Bill C-597 (Historical)

An Act to amend the Holidays Act (Remembrance Day)

This enactment amends the Holidays Act to make Remembrance Day a legal holiday and give it the same status as Canada Day.

Holidays Act

[Erin O'Toole, Conservative, Durham, ON]

Madam Speaker, it is a privilege for me to rise today and debate Bill C-311. It is an honour as a parliamentarian, but also as a veteran and as a former minister of veterans affairs. In many ways, this speech will have elements of my speech in this place in 2014 because this issue keeps coming back to the floor of the House of Commons. Any time we debate remembrance of those who have served our country, it is worthy of debate in this House, probably the most important debate we can have. Therefore, I thank the member for West Nova for bringing this modest contribution. His bill would add a word creating a legal holiday with respect to November 11, and it builds in part on the bill in the last Parliament, Bill C-597, which I spoke to, brought by MP Dan Harris from the New Democratic Party, then member for Scarborough Southwest, who had a slightly more substantive bill with respect to this, which was not successful. He also had provisions with respect to the flag.

However, I can say that several Parliaments have had this debate. Several members have mentioned that really the statutory holiday elements of this are provincial. In 1982, former premier Bill Davis removed the statutory element for Remembrance Day in Ontario. I am an Ontario MP. I certainly know that schools and other organizations make an effort to remember. I served in Nova Scotia when I was in the RCAF, and certainly I saw the large cenotaph gatherings in that province because of the holiday, so it really is at the discretion of the provinces. Several members have mentioned that. I am going to bring a history of the day to our debate today because that is important. I hope some Canadians want to see how our country has evolved our remembrance.

Especially in our 150th year, we really have to thank the people who served and sacrificed for us. In our 150 years, 1.5 million Canadians have served our country throughout our history, so debates about Remembrance Day or Armistice Day are important. I would also like to say that nobody has fought for this issue to come to debate in the House of Commons more than Wilma McNeill from Sarnia. I have met Ms. McNeill, I have seen her letters, and I know her advocacy, so I thank her for that. She has been doing this for over 27 years, trying to have all provinces recognize it as a holiday, and I thank her for that advocacy. I certainly agree that more Canadians need to remember; it is how we remember that is important.

It was in this place in 1919, following the Great War, following the rebirth of this Parliament when the buildings were reconstructed and our Peace Tower was a reminder of the sacrifice of the Great War, that a motion was brought by MP Isaac Pedlow in 1919 to recognize Armistice Day. The Great War ended at the 11th hour on the 11th day of the 11th month, and November 11 became significant for the peace that was finally secured after the terrible horrors of the Great War. It was just a motion to acknowledge that, in 1919, and it was two years later that an act came before this House for the first time, the Armistice Day Act. It was still called Armistice Day at that time.

What is interesting is that our country's early marking of this remembrance, Armistice Day, was not on November 11 for pretty much the first decade. It was on the first Monday of the week of November 11. Because at that time Thanksgiving was at the discretion of the federal parliament, it was tied together in a holiday alongside Thanksgiving. However, in the years that followed that, a lot of Great War veterans did not like the fact that those holidays, Thanksgiving and the remembrance of Armistice Day, were attached to each other and there was a floating date. Increasingly, veterans, regardless of what day was recognized as the holiday, were gathering at cenotaphs across the country and gathering here in Parliament, and a decade later at the great War Memorial that was built, to recognize November 11 in moments of silence, on the 11th.

It is interesting that in the years after the Great War all of these veterans organizations, Great War empire veterans, finally gathered together into one national organization, the Royal Canadian Legion, in 1925.

I know many members on both sides of the House are members of that very important service organization. I thank all of the Legion members and the service officers for the critical work they do, and I saw that first-hand as veterans affairs minister. They are the front line serving our veterans, and they have been since 1925.

At their founding convention in Winnipeg, the Great War veterans addressed the issue of remembrance, and they did not want the Monday observation of Armistice Day alongside Thanksgiving to be maintained. The Great War veterans spoke and that led to change.

I want to take this opportunity to remind members of the House of the act to incorporate the Royal Canadian Legion. I would also remind the Minister of Veterans Affairs and his parliamentary secretary, who I know is very passionate about her role. She has children serving in uniform, and is very proud of them, and should be.

However, at that founding convention, veterans put themselves together to help one another and to mark remembrance. The next year, Parliament passed another act in 1926 to incorporate the Royal Canadian Legion. I would refer members to section 4, the purposes and objects of the Legion. I would note that no other service club has its mandate from an act of Parliament, but in section 4(f), Remembrance Day and remembrance was actually given to the Legion, and it reads:

(f) to promote and care for memorials to their valour and sacrifice, to provide suitable burial, to keep an annual memorial day...

There are a number of other purposes and objectives that Canadians and parliamentarians should get to know, because long before there was a Veterans Affairs Canada, there was the Royal Canadian Legion. It was empowered by Parliament to help care for our veterans, and to help preserve their service and sacrifice. Therefore, it was actually the Legion that wanted November 11, and not a floating holiday, to be significant in the history of our nation, and to have the moment of silence surrounding the Armistice at the 11th hour.

From the direction of the Great War veterans, the Royal Canadian Legion, there was finally another motion brought to this chamber by the MP for Comox—Alberni. The motion's intention was to fix November 11 as the permanent Armistice Day. The interesting part of that debate was that most members had heard the Legion loud and clear and said, “November 11 it will be”. However, another member from Vancouver Island, the MP for Nanaimo, added to the debate and to the motion, and said the day should no longer be called Armistice Day, because it is not just marking the Armistice agreement, but that it should be marked as Remembrance Day. The member, C.W. Dickie, at the time said, “We wish to remember and perpetuate” the Armistice, and the peace secured at tremendous sacrifice to Canada.

It was interesting that, in those same years, the formation of what we know as Remembrance Day was just being formed by our country. The Peace Tower and the Book of Remembrance was being put in place just above us on most hallowed ground in this building. Each day a page is turned for the thousands of Canadians who fell in service to our country.

The debate that comes before us today is significant. To echo my friend from Barrie who quoted the executive director of the Royal Canadian Legion, we must respect the Legion's opinion with respect to Remembrance Day, because a previous Parliament empowered the Royal Canadian Legion by an act in 1926 to maintain the memorial to our fallen. The motion in 1931 created that on November 11 and called it Remembrance Day. Therefore, I support Bill C-311 today, and we should adhere to what the Legion, the true guardians of this day, want with respect to how the provinces handle it.

I want to thank the member, I want to thank the Legion, I want to thank Wilma McNeill, and all those Canadians who make sure that we live up to the expression “Lest we Forget”.

[Randy Boissonnault, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage]

Mr. Speaker, it is an honour for me to rise in the House this evening to speak about Bill C-311, an act to amend the Holidays Act (Remembrance Day), introduced by my hon. colleague the member for West Nova. I deeply respect and admire my colleague's dedication to honouring our country and the brave women and men who have and continue to bravely serve it.

As bright red poppies begin to appear on the lapels of Canadians from coast to coast to coast, let us take a moment to pause and reflect on those we will be honouring on Remembrance Day, Canadians like Lieutenant Colonel John McCrae whose iconic poem, In Flanders Fields, has become an enduring symbol of remembrance and hope, and those like 28 year old Master Corporal Byron Garth Greff, who grew up in my hometown of Morinville and tragically lost his life in Afghanistan in 2011.

Remembrance Day is a time for all Canadians to come together to honour Lieutenant Colonel McCrae, Master Corporal Greff, and the tens of thousands of men and women who have served and continue to serve our country with pride. It is with our deep and heartfelt gratitude that we stand in the House today.

Bill C-311 would amend the Holidays Act, which was adopted in 1970 to consolidate the Dominion Day Act, the Armistice Day Act, and the Victoria Day Act.

Canada Day and Victoria Day are designated as legal holidays, whereas Remembrance Day is a holiday.

Bill C-311 seeks to remedy the situation by designating Remembrance Day as a legal holiday, which would provide consistency with the other two days in the Holidays Act, namely Canada Day and Victoria Day.

Previous bills on this issue, for example Bill C-597, which was debated in the last Parliament, raised questions about whether this change would create a paid holiday across Canada. I want to be clear. That would not be the outcome if the law that institutes legal holidays were amended.

In fact, according to constitutional law, legislative measures concerning paid holidays fall under the jurisdiction of Parliament and the provincial and territorial legislatures. Legislative measures concerning provincial and territorial paid holidays are the exclusive jurisdiction of the provinces and territories, as set out in subsection 92(13), property and civil rights, and subsection 92(16), matters of merely local or private nature in the province.

Our government supports making Remembrance Day a legal holiday, which would provide consistency with the other holidays in the Holidays Act and demonstrate our respect and support for our veterans and serving women and men.

Last year, I had the opportunity to attend the Remembrance Day celebration at Edmonton city hall with Mayor Iveson, and I later attended the commissionaires' ceremony at the University of Alberta's Universiade Pavilion. It was an immense privilege for me to see veterans, young people, and members of our community come together to pay tribute to our veterans and soldiers. This is at the heart of what it means to be Canadian. I look forward once again to participating next week in Remembrance Day commemorations in my hometown of Edmonton.

In addition to this change, Bill C-311 also proposes two other changes to the Holidays Act. Our government does not support either of these two changes. Proposed subsection 3(2) proposes, “When November 11 is a Saturday or a Sunday, the following Monday is a legal holiday and shall be kept and observed as such throughout Canada under the name of “Remembrance Day”.” These provisions mean that the official name of Remembrance Day could apply to November 12 or 13, should November 11 fall on a weekend. There is a profound reason why we mark Remembrance Day on November 11, and Remembrance Day must remain on the “eleventh hour of the eleventh day of the eleventh month”. As such, we will support the removal of proposed subsection 3(2).

The purpose of the other change proposed in subclause 3(3) is to legislate the half-masting of the national flag of Canada on Remembrance Day. This provision is unnecessary, because this is already a long-standing tradition that is set out in the Rules for Half-masting the National Flag of Canada. Lowering the Canadian flag to half-mast is a moving part of the act of remembrance and an expression of our collective mourning.

In addition to this important symbol, Canada also marks Remembrance Day with community activities that are held across the country and by the national Remembrance Day ceremony that takes place at the National War Memorial here in Ottawa.

This ceremony is broadcast all across the country and is covered in the media from coast to coast to coast. Veterans from all the wars and peacekeeping operations, many dignitaries, the Canadian Armed Forces, the RCMP, members of the diplomatic corps, and youth representatives all take part in the ceremony.

Thanks to the many ways we express this tradition of remembrance, we will ensure that Canada never forgets.

The Government of Canada reaffirmed our commitment to honouring our veterans at the Remembrance Day ceremony last year. As the Prime Minister said:

We have an obligation to our country’s women and men in uniform, our veterans, and their families. As a government, we will honour this social covenant with the respect and gratitude it deserves.

I call on Canadians to join me in expressing our heartfelt gratitude to all those who have worked and fought so courageously to keep us safe. Today, and every day, we remain committed to ensuring they have nothing less than the care and support of a grateful nation.

As we approach Veterans' Week 2016, which will be observed from coast to coast to coast from November 5 to 11, let us pause to remember and reflect on the ordinary Canadians who became heroes when confronted with extraordinary circumstances, and take time to express our gratitude to those who served our country as well as those who serve in uniform today.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, it is an honour to rise on behalf of the great residents of Barrie—Innisfil as the official opposition critic for veterans affairs.

My colleague from West Nova and I have had many discussions over the course of the last several weeks since I assumed this position. I believe he is very sincere in his attempt to raise the relevance and the prominence of Remembrance Day in this country.

That being said, there are some issues with this bill that I will be outlining throughout the course of my speech.

I want to thank the member for Beauport—Limoilou who was the previous opposition critic for veterans affairs for the work he did, and the work he has helped me with in the transition, as well as the member for Durham, the previous minister of veterans affairs. I really appreciate the fact that they have taken me under their wing, and have guided me on many of the issues with respect to veterans.

I am pleased to speak to Bill C-311, which is an act to amend the Holidays Act for Remembrance Day. I commend the hon. member for West Nova for his work on this bill, and recognize his work on behalf of the men and women of our armed forces.

Veterans week is only days away, and the annual poppy campaign by the Royal Canadian Legion is now underway with thousands of veterans and volunteers around this country sitting in grocery stores, community halls, shopping malls, and so many other places.

Last week, I had the pleasure of supporting the Montgomery Legion, located just blocks from Parliament Hill, to kick off their poppy campaign. Money raised from the sale of poppies stays in the community and supports our vets close to home. That was a very important message that the Montgomery Legion wanted me to bring to the House today.

What veterans are doing to help support each other continues to be amazing. Legion halls provide a community for our veterans to gather, talk, perhaps talk like they are unable to at home, retelling stories of their experiences.

More importantly, veterans organizations provide support, information, and a way through the maze which sometimes can be difficult when seeking help and assistance. I am fully supportive of honouring the blood and treasure of those who came before us with further distinction. However, I have questions about how that would be integrated into provincial laws.

Canada will be commemorating the 97th Remembrance Day, a day that first started as Armistice Day, in honour of the end of the Great War in 1918. At the 11th hour, on the 11th day, of the 11th month, we will remember. Veterans, soldiers, families, Canadians, will gather at local cenotaphs, or war memorials, to honour those who have answered the call of peace.

Canada's National War Memorial was officially unveiled by His Majesty, King George VI. In 1939, over 100,000 people attended that event. Originally, the National War Memorial was dedicated to those who fought in World War I. It was not until 1982, when the monument was re-dedicated with the addition of World War II and Korean vets.

In a moving ceremony in 2000, the remains of an anonymous soldier, who previously lay near Vimy Ridge, was placed in the Tomb of the Unknown Soldier. Today, the Tomb of the Unknown Soldier is where thousands of Canadians leave thank you notes, flowers, and in a moving tribute to the unknown soldier and all soldiers, they leave their poppies on top of the grave.

On Remembrance Day 2014, the monument was once again re-dedicated, when the dates of the South African War and the mission in Afghanistan were added. This year, 77 years later, after it was originally dedicated, Canadians will see a refreshed National War Memorial after months of work on the monument and the grounds it stands on surrounding the great response, the sculpture designed by Vernon March of Farnborough, Kent, England.

About the monument, March wrote, it was “to perpetuate in this bronze group the people of Canada who went Overseas to the Great War, and to represent them, as we of today saw them, as a record for future generations.”

In Bill C-311 the member for West Nova wishes to formally recognize Remembrance Day in Canada. Though each province has selected just how the 11th day of the 11th month is commemorated, Remembrance Day is, in fact, held every year from coast to coast to coast. There is not one province or territory that does not mark this day.

The bill needs further work in committee. I am quite certain the government side will not disagree with that notion. There, in committee, we will be able to hear from stakeholders, including the Royal Canadian Legion, and thoughtfully consider their opinions, as they did on a similar bill, Bill C-597, which was brought to the House in 2014 by MP Dan Harris, who was then the member for Scarborough Southwest.

I am suggesting, as well, that Bill C-311 be heard at the Standing Committee on Veterans Affairs, a committee on which the sponsor of the bill and I sit. We will be able to ask questions and seek further guidance from not only the Legion but other veterans groups.

By going to committee, we can ask other stakeholders about the impacts of the bill. One group might include labour organizations or federally regulated companies. These stakeholders will be part of the ripple effect of the bill by making Bill C-311 a legal holiday, and giving it the same standing as other legal holidays, such as Canada Day. Establishing another legal holiday will affect other legislation, specifically the Canada Labour Code, as the member for West Nova has identified.

In doing research on the bill, I inquired with the Library of Parliament and parliamentary counsel on the legal definitions and differences between a legal holiday and a statutory holiday.

Did members know there are none? In fact, the terms, according to the Library of Parliament, are interchangeable. Therefore, when is a holiday a holiday, or even a legal holiday? These are questions that need to be asked and answered in committee. Our veterans and current forces members, who represent our next generation of veterans, deserve that.

As well, the bill proposes to provide a day off when Remembrance Day falls on a Saturday or Sunday. I have always stood with my fellow Barrie residents on November 11, whether the day fell on any day during a work week, Monday to Friday, or if it was a Saturday or Sunday. I do not differentiate between a week day and the weekend, but again, I would like to hear from Canadians, the Royal Canadian Legion, and affected employees on how they feel about this.

The third part of the bill, that was not in Bill C-597, deals with how the flag is flown on Remembrance Day. We all know that the flag is half-mast on many occasions during Remembrance Day. The rules for this, and many other rules regarding the treatment of our flag, are found in the national flag of Canada etiquette and rules for half-masting the national flag of Canada

While the rules are available to be read, it is unclear if these rules are set in legislation. If there is legislation, it needs to be identified. The current rules have served the flag in Canada well, and if there is a need to set in legislation these rules, again, let us debate them in committee.

In Canada, there are over 100 days that either have national, provincial, local, or religious commemoration. Nationally, there are only four days that are recognized in each province and territory across Canada on the same day. They are New Year's Day, Canada Day, Labour Day, and Christmas Day. Days we would think are national holidays are, in fact, not national holidays. Thanksgiving, Good Friday, and Victoria Day are examples of days we could all rightly assume were marked across the country, but are not universal.

While I did not serve in the Canadian Armed Forces, I did wear a uniform, the uniform of a firefighter. I understand the pride I felt while wearing that uniform, and I also understand the responsibility that came from wearing it.

In my riding of Barrie—Innisfil, a great many men and women living in my riding serve and have served our country. For 100 years, Base Borden has been instrumental in the training and education of thousands of Canadian and foreign soldiers, and my home of Barrie—Innisfil has a deep connection with our service members and their extended military families.

I was honoured to have been present at the Base Borden Legacy Wall unveiling earlier this year. It is a sacred place that gives a nod to the many who trained at Base Borden and served all over the globe.

The Legacy Wall is a special place, and I am so proud of the work by the Vimy Foundation. Base Borden is a special place. Contained within the Legacy Wall is an urn of soil from the battlefield at Vimy Ridge. It will forever be a proud place of honour.

As I close my remarks on Bill C-311, the bill needs to go to committee, because there is much more work to be done on it.

I will close by honouring the men, women, and service animals who have served our country so dutifully. For some, their struggle overseas pale in comparison to what they face when they return home. We owe our veterans so much, and all of us in the House of Commons need to support, and act to ensure that when our soldiers come home, they can be healthy and active in our Canadian society.

For those who serve, we honour them.

Remembrance Day

[Dan Harris, NDP, Scarborough Southwest, ON]

Mr. Speaker, I would like to begin by once again thanking the great people of Scarborough Southwest for their support in 2011. It has been an honour and a privilege to represent them in the House for the past four years.

My bill, Bill C-597, which would make Remembrance Day a legal holiday, is finally back from committee after 205 days and studied by two parliamentary committees. The bill would add exactly one word to the Holidays Act. No new changes were made to the bill during this committee odyssey.

This Friday, my bill will be back before the House. Now we can finish the great work that began last November when the bill passed second reading 258 to 2.

This Friday, let us end the 41st Parliament on a high note and elevate Remembrance Day to the same status as Canada Day and Victoria Day by passing Bill C-597, making Remembrance Day a legal holiday.

Canadian Heritage

[Gord Brown, Conservative, Leeds—Grenville, ON]

Mr. Speaker, I have the honour to present to the House, in both official languages, the 13th report of the Standing Committee on Canadian Heritage in relation to Bill C-597, an act to amend the Holidays Act (Remembrance Day). The committee has studied the bill and has decided to report the bill back to the House with amendments.

[The Deputy Speaker, Joe Comartin]

The House will now proceed to the taking of the deferred recorded division on the motion to concur in the 10th report of the Standing Committee on Canadian Heritage respecting the request for an extension of 30 days to consider Bill C-597, An Act to amend the Holidays Act (Remembrance Day), presented on March 31.

[Dan Harris, NDP, Scarborough Southwest, ON]

Mr. Speaker, Remembrance Day is a chance to honour the sacrifices of all those who have served our great country, but not everyone can attend services. My bill, Bill C-597, would give all Canadians the opportunity to attend Remembrance Day ceremonies.

The bill was supported by all parties, but now Conservatives are using procedural tricks to try to kill this bill. They say they need another month just to study a bill with one clause.

Will Conservatives abandon their delay tactic, respect our veterans, and stop blocking this bill?

[Gord Brown, Conservative, Leeds—Grenville, ON]

Mr. Speaker, I have the honour to present, in both official languages, the 10th report of the Standing Committee on Canadian Heritage respecting the request for an extension of 30 days to consider Bill C-597, An Act to amend the Holidays Act (Remembrance Day).

Remembrance Day

[Dan Harris, NDP, Scarborough Southwest, ON]

Mr. Speaker, I want to thank my fellow MPs for last night's vote, giving all-party support to my bill making Remembrance Day a national holiday.

As a new MP, I was skeptical about what could be accomplished in Ottawa, but the importance of all-party co-operation strengthens my faith in our democracy. It makes me even prouder to represent the people of Scarborough.

From my great-grandfather Harold Riley, who served in both world wars, to family members who have done tours in Afghanistan, Remembrance Day has shaped our family history and always held great personal meaning.

Under my bill, Bill C-597, November 11 would be given the same legal status as Victoria Day and Canada Day, the two legal holidays listed in the Holidays Act. The recognition of this day in law is something that all members of the House can be proud of. Let us all continue to work for the benefit of veterans and their families. Lest we forget.