's edge. He had an endless supply of these stories to the great delight of tourists who would greet him with, “Hello. Your stories are great. We do not often hear stories told that way these days. Can we record you?”

So many people would gather around the porch that sometimes there would be a bottleneck in the street. One day a tall, tanned man, with very dark eyes and hair, stopped, listened for a long time and took a great interest in the way my grandfather spoke, in the accent typical of Île-aux-Coudres. The indigenous man approached him and said, “Memory is a treasure that allows us to build a future of peace. It is most important that you tend to it, sir.”

My grandfather repeated this phrase every day until he died. He was not ill and, as he liked to say, he died from living. His indigenous friend's phrase were his last words to us: “Memory is a treasure that allows us to build a future of peace.”

There is a good chance that the memory we are referencing today in the House and that bears the heavy burden of the past is the most valued tool that will help us take another step, and then another, and then others towards this reconciliation that is often mentioned but too infrequently made.

There were 3,200 children who died in residential schools and who were abused in every sense of the word. Their bodies, their hearts and their spirits were abused. What about the families and parents who had their children snatched from their arms? What about all the wounds of the past, but also those of today, that are very real, absurd and so sad?

Our memories harbour a thousand and one reasons, and it is up to us to make the present better.

Bill C-5 is a small step, compared to everything that needs to be acknowledged, reconciled and repaired, but it is a meaningful one. We hope to see many more steps, but this is at least something.

The idea of voting in favour of a national day for truth and reconciliation will be met with arguments about the economic costs of legislating another statutory holiday. However, how can we put a price on the more than 150,000 children and families who were torn apart and stripped of the very nature of their existence?

I want to address all of the parents here today. How much are our children's lives worth? What price would we put on their mental and physical health, their laughter, their joy, and their hearts? How much is that worth? Let us think about it. How much will this legislation cost? We can compare.

Let us get back to what really matters. I want to read an excerpt from the final report of the Truth and Reconciliation Commission of Canada:

The federal government's policy of assimilation sought to break the chain of memory that connected the hearts, minds, and spirits of Aboriginal children to their families, communities, and nations.

Survivors shared their memories with Canada and the world so that the truth could no longer be denied. Survivors also remembered so that other Canadians could learn from these hard lessons of the past. They want Canadians [and Quebeckers] to know, to remember, to care, and [most importantly] to change.

In order for us to know, to remember, and to care about what can be done to bring about deep and lasting change, we must designate this day dedicated to truth and reconciliation. The Bloc Québécois has repeatedly pledged to be an ally of first nations peoples. That is why we will vote for this bill in principle, because it is part of the process of reconciliation with indigenous peoples. It responds to the Truth and Reconciliation Commission's recommendations because it will keep the memory of the tragedy experienced by residential school survivors alive and foster an ongoing public dialogue about our national history.

As part of its work, the Truth and Reconciliation Commission of Canada refined its definition of reconciliation, and that, in and of itself, is an important sign of progress and a willingness to act. These principles, which can guide us toward reconciliation, are based on and supported by four pillars. They are the right to know, the right to justice, the right to reparation, and the guarantee of non-recurrence, which is the ultimate goal of this process.

This day should be an impetus for us to carry out our individual duty on the other 364 days of the year by carefully assessing the importance of our own actions in fulfilling our obligation to wholeheartedly, honestly and diligently participate in the advancement and improvement of the quality of life of first nations and peace and harmony between our respective nations. That is what it means to take care of something, and caring heals.

In closing, I invite everyone to take out their cellphones, open the “Notes” app and type in this precious memento from my grandfather Bouchard: “Memory is a treasure that allows us to build a future of peace.”

The House resumed consideration of the motion that 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), be read the second time and referred to a committee.

Bills of Exchange ActGovernment Orders

October 23rd, 2020 / 10:05 a.m.
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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

moved that 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), be read the second time and referred to a committee.

Mr. Speaker, I want to begin by acknowledging that the House sits on the traditional territory of the Algonquin Anishinabe.

It is a great honour to rise today and speak to Bill C-5, an important bill that seeks to create a new federal statutory holiday, a national day for truth and reconciliation. It is important that we recognize and thank Georgina Jolibois for bringing this bill forward in the last Parliament, but more importantly for being a strong advocate for indigenous rights and a voice for indigenous peoples not only in her riding, but across all of Canada. I also want to thank and acknowledge the hon. member for Burnaby South for supporting this important piece of legislation.

I have had the honour to speak in the House on our country's path toward reconciliation, and I know that reconciliation does not belong to a single political party or single individual. It is a shared responsibility for each and every one of us.

This bill is an important step on the journey that we are taking together. I am proud to work with members of all political parties on this legislative measure.

Some members of the House may have had the privilege of hearing the testimony given before the Standing Committee on Canadian Heritage when it examined Georgina Jolibois's bill in the previous Parliament. The testimony we heard strengthened our conviction that it is important to pass this bill.

Much of that moving and powerful testimony focused on the potential benefits of a national day for truth and reconciliation. For example, National Chief Robert Bertrand of the Congress for Aboriginal Peoples said:

A statutory holiday will be an important opportunity to reflect upon the diverse heritage and culture of our people, which remain so vitally important to the social fabric of this country. In doing so, each and every one of us will be working towards the reality of true reconciliation between indigenous and non-indigenous peoples.

Similarly, Mrs. Theresa Brown, the chair of the National Centre for Truth and Reconciliation's Survivors Circle, spoke powerfully about the importance of a national day of reflection for residential school survivors. She said:

A special, separate day when our grandchildren could go out and lay a wreath, lay tobacco, pray and remember is important to me and other survivors. It is also a time for this country to remember and say “never again”. We want to know that when we are gone, our spirit of truth and reconciliation will live on in our future generations.

Natan Obed, president of the Inuit Tapiriit Kanatami, testified as follows:

...the creation of a statutory holiday provides a greater weight and allows for more education and a bigger platform for us. If you think about holidays, statutory holidays, and how they've been allocated over time, they have been colonial in nature and they have thought about the founding of this country, not necessarily about indigenous peoples within Canada. This would be a marked departure from that legacy.

He went on to say the following:

This holiday can go a long way to making sure that from a very early age, all Canadians have a positive association with first nations, Inuit and Métis.

Mr. Obed's first point speaks to the importance and status of national holidays in Canada, and I would like to remind this chamber that the act of creating a new statutory holiday is, in itself, quite significant. Right now there are nine federally legislated statutory holidays in Canada. A national day for truth and reconciliation would join in rank of importance with holidays like Labour Day and Remembrance Day, highlighting the significance and scope of this day.

During the testimony we heard, many groups expressed points of view similar to those I just quoted about the meaning and impact of a day of commemoration.

The residential school system was indeed a national tragedy. Over the span of 130 years, more than 150,000 first nations, Inuit and Métis children were placed in residential schools. These children were forcibly separated from their parents, their homes, their culture, their language, their land, their relations and their communities.

This day is important. It is an opportunity to reflect on the harm inflicted on first nations, Inuit and Métis peoples throughout our history and to this day by the legacy of residential schools. We are working to repair that harm by responding the the Truth and Reconciliation Commission of Canada's calls to action.

Call to action number 80 calls upon our government to:

establish, as a statutory holiday, a National Day for Truth and Reconciliation to honour Survivors, their families, and communities, and ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process.

Today, we want to answer that call to action.

After careful consultations and respectful consideration, September 30 was the date chosen deliberately for its significance. Currently, September 30 is the date of the grassroots movement called Orange Shirt Day, started by the formidable Phyllis Webstad. It was named after the orange shirt that Mrs. Webstad was given by her grandmother on her first day of residential school, only to have it forcibly taken away from her upon her arrival. Her orange shirt is symbolic of the vibrant cultures, languages, traditions, identities and childhoods that were repressed within the residential school system. It is also a symbol of survivors like Phyllis and the monumental efforts by first nations, Inuit and Métis in protecting and revitalizing their cultures and languages for future generations.

From testimony in committee we learned that September is a symbolically painful time for indigenous families and communities. Every year during the month of September children were separated from their loved ones and their community to go back to school. It is important to acknowledge this pain with a solemn day to remember the past, reflect on it and learn together to gain a better knowledge of the history and legacy of residential schools.

It has always been my belief that one of the pillars of reconciliation is education. Establishing a national day for truth and reconciliation is education in action. For all those living in Canada, this would be a day of commemoration, but also a day to learn about a dark chapter of our past. It would serve as a reminder to never forget and never veer from the path toward reconciliation.

Students still go back to school every year in September. The proposed date, September 30, for a national day of truth and reconciliation not only has symbolic importance, but it also provides an opportunity for learning within our schools about our journey toward reconciliation. Teachers across the country will be able to build on discussions about residential schools that are already under way in many schools. Families will have a reason to talk about reconciliation at home. Canadians will have a day to reflect on our history and our values as a society.

I like to think about the day when schools across the country will mark this holiday with ceremonies, as a day of learning. I hope they will invite elders or survivors, indigenous knowledge holders and educators to come into classrooms to talk with the children.

I think of the way that schools across the country use Remembrance Day as an educational tool for children of all ages to learn about the historic conflicts that Canada has been involved in, to understand the horrors of war and, above all, to honour the women and men who have sacrificed so much in serving this country. I believe that a new day for truth and reconciliation is an excellent learning opportunity for this equally important part of Canada's history.

Unfortunately, only half of Canadians know the history of the Indian residential school system and its long-term effects on indigenous peoples.

The final report of the Truth and Reconciliation Commission of Canada states that too many Canadians know little or nothing about the the deep historical roots of these conflicts. This lack of historical knowledge has serious consequences for first nations, Inuit and Métis peoples, and for Canada as a whole. Setting aside a special day each year to take the time to acknowledge this painful history will help everyone learn and understand more about the realities of the residential school era. This is a positive step on our path toward reconciliation. This type of commemoration is a collective, public act of recognition.

This will also be a day of listening and healing for the entire country. Together we can continue our conversation on social justice.

As Dr. Marie Wilson, former commissioner for the Truth and Reconciliation Commission, noted in her testimony to the Standing Committee on Canadian Heritage:

It makes it everybody's call to attention, call to remembrance, and call to respect, and hopefully...there is ongoing education about it. We don't just talk about wars; we talk about peace in the context of talking about wars. In the context of residential schools, we can talk about mistakes of the past and what we are trying to do to address things going forward.

Mr. Tim Argetsinger, political advisor to the Inuit Tapiriit Kanatami, agreed. He said:

I think there's a way of achieving that balance where the focus of a day could be a focus on the past human rights abuses that indigenous peoples have experienced and have worked to overcome. At the same time, it could be the day to focus on the agency that we all have to take positive actions to address some of the challenges that flow from those past experiences.

I want to underscore that reconciliation and advancing indigenous rights remain a constant priority for our government. Some people will say that a single day will not resolve the horrors of the past and will do nothing to improve the unacceptable living conditions that still exist in some communities to this day. I believe, however, that remembering the past is an effective way to ensure that history is not repeated.

Systemic racism and overt racism exist in Canada. They are not and will never be acceptable. Recently, we were reminded of the horrific consequences they can have. The events that preceded the death of Joyce Echaquan shocked us all. They outraged us, but should not surprise us. They are not isolated events.

Addressing systemic racism in all our institutions requires active listening, strong public policy and making more equitable representation at all levels of society. Honouring the victims of institutional racism, whatever form it may have taken throughout history, is a first step. Making sure that these atrocities against indigenous peoples cease completely is our everyday priority.

This national day for truth and reconciliation will be an opportunity for Canadians to reflect on and question their own individual biases and assumptions. Working on them will require a continuous and collective endeavour beyond September 30.

I implore members of the House to listen carefully to the testimony of the survivors and indigenous leaders who are telling us how a national day of recognition would help heal the wounds of the past, honour survivors and move forward together towards reconciliation.

We must also continue to work tirelessly to quickly resolve the many problems faced by indigenous communities today. Access to drinking water, for example, is vital.

Our government is committed to eliminating all boil water advisories, in the long term, in first nations communities living on reserve. We recognize and affirm the right of communities to have access to safe drinking water. As a result of this commitment, 95 boil water advisories have been lifted since 2015.

In the preceding parliament, we passed an important law to reform child and family services with the goal of reducing the number of indigenous children in care. The law also allows first nations, the Inuit and the Métis to have full authority over child services so they can make the decisions that will ensure the well-being of their children, families and communities. There is a crisis in indigenous communities. Too many children are taken away from their homes and communities.

We are also committed to the reclamation, revitalization and strengthening of indigenous languages. A historic piece of legislation, the Indigenous Languages Act, received royal assent on June 21, 2019. This legislation was developed in collaboration with indigenous peoples. It recognizes the language rights of indigenous peoples and sets out how we will support these languages.

Canadian Heritage is working collaboratively with indigenous partners to implement the Indigenous Languages Act. The department is consulting with indigenous governments, governing bodies and a variety of organizations on the appointment of a commissioner and three directors of indigenous languages, as well as the development of an indigenous languages funding model. These are important successes, yet we can all agree that there is so much more we need to do.

I look forward to continuing to work hard with indigenous peoples across the country to make further progress on these and other crucial issues.

Canada has embarked upon a path to reconciliation. With each step, Canadians are able to better understand the lives, challenges and points of view of indigenous peoples from the past and present.

In introducing this bill to create a national day for truth and reconciliation, the Government of Canada is hoping to encourage people across the country to learn about indigenous history, come together and get involved to support these efforts and help their communities move forward on the path to reconciliation.

Although we all have different journeys and experiences, every Canadian has a unique and essential role to play as we walk together on this path toward reconciliation and a stronger, more resilient Canada.

I think it fitting to close with the words of Ms. Georgina Jolibois, who said, “People in Canada are capable of mourning the past while also celebrating the present and looking toward the future.” I urge all members to support this legislation so that our country can honour survivors and mark the history of residential schools with a day for recognition, reflection, commemoration, education and engagement.

We must recognize that others have come before us to chart this path. The commissioners of the Truth and Reconciliation Commission gave so much of themselves to ensure that the voices of others were heard. Those who testified, leaders and indigenous communities across Canada, as well as current and former parliamentarians, including Georgina Jolibois, called for a national day, as is set out in this bill. I thank them all.

Meegwetch, marsi.

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 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 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.