No. 091
The House proceeded to the consideration of Bill , as reported (with amendments) from the committee.
moved for leave to introduce Bill .
(Motions deemed adopted, bill read the first time and printed)
moved for leave to introduce Bill .
He said: Madam Speaker, it is an honour to rise to introduce my private member's bill, an act to amend the Criminal Code.
First, I want to thank the bill's author and seconder, the member for . The private members' draw resulted in my name being drawn much earlier than that of the member for Kamloops—Thompson—Cariboo, so we agreed to use my earlier draw to get this bill tabled, and hopefully passed, in Parliament.
My hon. colleague's experience as a prosecutor brought to light the issue of how the Criminal Code uses the term “child pornography”. The term “child pornography” sanitizes what children go through, having never given consent. Child victims will have their victimization live on in perpetuity, and the words used in the Criminal Code must reflect the seriousness of this so that it is correctly understood within and throughout the judicial system.
This is a simple but necessary bill. It would simply change the name of “child pornography” to “child sexual abuse material”. That is all.
Words matter. “Pornography” is used to describe media depicting or describing consenting adults. Children can never consent to sexual activity with adults. That is why any sexualized depiction of children must be called what it is: abuse.
I call on all members of the House to support the prompt passage of this bill.
(Motions deemed adopted, bill read the first time and printed)
moved for leave to introduce Bill .
He said: Madam Speaker, with thanks to my seconder, the member for , today I am tabling an important bill, Bill , an act respecting transparency for online algorithms.
The purpose of this bill is to ensure that online platforms do not use algorithms and personal information to discriminate against anyone. This legislation is particularly timely, because as we have seen during this pandemic, there has been an unprecedented rise in online hate, disinformation and right-wing extremism.
For years, online platforms have been using algorithms to discriminate, to make predictions or decisions about a user and to direct information by amplifying or promoting content to that user. The online algorithm transparency act would require transparency and accountability in all algorithms that are used.
Other jurisdictions, such as the United Kingdom, the European Union and New Zealand, are looking at implementing similar legislation. Of course, Senator Ed Markey has sponsored a landmark bill in the U.S. Senate. Anti-hate organizations are also calling for algorithm transparency.
I urge all members of Parliament to support this important legislation.
(Motions deemed adopted, bill read the first time and printed)
moved for leave to introduce Bill .
He said: Madam Speaker, I am introducing the pandemic prevention and preparedness act because the last two years have been impossibly hard for all of us. The costs of prevention and preparedness are insignificant in comparison with the significant human and economic costs of a pandemic. The purpose of this act is to prevent the risk of, and prepare for, future pandemics and to promote transparency and accountability toward that goal.
Specifically, the bill would require the health minister to collaborate with other ministers, other levels of government and indigenous communities to develop a pandemic prevention and preparedness plan and table an updated plan in Parliament on a regular basis. There are factors that the minister would have to consider in the course of that plan, and those factors are informed by UNEP, IPIS, the independent panel and other experts. The minister would also have to establish an advisory committee to review and learn the lessons of our COVID response, and appoint a national pandemic prevention and preparedness coordinator.
We need to do all that we can to prevent and prepare for future pandemics, and this bill would ensure that this obligation remains in focus for any future government in the years ahead.
(Motions deemed adopted, bill read the first time and printed)
moved for leave to introduce Bill .
He said: Madam Speaker, today I am here in support of Canadian consumers as well as the countless innovators who work in our industry across the country.
Bill would provide a clear and limited exemption to consumers and product innovators who simply wish to enable their device or machinery to interoperate with other equipment, as they were once able to do. Right now, they run into a problem with doing this under the Copyright Act. Section 41 was passed back in 2012 to legally enforce technological protection measures, but 10 years later, technology has changed a lot and we see a much different landscape with the types of products available.
Many devices and machinery now include software, and that is how some companies try to block interoperability for users and small competitors alike. I have seen first-hand how this issue plays out with our farmers and manufacturers.
Interoperability is important for a lot of other industries as well. There is a special business near Frontier, Saskatchewan, called Honey Bee Manufacturing. It is a short-line manufacturer of farm equipment. I would be happy to share its success story when we discuss this bill in greater detail, but what I will say for now is that it is a source of creativity and innovation in the field. It is also the lifeblood that is keeping a small rural community alive.
There are other stories like this, and there is no reason to shut them down. Canada has been the home of many remarkable advances. We should never discourage new ones from happening now or in the future. If we make a small adjustment in the law, Canadian creativity will do the rest. We can support consumers and innovators while upholding our copyright framework, and I hope all members will help in doing that.
(Motions deemed adopted, bill read the first time and printed)
moved for leave to introduce Bill .
(Motion agreed to and bill read the first time)
:
Mr. Speaker, the following questions will be answered today: Nos. 533 and 538.
[Text]
Question No. 533—Mr. Mel Arnold:
With regard to the Department of Fisheries and Oceans' execution of contests since 2016: (a) how many contests has the department executed; (b) what was the nature of each contest; (c) who was the winner of each contest; (d) what monies or other prizes were awarded to the contest winners; and (e) how did the department publicly communicate the openings and results of the contests?
Mr. Mike Kelloway (Parliamentary Secretary to the Minister of Fisheries, Oceans and the Canadian Coast Guard, Lib.):
Mr. Speaker, Fisheries and Oceans Canada does not centrally track the execution of public-facing contests across the department, and the time allocated to answer this question does not allow for the preparation of a comprehensive response.
Question No. 538—Mr. John Brassard:
With regard to the votes in the House of Commons considered by the government to be matters of confidence: (a) since January 1, 2022, which recorded divisions in the House of Commons did the government consider to be matters of confidence, and what were the dates of each of those votes; and (b) for each vote in (a), on what date did the government inform the New Democratic Party that it considered the vote to be a matter of confidence?
Mr. Kevin Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons, Lib.):
Mr. Speaker, the position of the government on confidence votes has been clear since 2015. For members of the Liberal caucus, all votes will be free votes, with the exception of those that implement the Liberal electoral platform; traditional confidence matters, such as the budget; and those that address our shared values and the protections guaranteed by the Charter of Rights and Freedoms.
:
Mr. Speaker, if the government's responses to Questions Nos. 528 to 532 and 534 to 537 could be made orders for return, these returns would be tabled immediately.
The Acting Speaker (Mr. Gabriel Ste-Marie): Is that agreed?
Some hon. members: Agreed.
[Text]
Question No. 528—Mr. Tom Kmiec:
With regard to Elections Canada's "Inspire Democracy network": (a) when was the network established; (b) which community organizations and stakeholders are members of the network; (c) which of the 27 community organizations and stakeholders in the network promoted early voting options on behalf of Elections Canada in the 2021 federal general election; (d) how much funding or other support was provided by Elections Canada to each organization or stakeholder referred to in (c) for the promotion of early voting options; (e) who has editorial control over the materials and communications products used or distributed by or on behalf of the Inspire Democracy network; (f) what are the details of the network's 139 community outreach events during the 2021 federal general election, including for each event (i) the date, (ii) the location, (iii) the host or hosts, (iv) who was invited, (v) how the invitation list was determined, (vi) the general description of the audience invited to attend, (vii) the purpose of the event, (viii) the general messages conveyed at the event; (g) how much funding or other support was provided by Elections Canada for each community outreach event referred to in (f); (h) what are the details of the further 26 outreach events in which the network participated during the 2021 federal general election, including for each event (i) the date, (ii) the location, (iii) the host or hosts, (iv) who was invited, (v) how the invitation list was determined, (vi) the general description of the audience invited to attend, (vii) the purpose of the event, (viii) the general messages conveyed at the event; (i) how much funding or other support was provided by Elections Canada for each outreach event referred to in (h); (j) what are the details of the distribution of election information to 619 contacts by the network during the 2021 federal general election, including for each contact (i) the identity, (ii) the date, (iii) the content or subject-matter, (iv) whether the contact was sent the information on a solicited or unsolicited basis?
(Return tabled)
Question No. 529—Mr. Stephen Ellis:
With regard to the procurement of COVID-19 rapid test kits: (a) how many kits have been procured since April 1, 2021, and what is the value of those kits, broken down by (i) month acquired, (ii) supplier from which they were acquired, (iii) provincial or territorial government, federal department or other entity to which they were provided; (b) what are the responses to (a), broken down by those procured under the authority of each of (i) section 1 of An Act respecting certain measures related to COVID-19 (S.C. 2022, c. 2), (ii) Vote 1c under the Department of Health and Vote 1c under the Public Health Agency of Canada of the Supplementary Estimates (C), 2021-22, enacted through the Appropriations Act No. 5, 2021-22 (S.C. 2022, c. 3), (iii) clause 46 of Bill C-8, An Act to implement certain provisions of the economic and fiscal update tabled in Parliament on December 14, 2021 and other measures, (iv) any other statutory or proposed retroactive statutory authority; (c) what are the details of the statutory or proposed retroactive statutory authorities referred to in (b)(iv); and (d) what is the balance outstanding on funds appropriated for the procurement of rapid tests, broken down by each authority referred to in (b)?
(Return tabled)
Question No. 530—Mr. Mel Arnold:
With regard to the Department of Fisheries and Oceans' management of fisheries, broken down by year since 2016: (a) what was the total number of fisheries managed by the department; (b) in which fisheries did the department reduce licenses; (c) what was the total number of licenses reduced, broken down by each fishery; (d) in which fisheries did the department reduce total allowable catch; (e) what were the total reductions of total allowable catch, broken down by each fishery; (f) in which fisheries did the department reduce quotas; (g) what were the total reductions of quota, broken down by each fishery; and (h) what are the total amounts of money that the department disbursed as compensation for reductions of licenses, total allowable catch and quotas, broken down by fishery?
(Return tabled)
Question No. 531—Mr. Mel Arnold:
With regard to the government's allocation of funds for the upgrading of the existing Lions Gate Primary Wastewater Treatment Plant (Lions Gate) and construction of the North Shore Wastewater Treatment Plant (North Shore), both located in Vancouver, British Columbia: (a) since 2016, what are the total amounts of funds allocated by the government to the Lions Gate and North Shore projects; (b) what were the dates of the allocations; (c) what are the amounts of allocations that the government will make to Lions Gate and North Shore in the 2022-23 fiscal year; and (d) when will the North Shore project be completed?
(Return tabled)
Question No. 532—Mr. Mel Arnold:
With regard to the government's provision in budget 2017 of $43.8 million over five years, starting in 2017-18, to Fisheries and Oceans Canada to continue and expand aquatic invasive species programming: (a) how much of the funds have been allocated to date; (b) to whom have the funds been allocated; and (c) on what dates were the allocations made?
(Return tabled)
Question No. 534—Mrs. Laila Goodridge:
With regard to Service Canada Centres: (a) what is the current processing time for each service provided to Canadians (Social Insurance Number, Employment Insurance, Apprenticeship Completion Grant applications, etc.); (b) for each service in (a), what was the processing time as of January 1, 2020; (c) how many Service Canada employees are currently (i) on leave in relation to the vaccine attestation requirement, (ii) working from home, broken down by location; (d) broken down by each Service Canada Centre, what is the number of daily on-site staff, (i) as of January 1, 2016, (ii) as of January 1, 2020, (iii) currently; (e) what safety protocols are in place at each Service Canada Centre; (f) between March 1, 2020, and May 2, 2022, which Service Canada Centres (i) had new air filtration systems installed, (ii) did not have new air filtration systems installed; and (g) broken down by each location in (f)(i), what are the details of each system, including the (i) date of installation, (ii) vendor, (iii) amount of the expenditure, (iv) description of the system, including the make and model?
(Return tabled)
Question No. 535—Ms. Marilyn Gladu:
With regard to Translation Bureau operations: (a) how many hours of simultaneous interpretation of parliamentary proceedings were provided in fiscal year 2021-22, broken down by (i) sittings of the Senate, (ii) sittings of the House of Commons, (iii) meetings of Senate committees, (iv) meetings of House committees; (b) how many employees have provided simultaneous interpretation in fiscal year 2021-22 (i) of parliamentary proceedings, (ii) in total; (c) how many freelance contractors have provided simultaneous interpretation in fiscal year 2021-22 (i) of parliamentary proceedings, (ii) in total; (d) have the minimum employment qualifications for simultaneous interpreters employed by the Translation Bureau changed since the government's response to Order Paper Question Q-611 in the Second Session of the 43rd Parliament, and, if so, how have they changed; (e) how many of the employees and freelance contractors identified in (b) and (c) met the Translation Bureau's minimum employment qualifications; (f) what are the language profiles of employees and freelance contractors listed in (b) and (c), broken down by "A language" and "B language" pairings; (g) what was the cost associated with the services provided by freelance simultaneous interpreters, identified in (c), is fiscal year 2021-22, broken down by (i) professional fees, (ii) air fares, (iii) other transportation expenses, (iv) accommodation expenses, (v) meal and incidental expenses, (vi) other expenses, (vii) the total costs; (h) what percentage of meetings or proceedings where simultaneous interpretation was provided in fiscal year 2021-22 has been considered to be (i) entirely remote or distance interpretation, (ii) partially remote or distance interpretation, and broken down between (A) parliamentary, (B) non-parliamentary work; (i) how many employees or freelance contractors providing simultaneous interpretation have reported workplace injuries in fiscal year 2021-22, broken down by (i) the nature of the injury, (ii) whether the meeting or proceeding was (A) entirely remote, (B) partially remote, (C) onsite, (iii) whether sick leave was required, and, if so, how much; (j) how many of the workplace injuries identified in (i) have occurred during (i) sittings of the Senate, (ii) sittings of the House of Commons, (iii) meetings of Senate committees, (iv) meetings of House committees, (v) meetings of the Cabinet or its committees, (vi) ministerial press conferences or events; (k) why was the turnkey interpreting solution not available by the projected 2021 date; (l) what is the current status of the turnkey interpreting solution; (m) what is the current projected date of availability for the turnkey interpreting solution; (n) how many requests for services in Indigenous languages have been made in fiscal year 2021-22, broken down by (i) parliamentary simultaneous interpretation, (ii) non-parliamentary simultaneous interpretation, (iii) parliamentary translation, (iv) non-parliamentary translation; and (o) what is the breakdown of the responses to each of (n)(i) to (n)(iv) by language pairings?
(Return tabled)
Question No. 536—Ms. Marilyn Gladu:
With regard to the Department of Justice's Laws website: (a) how are the entries under the "Frequently Accessed Acts" and "Frequently Accessed Regulations" lists determined; (b) broken down by item, on what date was each item currently on the lists referred to in (a) added; (c) what items were formerly on the lists referred to in (a) and during what time periods was each item on the lists; and (d) how many page views has the website received since 2012, broken down by (i) calendar year, (ii) act or regulation?
(Return tabled)
Question No. 537—Mr. Jamie Schmale:
With regard to all contracts for Cloud-Based Storage Services at the Protected B level since 2016: what are the details of all such contracts, including for each (i) the date, (ii) the vendor, (iii) the amount, (iv) the description of goods or services, (v) the duration of the contract, (vi) whether the contract was sole-sourced, (vii) reason for sole-sourcing the contract, if applicable?
(Return tabled)
[English]
:
Mr. Speaker, I ask that the remaining questions be allowed to stand.
The Acting Speaker (Mr. Gabriel Ste-Marie): Is that agreed?
Some hon. members: Agreed.
[Translation]
:
Before giving the hon. member for the floor, I see that the hon. member for Durham is rising on a point of order.
[English]
:
Mr. Speaker, I rise to seek support for a unanimous consent motion. The details on this motion have been provided to all members of Parliament. There have been discussions between the parties.
I would say to my colleagues respectfully that the subject matter is dealing with people who sacrifice all for our country. This is something that stems from e-petition 3636, brought by the member of Parliament for , and it comes as well from thousands of veterans of the Afghanistan war. I know all members of this chamber would at least want to be heard before the question is called in the House. I would ask for that courtesy as we are nearing the end of this session.
[Translation]
Mr. Speaker, I have conducted extensive research and engaged in discussions with all parties and members and, if you seek it, I believe you will find unanimous consent for the following motion:
[English]
That the House recognize that Canadians are fortunate to enjoy peace, order, and good government, and that we must honour the service and sacrifice of our citizens who serve in the Canadian Armed Forces; that presently Canada has no independent review body to advise the government and the Chancellery of Honours with respect to errors or omissions related to military honours within the Canadian honours system; that the Canadian Victoria Cross, created in 1993, has never been awarded, including during the 12-year period of the Afghanistan war, when more than 40,000 Canadians served as part of the longest deployment of the Canadian Armed Forces in history; that the organization Valour in the Presence of the Enemy, alongside the Afghanistan Veterans Association of Canada, the Royal Canadian Legion, and countless other Veteran associations have asked for the Star of Military Valour awarded to Jess Larochelle, of North Bay, Ontario, be reconsidered for elevation to a Canadian Victoria Cross to recognize the tremendous valour he demonstrated in Afghanistan on October 14, 2006;
[Translation]
(e) that thousands of Canadians have supported this request for reconsideration as evidenced through the 14,129 signatures for petition e-3636 tabled by the member of Parliament for on May 19,
(f) that such reconsiderations for the Victoria Cross or the Medal of Honor have been and are being performed by our major allies in an independent fashion that also permits historic reconsideration for error or omission including due to racism or bias in the past with regard to language, race, religion, or other form of intolerance of the era, and
[English]
and therefore, the House calls for the creation of an independent Canadian advisory body with the specific mandate to review decisions made under the Directorate of Honours and Recognition and its precursor bodies when new evidence demonstrates that the reconsideration of a military honour is warranted to ensure that no error or omission was made; that the advisory be styled as the Military Honours Review Board; that the board have at least nine members including, but not limited to, the Canadian Secretary to the Queen or designate from the Privy Council Office, a designate from the Department of National Defence, a designate from Veterans Affairs Canada, a designate from the Canadian War Museum, a designate from La Citadelle de Québec, a designate from the Royal Canadian Legion, a designate from Canadian Aboriginal Veterans and Serving Members Association, an anglophone professor of military history from a Canadian university and a francophone professor of military history from a Canadian university;
[Translation]
that the Board and its participant organizations undertake to select designates that incorporate gender balance and diverse perspectives, that the Board meet at least twice annually to fulfill its function, that the Board consider requests for reconsideration referred by a committee of the House of Commons, a committee of the Senate, the Department of National Defence, Veterans Affairs Canada, or by reference from the Prime Minister's Office, that the Board be funded with staff researchers to support in administrative and reporting duties, including the administration of applications, examination of evidence provided by applicants, and providing recommendations to the Board,
[English]
that the board deploy a formal process for review which would include the requirement that scholarly evidence be provided by applicants for consideration; that the board advise the Chancellery of Honours at Rideau Hall and the Prime Minister’s Office of their decision in each specific case and that the decision be tabled in the House within sixty days of notice to Rideau Hall and the Prime Minister’s Office; and that the Department of National Defence be instructed to amend the Canadian Forces honours policy in accordance with the intent of this motion, including but not limited to chapter 1, paragraph 26, on retroactivity, and chapter 1, paragraphs 75 and 76, on award errors and policy changes.
Mr. Speaker, I ask that all members to consider that valour has no time limitation attached to it, so I hope we can do the right thing as a chamber before we rise and before we celebrate our country on Canada Day.
[Translation]
:
All those opposed to the hon. member moving the motion will please say nay.
Some hon. members: Nay.
The House proceeded to the consideration of Bill , as reported (with amendment) from the committee and of the motions in Group No. 1.
:
Mr. Speaker, I certainly listened to the intervention of the member for prior to question period. He started by talking about the way that the NDP, a relatively small party in this chamber, was able to successfully take forward its concerns to committee through amendments and to negotiate at committee to properly represent their constituents.
I know my question is going to come off tongue-in-cheek, but I am wondering if the member for New Westminster—Burnaby can provide the Conservatives some insight into how it feels to know that members are actually doing the job that they have been elected to do as opposed to just coming forward with rhetoric and bringing forward misinformation about everything the bill does not represent, and that they actually did their job and were able to bring forward some amendments that were important to them.
:
Mr. Speaker, this is not only important for us, but it is important for all Canadians. There is no doubt that we have improved the bill.
I have some suggestions for the Conservatives, because they have certainly lost their way over the last six months. First off, when a bill comes—
:
The hon. member for Leeds—Grenville—Thousand Islands and Rideau Lakes is rising on a point of order.
:
Mr. Speaker, I am just wondering if you could inform the House if we do, in fact, have quorum at this time.
[Translation]
And the count having been taken:
The Acting Speaker (Mr. Gabriel Ste-Marie): We have quorum, and I therefore invite the hon. member for New Westminster—Burnaby to complete his question. He has a few seconds left.
[English]
:
Mr. Speaker, first, I just wanted to suggest that Conservatives actually read legislation.
Second, they should actually listen to witnesses when they come before committee, rather than blocking them from testifying.
Third, they should actually offer improvements to legislation. That is the role that we have here. That is why the NDP has been the real effective opposition in the House of Commons. Yes, we are seeking to oppose when it is warranted, but above all we are seeking to make sure that things in the House of Commons are done in the best interests of Canadians. The NDP influence on Bill has been undeniable, in terms of improving it, including aspects of freedom of expression.
That is the kind of work all members of Parliament should be doing.
:
Mr. Speaker, I think I speak for most of us in the House when I say we are thankful to receive correspondence from our constituents on issues that matter to them. Even when we disagree, it is important to engage and inform them about the process in this chamber.
I wonder if the member could speak to the disinformation campaign that we have seen on the bill in particular, because there is nothing so disheartening as when I receive correspondence that is just riddled with conspiracy theories, to be honest.
Could the member comment on that?
:
Mr. Speaker, this is a disturbing undercurrent that we saw bring the United States right to the edge of having a coup d'état. The kind of disinformation that drives people from the far right, the far-right extremists, is something we have to be very acutely conscious of. The comments from Conservative MPs that, somehow, Bill is going to allow the government to follow people on cellphones, and the odious comparisons with the murderous dictatorship in North Korea are unbelievably inappropriate comments made on the floor of the House of Commons.
This is very disturbing. We have to push back against Republican-style disinformation from many, but not all, Conservative MPs. Some Conservative MPs still respect Parliament. The ones who do not, though, need to be called out.
That is why we have spoken specifically on the bill and specifically on the provisions that we have improved. It is an effort to get real information out to Canadians. Shame on the Conservatives for what they have said through the course of the last few months.
:
Mr. Speaker, in Vancouver East on a per-capita basis, we actually have the largest number of artists in our community. They are actually very much looking forward to the passage of Bill .
Can the member explain to the Conservative members why this bill is so important to artists?
:
Mr. Speaker, I will do my best, because my community, as well, of New Westminster—Burnaby, is really known as Hollywood North. There is a real creative energy that is in our communities. We know that $1 billion will be transferred from the web giants, which have basically been taking that money out of the country, and it will be provided to Canadian cultural content and Canadian cultural institutions, broadcasters and Canadians who are creative, both in the online world and the broadcasting world.
What we are going to see is a real renaissance of Canadian content, and that is why I will be supporting the bill.
:
Mr. Speaker, I am pleased to rise today in support of Bill . For decades, Canadian broadcasters have given us incredible Canadian content on our televisions and our radios. This is no accident. We support our cultural sovereignty. It is who we are as Canadians. It is our past, it is our present and it is our future. It is how we tell our stories to each other. As a condition of their licences, TV and radio broadcasters have had to invest in our culture and our artists. That is why we have the Canadian content that we are so proud of.
Here is what has changed. Online streaming platforms are the new broadcasters, yet they do not have to play by the same rules. Online streaming is the norm. Canadian broadcasters play by one set of rules and streaming platforms play by another. There should be one set of rules for everyone. That is why the government introduced Bill , the online streaming act. This bill ensures that online streamers contribute in an equitable but flexible way to the creation of Canadian content, and ensures that Canadians can find that content on their platforms.
Now, let us talk about what this bill would not do. This bill would not impose regulations on content that everyday Canadians post on social media. This bill would not impose regulations on Canadian digital content creators, influencers or users. This bill would not censor content or mandate specific algorithms on streaming services or social media platforms, and this bill would not limit Canadians' freedom of expression in any way, shape or form.
We have heard a lot of misinformation. My colleague just mentioned previously that a lot of emails have come in with a lot of confusion and misinformation, and I believe that is deliberate. I was going to address two of the issues that we might be hearing some of the most misinformation about in the .
First is the fact that user-generated content is excluded. People ask where that is in the legislation. The bill explicitly excludes all user-generated content in social media platforms and streaming services. I will read the subsection. Subsection 2.1 of Bill states:
A person who uses a social media service to upload programs for transmission over the Internet and reception by other users of the service — and who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — does not, by the fact of that use, carry on a broadcasting undertaking for the purposes of this Act.
In plain language, that means that users, even digital-first creators with millions of subscribers, are not broadcasters and therefore they will not face any obligations under the act. Any suggestions otherwise are simply untrue.
:
Mr. Speaker, I rise on a point of order. I do not think we have quorum in the House again.
[Translation]
And the count having been taken:
The Acting Speaker (Mr. Gabriel Ste-Marie): We do indeed have quorum, so the member for Kitchener—Conestoga may continue.
[English]
:
Mr. Speaker, as I said, in plain language, that means that any users, even digital-first creators with millions of subscribers, are not broadcasters. They will not face any obligations under the act. Any suggestions otherwise are simply untrue.
With this approach, the experience for users creating, posting and interacting with other user-generated content will not be impacted whatsoever, while still standardizing the treatment of commercial content such as TV shows and songs across the platform. We studied this and it is very clear. It is a little hard to explain in legalese, but the bottom line is that music content creations are exempt.
The other misinformation that has been floating around is on freedom of expression issues. Just to be clear, clause 12 of the explicitly states that any regulation the CRTC imposes on platforms through the Broadcasting Act cannot infringe on Canadians' freedom of expression on social media. It states:
For greater certainty, the Commission shall make orders under subsection 9.1(1) and regulations under subsection 10(1) in a manner that is consistent with the freedom of expression enjoyed by users of social media services that are provided by online undertakings.
Freedom of expression is protected under the charter and would be protected in the online streaming act. Artists are at the forefront of protecting freedom of speech. It is our arts that allow us to push these conversations. Every single arts stakeholder I have met supports this bill and free speech. I am putting that misinformation aside.
I am a recording artist. The arts sector is how I was proudly able to make a living for my entire life before having the privilege of serving my community and my country as the member of Parliament for Kitchener—Conestoga. As an artist, I felt support from fellow Canadians. I felt support from Canada. We are proud of our artists, and they deserve our respect and support.
During the pandemic, we turned to our artists to make sense of the experiences we were going through. It was the stories, the books, the shows and the music that got us through the pandemic. I have said on more than one occasion that science is getting us out of the pandemic, but arts is getting us through it. We need to support our arts sector. It is one of the hardest-hit sectors in all of the economy and is taking the longest to recover as we move out of the pandemic. That is another reason this bill is so important. We need to show our artists that we support them.
I sit on the heritage committee and was at every meeting on Bill and at every meeting on Bill in the previous Parliament. I have studied this. I met with countless stakeholders, individuals and organizations, and they are expressing the fact that the Broadcasting Act needs to be updated. Our arts and culture industry is telling us how vital and urgent this legislation will be for it, and we are listening.
I try not to get political in the House, but I find that politics has been creeping back in. The Conservatives have used every tactic in their tool box to delay and block Bill . They did not allow the committee to get to clause-by-clause with their filibustering. They went as far as to filibuster their own study motion at one point. They said they had questions for the CRTC and then filibustered a whole meeting while the head of the CRTC and officials sat there and could not appear to answer the very questions we wanted to ask. The Conservatives said they wanted to hear from the and then filibustered a whole meeting while the minister sat there. He could not appear to answer the questions we needed to ask. It has been deeply disappointing, because those stalling tactics are wasteful and prevent us from helping our artists.
I will not stop advocating in support of our artists. I appreciate the co-operation of every party except the Conservatives. We have worked together to move things forward. We have co-operated, we have contributed to amendments and we have had conversations. I truly do not understand why the Conservatives are supporting the foreign tech giants over our own Canadian artists.
I would like to quote Marla Boltman from an organization called Friends, who summed it up very nicely. She said:
Requiring contributions from foreign tech giants that extract billions of dollars from our country will help sustain our industry while driving investment and innovation in the creation of Canadian content that continues to reflect our diversity of voices and who we are as Canadians. Foreign contributions will level the playing field between Canadian broadcasters and foreign platforms.... If you benefit from the system, you must contribute to it.
I could not agree more.
Bill is about fairness. It is about supporting our cultural sector. It is about having the power to shape our culture and make sure that everyone can see themselves in our culture. It is about being proud of who we are and being proud of Canadians. That is why I think it is important to keep moving on this important legislation, and why I will be supporting it.
I just want to say that, as a musician myself, some of my earliest memories of playing were in our small apartment on the piano. My dad would pick up his bass. He used to play bass in the day. That is part of the way I learned how to play music, just playing some rock and roll songs. I actually thought my dad wrote all those Beatles' tunes we used to play. I did not find that out until later.
As it is Father's Day, I want to say a personal happy Father's Day to my dad and to all the fathers and father figures out there who have supported the next generation of artists.
:
Mr. Speaker, I thank my colleague across the way for his contribution to the arts.
As somebody who was an online content creator and able to create a business as a result of it, and who also worked in mainstream media, I am curious to have his thoughts on how he thinks the CRTC can logistically regulate the millions of videos that are uploaded to social media and YouTube every single day.
:
Mr. Speaker, digital creators are a future source of our culture. They are going to continue to tell stories. Many of them are already artists in the existing ecosystem here.
In no way will this bill have the CRTC regulating their content. The CRTC is working with the platforms themselves. That is why there is flexibility between the regulation and the legislation we have right now. The legislation will give the CRTC the tools to work with the platforms, but according to proposed subsection 2.1 of Bill , the user content itself, even for digital first creators, will not be subject to the Broadcasting Act.
:
Uqaqtittiji, I was glad to see that amendments were made regarding user-generated providers. I wonder if the member could help clarify what the amendments would mean if Bill were to pass.
:
Mr. Speaker, my colleague always asks wonderful questions. Every time she asks a question, the whole House listens, and I think that is a testament to her nature. She is looking out for our artists, including digital first creators.
The intent of this bill is not to scope in digital creators. If they have user-generated content, the bill is not going to cover them. It is simply requiring platforms that are not paying into our system to contribute. Right now our traditional broadcasters contribute to the system. They pay into it, and the online foreign streamers are not paying into that system. the bill would simply let them pay into the system and make sure that all our voices can be heard with some discoverability measures.
[Translation]
:
Mr. Speaker, I would like to thank my colleague from Kitchener—Conestoga, who is himself an artist.
I would like him to explain to all Canadians client why it is so important that web giants compensate artists and content creators. Can he explain how the financial framework changed in the space of a generation and why this bill is important?
[English]
:
Mr. Speaker, I thank my colleague for the advice he offers from time to time. It always comes in handy, and I appreciate that.
The world is changing fast. It used to be a closed system, where our traditional broadcasters paid into the system to make sure they contributed to Canadian culture with grants and programs that artists could draw from to tell their stories. Right now we have two systems. We have the traditional broadcasters, which are in radio and TV and are still paying into the system, and we have our online foreign streamers, which are not. They are not paying into any kind of system. Sometimes they contribute to a production here, but they are not paying into the system itself, and that is the level playing field we need to see. If they are acting as broadcasters here in Canada, which these foreign online streamers are, they would fall under the same regulations and would have to contribute funds to our culture for our Canadian artists to draw from to tell their own stories.
:
Mr. Speaker, I recognize that proposed subsection 2.1 provides clarity to some extent with user-generated content, but proposed section 4.2 clearly says that user-generated content or programs that generate revenue can be regulated. I am wondering if the member would at least acknowledge that this act would in fact allow for the regulation of user-generated content that generates revenue?
:
Mr. Speaker, I believe my colleague is in Dauphin, Manitoba, and I used to play at that festival, which is one of my favourite festivals of the summer, so he understands the importance of supporting our artists.
We need to make sure there is a balance between legislation and regulation. If we put everything in and do not give any flexibility, we will not have the ability as technology changes to make sure we can adopt to new technologies.
Right now the digital creators are still protected. Proposed section 4.2 does not say that they would be scoped in.
:
Mr. Speaker, if I may, as my hon. friend opposite did, before I begin my remarks on Bill , I would like to take this opportunity to recognize my father, as Father's Day is coming up this weekend. I thank him for all his love, guidance and support over the years. He is currently undergoing chemotherapy and is not feeling 100% himself. However, my three brothers, my mother, all of our extended family and I know he will be back to 110% soon. I just want to say we love him.
I am happy to rise today to speak about Bill . Although I believe the Broadcasting Act needs to be renewed, I am deeply concerned with Bill C-11 because, in many ways, it is simply a revival of the flawed and failed Bill from the previous Parliament.
The government claims that Bill is being introduced to protect Canadian content creators. However, the bill fails, as many such entrepreneurs are opposed to this legislation. The bill fails, for example, Chad, who lives in Upper Stoney Creek in—
[Translation]
:
I have to interrupt the hon. member because the hon. Minister of Seniors is rising on a point of order.
The House resumed consideration of Bill , as reported (with amendment) from the committee, and of the motions in Group No. 1.
:
Mr. Speaker, I was speaking about Chad, who lives in the Upper Stoney Creek portion of my constituency. Chad is a digital creator who is concerned about the threat Bill poses to his livelihood. Chad is not alone by any means. We have seen dozens of Canadian content creators testify at the heritage committee to their deep concern with regard to this bill.
Chad told me that Canadian content creators are thriving with open social media platforms and, in fact, 90% of all viewer traffic on Canadian YouTube channels comes from international audiences. Let me put that another way: Canadian content creators export 90% of their product. Every Canadian knows that the world is a consumer of Canadian content. Our talented comedians, musicians and other artists are the content creators, just like Chad, who do a fantastic job of making sure that people from around the world get a glimpse of our great nation. Therefore, why is the government failing Canadian content creators again? Prominent YouTube artist J.J. McCullough, who testified before the heritage committee, said, “I also worry that the dreams of the next generation of Canadian YouTubers will become less achievable once they're forced to navigate intimidating new regulatory hurdles my generation did not.”
It is the same government that is already failing young Canadians in so many ways. As they struggle to fill up their tank to drive to work each week, as they are no longer able to achieve the dream of home ownership, and as they struggle to keep up to the costs of living because of generationally high inflation rates, now the government introduces a bill that would place hurdles on the ability of young Canadians to succeed in one of the few sectors of the economy that has flourished during the last two years. Instead, it is putting big print media companies first. With respect to this bill, if it were really concerned about content creators, then why would it not put content creators first? Why are the Liberals so against it?
I know that Professor Michael Geist was a speaker at one of the committees. He is the University of Ottawa's Canada research chair in Internet and e-commerce law. He expressed this concern and I will quote. He said, “Canada punches above its weight when it comes to the creation of this content, which is worth billions of revenue globally.... We are talking about an enormous potential revenue loss for Canadian content producers.”
The article then states, “Geist says [that] would make platforms including YouTube and TikTok 'force-feed Canadian content' that people might not usually choose to watch, rather than curated content matched to their preferences.” It then continues, “If people do not select Canadian content they are offered, or if they indicate they don’t like it or choose another video instead, it could lead to content that wasn’t chosen, disliked or not watched to the end automatically being downgraded around the world.”
Therefore, why would this bill be placing power in the hands of the government to make these decisions? I might add that this is the government that cannot manage the passport system, as we have seen with the ridiculously long lines at Service Canada offices across the country. Why would we trust the same government to regulate content creation, which is a space which, by its definition, needs to be nimble, flexible and dynamic?
The concerns over Bill are not limited to detrimental effects on the livelihood of Canadian content creators, but extend to the right of free speech, which is a core identity of Canadians. If the last few years have taught us anything, it is that open social media platforms are vital and crucial for us as we maintain our social connections. Podcasts and the simple joys of sharing videos of puppies and kittens and such with friends could be heavily regulated and restricted if this legislation goes through. These are examples of social media content that have seen great success without government regulation, but that would be controlled by the CRTC, a bureaucracy which would needlessly clamp down on social media platforms.
The government is failing Canadians in the sense that it is introducing legislation that would reduce choices in content that have given Canadians relief over the course of the past number of years. What also gives constituents and I concern is the threat to the ability of Canadians to freely express themselves without government interference.
Poet Maya Angelou once said to watch people's feet, not their lips. The Liberal talking point is that they want free speech and do not want to curtail it. This happens to be the very process to discuss Bill , and it is a sham. We are seeing the Liberals stopping and silencing debate, not just in committee, but also in this chamber. This is ironic, because the was recently reported in the Globe and Mail saying that the Senate is not going to look at this before the summer, and recently the chair of the CRTC, Ian Scott, estimated that it could take two years to implement Bill C-11. What is the rush? Why is there curtailing of debate on this bill in this House? Canadians need to stop watching the Liberals' lips and start watching their feet.
The impact that this legislation would have on freedom of speech is a serious concern for many in Flamborough—Glanbrook, who have sent hundreds of emails and made dozens of calls to my office, and I have to say the overwhelming majority are opposed to Bill . As an example, Christina and Albert from Mount Hope emailed my office to express their concerns about the vagueness of the legislation and how it would allow for almost unhindered regulation of the Internet by the CRTC and, in turn, would influence what social media posts Canadians can see. Christina and Albert were also concerned with the possibility that those views that differ from the government’s might be more readily clamped down on in social media, because the CRTC would have regulatory control over the Internet. There are similar concerns from Harry in Lynden, in my constituency, as well as Arie in Mount Hope. Their overall concern is the limiting of the content they might watch or the content they might create and post.
I share the concerns of my constituents. We are proud as Canadians that Canada is seen internationally as a beacon of democracy, but this legislation and the limitations it would have on free speech are a betrayal of those freedoms that we certainly cherish and promote worldwide.
I know my time is winding down, so let me conclude.
For these reasons, Canadians are rightly concerned about this bill, its contents and the process by which it is being pushed through this chamber. This is why I stand with the people who have contacted my office and taken the time to call or write, with the people of Flamborough—Glanbrook and with my Conservative colleagues and urge everyone to vote against Bill .
[Translation]
:
Madam Speaker, I thank my colleague for his speech. I also want to assure the House that the government, the CRTC, is not interested in puppies and kittens.
I am a francophone. There are 600,000 Franco‑Ontarians. Unfortunately we are not a strong market force. Is my colleague saying that we should not help develop my culture in Ontario?
That is exactly what Bill C‑11 does. The same content that is on television and radio goes into a fund to support francophone communities in developing their culture. If those same videos are streamed on platforms, nothing goes toward supporting our cultures.
Does my colleague not agree that we should be supporting my culture? Is my culture equivalent to his?
[English]
:
Madam Speaker, I want to assure my hon. colleague opposite that I very much respect the francophone culture and franco-Ontarians. If members were to look at my CD collection, and I am dating myself by saying this, I had perhaps an equal number of francophone artists as anglophone artists, so I certainly encourage and respect that.
I do not think this bill is necessarily what is necessary to accomplish that, and I would note that the chair of the CRTC, Ian Scott, did indicate that this bill would allow the CRTC to regulate user-generated content, so that is the concern.
[Translation]
:
Madam Speaker, I thank my colleague for his speech.
I share his concerns. He also made reference to people that he and his party consulted. Unfortunately, we have noticed that it is always the same person who is consulted, while the member for has long consulted all the organizations that represent content creators and the creative industry. They are in favour of Bill and they also agree that it is urgent to pass it.
I would ask my colleague to explain to us the source of all these concerns expressed by the only person, just about, that they consulted.
[English]
:
Madam Speaker, I did refer to one individual in my riding who is a content creator and who expressed his concerns, but as I noted as well, a number of content creators who spoke at the heritage committee raised similar concerns. My home city of Hamilton, Ontario may be not the same as Burnaby, which is the Hollywood of the north, but I think we are quickly becoming a destination for a lot of movie production and content production, so we take that personally as well.
As I said, there were hundreds of emails and quite a number of phone calls, and the vast majority were opposed to this legislation. It was not one single source at all. It is a concern. We are hearing that directly, and I did not solicit these.
:
Uqaqtittiji, I would like to ask the member if his party understands that the proposed changes in Bill include user-generated content creators generally but provide exceptions only to professional content providers who are generating revenue.
:
Madam Speaker, given the brevity of time for a response, let me just reiterate this. As was pointed out by my colleague for this morning, there were five days of two-hour debate at the committee, which was shut down. There were committee amendments that were voted on by number, without being read into the record, at committee this week, which really is a sham. There were a number of people who wanted to present at committee and have their voice heard, which ended up on the cutting-room floor, because this was rammed through. I think that is really the story of what this is about, and the reason why we should be very concerned about the content of the bill.
:
It being 1:15 p.m., pursuant to an order made on Monday, June 13, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the report stage of the bill now before the House.
[Translation]
The question is on Motion No. 1, and a vote on this motion also applies to Motion No. 3.
[English]
If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.
The hon. parliamentary secretary to the government House leader.
:
Madam Speaker, I request a recorded division.
[Translation]
:
The recorded division on the motion stands deferred.
[English]
The recorded division will also apply to Motion No. 3.
The next question is on Motion No. 2.
If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.
The hon. parliamentary secretary to the government House leader.
:
Madam Speaker, I request a recorded division.
:
The recorded division on the motion stands deferred.
Normally at this time, the House would proceed to the taking of the deferred recorded divisions at the report stage of the bill. However, pursuant to an order made on Thursday, November 25, 2021, the recorded divisions stand deferred until Monday, June 20, at the expiry of the time provided for Oral Questions.
The hon. parliamentary secretary on a point of order.
:
Madam Speaker, I hope that if you seek it, you will find unanimous consent to see the clock at 1:30 p.m. so we can start private members' hour.
:
Does the hon. parliamentary secretary have consent to see the clock at 1:30 p.m.?
Some hon. members: Agreed.
The House resumed from April 26 consideration of the motion that Bill , be read the second time and referred to a committee.
:
Madam Speaker, it is an honour to rise this afternoon to speak to Bill , an act respecting the development of a national strategy to assess, prevent and address environmental racism and to advance environmental justice, put forward by my colleague, the hon. member for .
It is far past time we addressed environmental racism and the disproportionate siting of polluting industries in Black communities, indigenous and racialized communities and those of the working poor. These are communities that typically lack an economic and political base to fight back. It is impossible to ignore the reality that governments have consistently put harmful industries and dumpsites dangerously close to some of the most marginalized communities across the country. This is a systemic issue that not only negatively impacts those residents' physical health and wellness through abnormal instances of cancers and other diseases, but also discourages others from moving into that area, deterring growth and new opportunities for those within it.
These decisions also impact the environment around those who live there, affecting drinking water and food sources for indigenous communities in particular. All of this has a negative impact on the mental health of these residents, compounded by gaslighting, with the onus routinely placed on those impacted most to prove the situation is leading to these adverse effects and that change is required. I would like to share a few examples.
Africville was a Black community in Nova Scotia established in the 1850s on the outskirts of Halifax. The community was pushed to the margins and did not receive the same services or infrastructure as others in the nearby city. Over the decades, undesirable developments were built in or near the community, including an infectious disease hospital, a dump and a prison. Africville's water and land were contaminated. Eventually the city relocated residents in 1964 without meaningful consultation or compensation.
Another is the toxic dumping in Kanesatake, Quebec, a community that is suffering ongoing health impacts because of the toxic waste from a recycling facility which has not been cleaned up despite repeated calls.
We can take the example of when a pipe at a pulp mill ruptures, spilling untreated effluent into a Pictou Landing First Nation wetland and it takes six years to solve the issue.
Closer to my community, in Ontario, there is the mercury-poisoning crisis in Grassy Narrows First Nation and neighbouring White Dog Independent Nation, one of Canada's worst environmental disasters that is still ongoing. A recent CBC investigation found that 90% of the population of Grassy Narrows experienced the symptoms of mercury poisoning, which include neurological problems, seizures and cognitive delays. Many homes do not have safe drinking water in an area with very limited health services and no on-reserve mental health care. The community has been fighting to have this contamination cleaned up for over 50 years without result.
These are just a few of the many examples of how Black, indigenous and racialized communities have been disproportionally impacted by neglect and the siting of environmentally harmful industries.
We can also see environmental racism and injustice showing up in other ways, like when racialized neighbourhoods do not have the same access to green spaces, public trails and playgrounds, or even street trees in their area.
Personally, I have learned so much on this topic from the incredible work of Dr. Ingrid Waldron and the ENRICH Project, a collaborative, community-based project investigating the cause and effect of toxic industries situated near Mi'kmaq and African Nova Scotian communities. It is a project that Dr. Waldron started and has led since 2012.
Dr. Waldron literally wrote the book on environmental racism. It is called There's Something in the Water, which was turned into a 2019 documentary of the same name, co-produced with Elliot Page and Julia Sanderson.
Dr. Waldron says it best, “In Canada, your postal code determines your health.” She went on to say, “Environmental racism is about a pattern and it is historical. It is rooted and embedded in historical inequities and it is about the lack of response by government to act on the citing of these industries and communities of colour and indigenous communities.”
Dr. Waldron went on to lay out two ways we can meaningfully address environmental racism. One is to develop legislation across the country and the other is to provide education on the subject in schools.
Collectively as parliamentarians in the House of Commons we can take action on the first. In Canada we need to be honest. We are way behind. As an example, in the United States, the office of environmental justice was formed as part of the Environmental Protection Agency in 1992. That is more than 28 years ago.
Dr. Waldron has been making incredible progress over the last number of years. Dr. Waldron worked with then MLA Lenore Zann on what was Bill 111, an environmental racism protection act in the Nova Scotia legislature in 2015. The bill was defeated at second reading.
When elected as an MP representing Cumberland—Colchester, then MP Lenore Zann in the previous Parliament brought forward Bill , which forms the basis of this piece of legislation before the House today. While Bill C-230 had widespread support, it died on the Order Paper when the election was called.
It is part of why I am so glad that my colleague, the MP for , has now brought back Lenore's private member's bill, as Bill . I am also glad that as it has been brought back, it includes all of the work that has already been done to this point. It has already been to committee, for example. It has had an amendment adopted. The only difference between the current bill and the one in the previous Parliament is that the amendments that had been proposed are now included in the specifics of the strategy that would be developed should the bill be passed.
The bill has all of the benefit of the cross-party support that the previous version of the bill already had. It is for this reason that I am hopeful that Bill will continue to have the widespread support across party lines, recognizing that there is nothing partisan about ensuring that we take immediate steps to address environmental racism and environmental justice in this country. It is my hope that parliamentarians from all parties will choose to fast-track this legislation, recognizing it has already been studied, so that we can send it to the Senate as quickly as possible and ideally have it passed into law.
In conclusion, we know that for decades environmental racism has been neglected by all levels of government and to some extent the environmental movement itself. We must take action now to ensure that no community suffers the same harms as Africville, Grassy Narrows and so many others have. It is far past time to develop a national strategy to redress the harm of environmental racism and lead us into a just climate future for all.
[Translation]
:
Madam Speaker, it is the last Friday of this session in the House. If I may, I would like to take a moment to acknowledge everyone who has supported our work throughout this past parliamentary session. This includes the interpreters, the pages, the Sergeant-at-Arms and his team, maintenance staff, cafeteria employees, IT support staff, law clerks, analysts, and so on. Not only do these people help us represent our constituents to the best of our ability, but they also make our job so much more enjoyable simply because they are so incredibly nice.
Madam Speaker, as everyone knows, Fridays can be a little colourful in the House compared to most other days. We are often treated to all kinds of surprises, including new faces in the chair you are now occupying. I want to congratulate everyone who has taken a surprise turn in the chair over the past few weeks. Everyone did a great job. Let me single out my colleague from , as well as the member who spoke right before me, my colleague from .
As I said, Fridays are full of surprises, and parliamentarians' schedules are sometimes turned upside down. I would therefore like to say a quick hello to Marie‑Andrée Cardinal's special education class at École Marguerite‑Bourgeoys. I was supposed to meet with them this morning, but unfortunately had to reschedule. I look forward to meeting them, and I know that it will happen another time. In the meantime, I wish them a great end of the school year and above all a good summer vacation.
I will come back to our current subject, Bill . This is not the first time that a bill on environmental justice has been tabled in the House. In the previous Parliament, the then member for Cumberland—Colchester, Lenore Zann, introduced Bill , whose objectives were fairly similar to those of the current Bill C‑226.
When the vote was held at second reading, the Bloc Québécois did not support the bill. Specifically, we raised questions about interference in Quebec's jurisdictions, because, as drafted, it contained provisions that directly attacked Quebec's environmental sovereignty. I will come back to this point later.
The bill did make it to second reading and the committee was able to correct these and other aspects, which made it possible for the Bloc Québécois to finally support it. What happened next is history. The bill died on the Order Paper when the government called an election in the summer.
Discussions about bills similar to Bill are not just a thing of the past. The other chamber is currently holding a similar debate on Bill , the strengthening environmental protection for a healthier Canada act. We can see that people want something to be done about environmental human rights, and the Bloc Québécois thinks that is a good thing. Since Bill S-5 is broader in scope when it comes to addressing environmental injustices, one has to wonder whether, if it passes before Bill C-226, Bill C-226 will then become obsolete. We will see.
In short, Bill is no doubt inspired by a very noble desire to advance environmental justice. However, what starts out as a good intention unfortunately does not always lead to a good end result, or the implementation of a good policy, and we believe that Bill C‑226 has some shortcomings. I mainly want to focus on two of them today.
As has already been mentioned, Bill C‑226, like the first version of Bill C‑230, would create a Canada-wide strategy, which, in a federative context, might not be the right approach. Any action by the Canadian government must take into account that Quebec and the provinces have jurisdiction over environmental protections and health and social services. More specifically, it should recognize that the Government of Quebec has authority over these matters. We therefore believe that it would be inconsistent to claim to be fighting for environmental justice at the federal level without, at the same time, defending the environmental sovereignty of Quebec.
Parts of the federal infrastructure, such as wharves, ports, airports, telecommunications infrastructure, federal property and so on, are not subject to our environmental protection laws or municipal bylaws. Quebec's environmental protection and land-use planning laws must apply to all Quebec territory and must not be overridden by federal laws.
This reflects the unanimous will of the Quebec National Assembly, which, on April 13, 2022, voted in favour of the primacy of Quebec's jurisdiction in matters of the environment and opposed any intervention by the federal government in matters of the environment on Quebec territory.
I want to add that, in Quebec, the right to live in a healthful environment in which biodiversity is preserved has been enshrined in the Quebec Charter of Human Rights and Freedoms, a quasi-constitutional statute, since 2006. I mentioned Bill earlier, and I want to point out that one of the objectives of this bill is to enshrine this type of right in Canadian legislation.
Because this happened last time, the Bloc wants to remind the House that respect for Quebec's environmental sovereignty cannot be sidestepped during the study of this bill.
The other concern I want to raise about Bill is that it should focus on environmental justice rather than environmental racism. Not only are there issues with the definitions, but also the notion of environmental racism might not be universal enough. Many people may slip through the cracks, even though we should be tackling the environmental inequality they experience too.
My colleague from did a great job of summarizing the situation when she spoke to the former Bill :
My thought is this. If we introduce new policies based on new rights, such as the right to a healthy environment, everyone should benefit from it. Furthermore, if the policy is well thought out and targeted, it will correct unequal situations. Those who suffer the greatest injustices will then receive help and support from the government, and even reparation for the harm done. That's my understanding. The rights and the criteria for receiving state protection and support are universal. If the principles are truly applied to everyone, without discrimination, then the policy will have the effect of reducing inequalities based on differences.
Leaving aside issue of interference for now, here is my question: If the only inequalities covered by Bill C‑226 are race-related, are we leaving out other people who also deserve protection?
The Commission des droits de la personne et des droits de la jeunesse du Québec also addressed the issue of the systematic correlation between certain social inequalities and the notion of race.
...the idea that socio-economic, cultural and political differences between groups of individuals can be based entirely or in part on biological and genetic disparities has been widely rejected by most researchers in the social sciences.
Here is a concrete example. If the population of eastern Montreal, which is diverse and has its historical roots in the working class, were affected by air pollution, which we know it is, would it be subject to or excluded from the strategy? Furthermore, we must question the criteria used.
Similarly, would the municipality of Rouyn-Noranda, which is grappling with serious problems of air quality and overexposure to arsenic, be covered by the bill? This matter does raise issues of environmental justice, because, like David against Goliath, citizens whose life expectancy has been cut by five years are fighting Glencore and its $4-billion profits. Would Rouyn-Noranda, on the sole basis of environmental racism, enjoy protection under the law?
In short, this seems to be a matter of universality. We know that a policy is good when its measures are reasonably flexible. Throughout history, the social policies that have best served the advancement of rights and social protections and reduced inequalities, in other words, the development of a welfare state, have been universal policies. The best way for the government to avoid discriminating based on differences is to blind itself to differences.
If our institutions implement new policies based on new rights, such as the right to a clean environment, everyone should have them. If the policy is well-thought-out, if the implementation measures manage to remedy inequitable situations, then those who suffer the most from injustice will receive help and support from the government, as well as reparation for any harm done. If the rights and the eligibility criteria for government protection and support are universal and if those principles are applied to everyone without discrimination, then the policy will also eliminate inequalities based on differences, all differences.
These are two things that we should think about in order to improve the bill. I will end there.
[English]
:
Uqaqtittiji, my dad completed suicide when I was very young, but I was very fortunate to have several different father figures with several different families throughout Nunavut. I would love to wish them a happy Father's Day. I also wish a special one to my husband Allan. As a blended family, we were able to raise nine children together, so happy Father's Day to Allan.
I am privileged to stand here as we celebrate and acknowledge that this is National Indigenous History Month, especially since next week, on June 21, many people across Canada will be celebrating National Indigenous Peoples Day. Having said this, I want to call attention to education by insisting that all governments and educational institutions in Canada implement the TRC's calls to action 6 through 12 and 63 to 66, which focus on education.
I also want to thank the member for for introducing this bill. Its predecessor, Bill , died on the Order Paper.
I will outline briefly how opportunities for environmental racism have been perpetuated by Canada and implemented in Canada’s constitutional and legal framework for dealing with lands in Canada.
The violation of the indigenous inherent right to lands is the strongest form of colonialism. This practice by Canada has negatively impacted indigenous peoples. This colonialism has happened for hundreds of years, from the time of first settlers to present-day Canada. This is evident with case law leading to the current landmark case on the land title of Haida Nation. We cannot deny that there is conflict between colonial Canada and many of the first nations that have had to go through the courts to have their rights and title recognized.
Before settlers arrived in what is now known as Canada, indigenous peoples thrived. They managed the environment and the wildlife, ensuring a pristine and balanced environment. Since the arrival of settlers that led up to the Constitution Act in 1867, indigenous peoples have been robbed of their lands. However, indigenous peoples can reclaim lands in one of four ways. Rather than explaining the Constitution Act, I will simply state that sections 91(24), 92 and 35 create the opportunities for environmental racism to be perpetuated.
There are many cases dealing with rights and title, including Calder, R. v. Sparrow, Delgamuukw, R. v. Marshall, the Tsilhqot'in case, Clyde River, Haida Nation and Carrier Sekani. These cases lead to opportunities for environmental racism to be perpetuated. While these important cases have advanced indigenous rights and title to lands, the courts have ensured that these rights are limited and incremental.
Another instrument is the United Nations Declaration on the Rights of Indigenous Peoples, which was adopted in the United Nations in 2007. Canada was one of four countries that voted against it. It was not until 2016 that Canada finally endorsed UNDRIP. It was finally in the last Parliament that legislation related to UNDRIP received royal assent here in Canada. I will specifically and quickly say that article 32 states:
1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories
I am going to give a quick example of the impacts of environmental racism.
When environmental racism seemed to reach its peak in Nunavut, in February 2021, a group of hunters from Arctic Bay and Pond Inlet marked a shift in how Inuit voice their concerns. While this group was hunting, it happened to be at the same time the Nunavut Impact Review Board was holding one of its technical hearings on the proposal by the Baffinland Iron Mines Corporation to expand its current mine.
During this time, Inuit who attended the hearings felt unheard. The questions they posed to Baffinland were not being answered, and the Nunavut Impact Review Board was continually limiting the number of questions the Inuit could ask throughout the proceedings. The hunters, having heard reports about the suppression of Inuit voices, took the drastic action of impeding access at two points of the mine. Baffinland, rather than working with Inuit, chose to close the mine and impose a court-ordered injunction.
Because of the courage of what is now known as the Nuluujaat Land Guardians and that of hunters and trappers organizations such as the Qikiqtani Inuit Association, which represents the regional interests of the Inuit, the Inuit changed their position. They went from being willing to support phase two to outright rejecting the phase two proposal in its form at the time. Inuit, indeed, have been willing to work with Baffinland to ensure Inuit employment and ensure proper environmental protection, adaptation and mitigation. They just were not heard to the extent they should have been.
On March 13 of this year, the Nunavut Impact Review Board, within its statutory mandate, recommended to the that Baffinland's proposal to expand its current mine in phase two should not proceed. It said, “These potential significant adverse effects cannot be adequately prevented, mitigated, or adaptive managed under proposed mitigation, adaptive management and monitoring programs and/or revisions (to the project certificate).” The Minister of Northern Affairs has 90 days from March 13 to decide whether he will accept the Nunavut Impact Review Board's recommendation. While I very much appreciate the work of my forefathers, the fact that the Nunavut Land Claims Agreement ended up with a provision that allows the federal government to have the final say is more than environmental racism.
Since the Nunavut Impact Review Board's decision, Baffinland has requested an emergency decision by the to expand the current project beyond its scope. Now Baffinland has issued notices that it will lay off its workers, choosing profits over labourers. While the price of iron ore has dipped, it is projected to continue to rise and remain stable.
There is another aspect to this. The fact that four ministers have been invited to hear directly from the most impacted community and have refused is more than environmental racism. The fact that the will decide the fate of the lands, impacting directly the environment and the Inuit who have lived there since time immemorial, necessitates the passing of this bill.
While this bill will be another form of chipping away at the current system, it will still ensure that indigenous peoples are engaged in the development of a national strategy. That is why the NDP supports the passing of this bill. Finally, passing this legislation will ensure that Canada complies with article 32 of the United Nations Declaration on the Rights of Indigenous Peoples, which is such an important international instrument that Canada has an opportunity to show leadership on.
:
Madam Speaker, I am pleased to have the opportunity to speak today about the bill brought forward by the member for , Bill , an act respecting the development of a national strategy to assess, prevent and address environmental racism and to advance environmental justice.
Before I speak about the bill, I would like to take this opportunity to recognize Lenore Zann, the former member for Cumberland—Colchester, because it was her important work on this bill in the previous Parliament that really kick-started this process. I am really happy that we get to stand today and continue the work that she started on it.
I would also like to thank the member for for carrying forward that important work and reintroducing this bill.
Returning to Bill , the bill proposes to develop a national strategy to assess, prevent and address environmental racism and advance environmental justice in consultation with any interested persons, bodies, organizations or communities, including representatives of governments in Canada and indigenous peoples.
The minister would be required to develop a strategy within two years of the bill receiving royal assent and to report on its effectiveness every five years.
The is mandated to develop an environmental justice strategy and examine the link between race, socio-economic status and exposure to environmental risk.
Given the important objectives of this bill and its clear alignment with the government's commitment as declared by the , we support this bill.
It is important to also recognize that, while the development of our environmental justice strategy reflects a new approach, it is well aligned with a broader range of Government of Canada policies and initiatives. In fact, there are a number of complementary efforts under way that will support environmental justice for all Canadians and inform the strategy developed under Bill . For example, the government introduced Bill , the strengthening environmental protection for a healthier Canada act, in the Senate on February 9. Bill aims to strengthen the Canadian Environmental Protection Act, commonly referred to as CEPA, with a particular focus on recognizing a right to a healthy environment as provided under that act and strengthening Canada's chemical management regime.
If it is passed, the and the will be required to develop an implementation framework to set out how the right to a healthy environment would be considered in the administration of CEPA. Among other things, the implementation framework would elaborate on principles to be considered in the administration of CEPA, such as environmental justice, which includes avoidance of adverse effects that disproportionately affect vulnerable populations. The framework would also elaborate on non-regression, which generally refers to continuous improvement in environmental protection. Canadians would have an opportunity to participate in the development of the implementation framework.
In addition, the ministers will be required to conduct research studies or monitoring activities to support the government in protecting the right to a healthy environment. This requirement could provide valuable information as the government moves forward on environmental justice issues. For example, it could include the collection and analysis of data to identify and monitor populations and communities that are particularly vulnerable to environmental and health risks as a result of greater susceptibility or greater exposure.
Additional amendments proposed in Bill would recognize in the preamble the importance of considering vulnerable populations when assessing risks related to chemical substances, as well as the importance of minimizing the risks of exposure to toxic substances and the cumulative effects of toxic substances.
The amendments would also set out requirements for a number of new elements, including requiring that the conduct biomonitoring surveys that may relate to vulnerable populations, ensuring that vulnerable populations and cumulative effects are taken into account when developing and implementing the new plan for chemical management priorities, and requiring that the ministers consider available information on vulnerable populations and cumulative effects when conducting and interpreting risk assessments.
The proposed bill reflects the need to better understand the link between race, socio-economic status and exposure to environmental risk. This government has prioritized science and evidence-based decision-making, and this is a key component in setting a course for environmental justice.
In short, good information is crucial for providing the evidence-based foundation needed to enable informed policy actions. Ensuring that our policy actions are based on facts, science and evidence will strengthen our capacity to achieve the outcomes we strive for.
For example, it is important that science and how we manage risks from chemical substances systematically account for potential adverse impacts on vulnerable populations. The government will continue to consider available information on vulnerable populations when assessing risks related to chemical substances under CEPA, a practice that would be codified with Bill .
In addition, in this context, biomonitoring data are an important source of information on levels of exposure for vulnerable populations, as well as on combined exposures to multiple chemicals. For example, the maternal-infant research on environmental chemicals research platform has been used to collect data on pregnant people and children. Furthermore, the issue of cumulative effects of toxins may be especially problematic for indigenous peoples.
In support of world-class scientific research and monitoring, the government provides funding for the northern contaminants program. It aims to reduce and, where possible, eliminate contaminants from the Arctic environment while providing information to northerners about contaminants in traditional country foods to allow them to make informed decisions about their food use.
Further, I would also like to make note of the recently released 2030 emissions reduction plan that sets the stage for continued emissions reductions and highlights the importance of cutting emissions as a means to fight inequality in communities more vulnerable to the impacts of climate change. This plan also reflects the importance of engaging with indigenous peoples, and pursuing equality and justice in economic and sectoral transitions that will support emissions reductions.
In addition to these efforts, our existing legislation and policies continue to assist in advancing environmental justice. In August 2019, the Impact Assessment Act came into force and put in place better rules for federal assessment of major resource projects. The Impact Assessment Act reflects values that are important to Canadians, including early, inclusive and meaningful public engagement, partnerships with indigenous peoples, timely decisions based on the best available evidence and indigenous knowledge, and fostering sustainability for present and future generations.
The Impact Assessment Act provides more and earlier opportunities for participation by indigenous peoples, historically marginalized communities and all Canadians. Public participation provisions across the act would help to ensure the participation was meaningful and that in particular indigenous peoples have the information, tools and capacity they need to contribute their perspectives and expertise to project reviews.
For example, the planning phase would ensure early discussions and dialogue with indigenous groups and the broader public. Canadians want to know that industrial and resource development activities are appropriately planned and properly regulated in ways that account for the full range of impacts on Canadians, including on communities that are experiencing marginalization. The Impact Assessment Act would ensure robust oversight and thorough impact assessments that take into account both positive and negative environmental, economic, health and social effects of a project, including potential cumulative effects.
To understand how projects may impact diverse groups of people differently, the act requires that a gender-based analysis plus, GBA+, be applied to the assessment of project effects. The act also expressly requires that decision-making processes recognize and respect indigenous rights and knowledge. The act ensures that the effects within federal jurisdiction of projects are reviewed fairly and thoroughly in order to protect the environment and support economic growth. Budget 2022 contained impact summaries for each new budget measure in terms of gender, diversity and other factors as part of our continued commitment to GBA+.
In conclusion, we see the bill and the activities proposed by the bill as another way to advance and make progress in equality and diversity, which are fundamental to creating a thriving, successful and inclusive country. I want to thank the member for for bringing forth this important bill, and I am very pleased to say that we will be supporting it.
:
In resuming debate with the hon. member for , we are not able to see your screen at this moment. If we are having difficulties, I can go to the next speaker and get you up afterward.
We will wait one minute and see if we can get this rectified. Otherwise it is eating into other people's time.
I will have to go to the next speaker.
Resuming debate, the hon. member for .
:
Madam Speaker, environmental racism runs deep in Canada and is a direct result of Canada’s historic and ongoing colonization. Environmental racism causes severe harm to people’s health, threatens culture and destroys the natural environment. Discrimination and systemic racism in Canada’s laws and policies, in addition to uneven enforcement of regulations and laws, have created patterns where marginalized communities are bearing the brunt of the worst environmental impacts from Canada’s economic activities while receiving little of the benefits.
Indigenous, racialized and low-income communities are also the most heavily impacted by the effects of climate change. Last summer, a record-breaking heat dome killed hundreds of people in B.C. During the heat dome, analysis of surface temperature data from NASA’s Landsat 8 satellite found a connection between income and surface temperature in census tracts across the Lower Mainland. The average ground temperature varied by as much as 23°C between metro’s coolest and hottest census tracts.
Throughout Canada, lower-income neighbourhoods also tend to be neighbourhoods with higher percentages of racialized populations, and these neighbourhoods suffer disproportionately from the effects of extreme heat. Researchers indicate that residents of low-income neighbourhoods, like the Downtown Eastside in my riding, face a “double threat”, as many of the neighbourhoods' residents suffer from chronic health conditions, which leaves them more sensitive to the effects of extreme heat. Other neighbourhoods in my riding struggle similarly with higher ground temperatures associated with the reduced green spaces in comparison with wealthier neighbourhoods.
While the impact of climate change has become more severe in recent years, indigenous communities in particular have had a long history of bearing the negative impacts of Canada’s environmental racism, a phenomenon that is well documented. In 2019, Baskut Tuncak, UN special rapporteur on human rights and hazardous wastes, wrote, “During my visit, I observed a pervasive trend of inaction of the Canadian government in the face of existing health threats from decades of historical and current environmental injustices and the cumulative impacts of toxic exposures by indigenous peoples”.
A 2020 report by the Human Rights Council entitled “Visit to Canada - Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes” states, “Pollution and exposure to toxic chemicals threaten the right to life and a life with dignity,” and it continues on to say, “The invisible violence inflicted by toxics is an insidious burden disproportionately borne by indigenous peoples in Canada.”
Examples of environmental racism against indigenous communities across Canada abound. It is evident in the high number of drinking water advisories still active in indigenous communities, in the prevalence of health conditions linked to environmental pollution in indigenous communities such as Grassy Narrows, and in the destruction of traditional knowledge and traditional ways of life through pollution, climate change and displacement.
In B.C., the Liberal government continues to push a pipeline that it bought in the middle of a climate emergency, despite the lack of free, prior and informed consent from indigenous communities and in direct violation of the UN Declaration on the Rights of Indigenous Peoples.
Members will recall the violence faced by Mi’kmaq fishers on the east coast as they tried to earn a living by carrying out their indigenous rights to fish, while the government looked on.
Reconciliation and implementing UNDRIP are not possible without tackling environmental racism and fully and meaningfully including indigenous communities in the shaping of Canada’s environmental policies. Canada is very late to act on environmental racism.
As we debate this bill to assess environmental racism, in the United States the office of environmental justice, mandated to protect and promote environmental and public health in minority, low-income, tribal and other vulnerable communities, has existed since the early 1990s.
There is no reason to delay the passing of the bill that is before us. A similar bill, Bill , was introduced during the last Parliament and passed second reading. It was studied at the Standing Committee on Environment and Sustainable Development and amendments from multiple parties addressing various concerns were passed. Sadly, Bill C-230 died on the Order Paper when the Liberal government called an election that nobody wanted.
Given the state of play with the climate crisis, I call on the government to expedite the passing of this bill so we can start taking the urgent action required to achieve environmental justice for indigenous and racialized communities. Environmental justice is social justice.
I am also calling for the establishment of an office of environmental justice, not only to support the development of a sound strategy to tackle environmental racism, but also to ensure accountability with regular reports. We must also enshrine in law the rights of Canadians to a healthy environment.
Former MP Linda Duncan introduced the environmental bill of rights. We should make that into law. Recent analysis of temperature data in B.C. projected that in 30 years B.C. could experience three to four times more hospitalizations and deaths from high temperature days than there are now.
In Canada’s northern communities with first nations, Métis and Inuit populations, temperatures are rising as much as three times as the rest of the world. This is a matter that cannot wait. We must move forward on action tackling climate change and environmental racism now.
I want to thank the member for for tabling this bill and fighting this fight. This is not just for us in this generation. It is also for future generations. We owe it to them. It is incumbent on us to take action now, for if we do not, it will be too late.
:
The hon. member for Saanich—Gulf Islands has five minutes for her right of reply.
:
Madam Speaker, I want to start of course by acknowledging we are here on the territory of the Algonquin nation, and to it we say
meegwetch.
I also want to acknowledge the hon. member for had intended to speak to this bill. It is unfortunate that technical glitches interfered with that, and I am sure he was about to support it wholeheartedly. In any case, we do not get the benefit of his speech, and I regret that.
[Translation]
I want to thank some of the members who took part in this debate during the first hour and today during the second hour.
Many thanks to the , to my colleague and friend, the member for , to another very close friend, the member for , to my friend, the member for , to the members for and and, for today, my dear friend the member for , who is also a member of the Green Party. I thank the Conservatives because they are the ones who gave him the opportunity to deliver a speech today. I also thank the members for and , the parliamentary secretary and member for , and the member for .
[English]
These were rich speeches, and they gave us a lot.
I particularly want to thank my friend, the member of Parliament for , for her reflections on the bravery of Inuit hunters who were forced, due to the lack of environmental rights, to go out and take their places in civil disobedience on a runway to blockade a mine site because their rights were being violated. We can hardly imagine what that was like in February in Nunavut. It was not warm.
With only five minutes, I certainly cannot get into the full details on that effort, but I stand in solidarity with my friend, the member of Parliament for Nunavut, and the communities that have succeeded in persuading the Nunavut Impact Review Board to say no to a doubling of the iron ore mine on Baffin Island. I hope the will act as he should and accept that advice.
There is so much to say about the bill and why we are here and where we are.
[Translation]
The purpose of this bill is to prevent environmental racism, but it is also very important to point out that it will help advance environmental justice.
[English]
As a feminist commenting, I just went back to make sure I had that right in French. I had not realized before that “le racisme” is masculine but “la justice” is feminine.
I should not digress from my digressions when I have a five-minute speech.
This is a critically important issue that we make progress—
:
I am going to stop the member for a moment. Apparently, there is no interpretation.
We will allow the member to continue.
:
Madam Speaker, the importance of the bill and what I wanted to underscore is that it is operative.
Earlier today, of all coincidences, I was speaking at a conference marking the 40th anniversary of the Canadian Charter of Rights and Freedoms at the University of Ottawa law school with many brilliant people. I was not one of the brilliant people, but I was invited anyway. We were reflecting on 40 years of the Charter of Rights and Freedoms and what was missing: What do we need going forward? There were perspectives on the need for socio-economic rights, that we address the enormous income inequality that is growing in Canada and globally, that we address the needs that we express in terms of human rights, but also the rights that were missing from the charter. We spoke of the importance of addressing this gap through environmental rights.
I will note parenthetically that Bill , while being complementary to this right that we should have but do not yet have, we will not have this right if Bill passes and the Canadian Environmental Protection Act amendments do not create environmental rights as they should, but perhaps we can fix that through amendments.
What are rights without tools to enforce them? The environmental justice program at the U.S. Environmental Protection Agency has, since 1994, created tools that can be used by communities, indigenous communities, people of colour communities, Black communities and low-income communities, who have been historically, and are to this day, deprived of a healthy environment, because they do not have the clout of white, wealthy neighbours. The tools are to hire a toxicologist, to hire an epidemiologist, and are so abbreviated and so well known in the U.S., the EJ program of the U.S. EPA. Environmental justice: that is what we are here for.
:
The question is on the motion.
[Translation]
If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.
[English]
:
Madam Speaker, I would ask for a recorded division.
:
Pursuant to an order made on Thursday, November 25, 2021, the division stands deferred until Wednesday, June 22, at the expiry of the time provided for Oral Questions.
It being 2:14 p.m., this House stands adjourned until Monday at 11 a.m., pursuant Standing Order 24(1).
(The House adjourned at 2:14 p.m.)