Arif Virani

[Justice, February 8th, 2019]

Mr. Speaker, at no point has the current Minister of Justice or the former minister of justice been pressured or directed by the Prime Minister or anyone else in the Prime Minister's Office, and let me reiterate that, or anyone else in the Prime Minister's Office, to make any decision on this or any other matter.

The Attorney General of Canada is the chief law officer of the Crown and provides legal advice to the entire Government of Canada. He has the responsibility to act in the public interest and that responsibility is one he takes very seriously.

[Justice, February 8th, 2019]

Mr. Speaker, at no point has the current Minister of Justice or the former minister of justice been directed or pressured by the Prime Minister or the Prime Minister's Office to make any decision on this or any other matter.

The Attorney General of Canada is the chief law officer of the Crown and provides legal advice to the government, with a responsibility to act in the public interest. He takes those responsibilities very seriously.

[Indigenous Languages Act, February 7th, 2019]

Madam Speaker, I appreciate this intervention. It is critically important. We heard that over and over again in the consultations—that what we need is supports in terms of resources and what we need is stable, long-term, predictable funding.

I have a few things to say in response. First, we have set out a funding model in this legislation that could allow for five-year agreements, as opposed to one year, which is usually the norm. Second, in terms of the good faith we have already shown, through the aboriginal languages initiative and other money that was dedicated two years ago, $89.9 million was provided for a three-year spend, just as an interim gesture of good faith to demonstrate to indigenous communities around the country that we believe in support through resources.

The third response is that in this legislation, for what I understand to be the first time ever, we have included a duty on the minister responsible to actively consult with indigenous leaders about the funding. The funding is not a questionable issue and the funding is going to follow. Because consultation is a requirement, indigenous leaders are going to speak to the government about how much funding is required.

[Indigenous Languages Act, February 7th, 2019]

Madam Speaker, I appreciate the intervention and comments made by my colleague opposite. I have two things to say in response.

First of all, we drafted this bill in collaboration with indigenous communities. In other words, we have already consulted them. We reviewed this bill very carefully with several indigenous communities from across Canada, including Inuit, Métis and first nations.

Second, our priority is not to simply introduce this bill, but rather we want to make sure it receives royal assent. We have already fallen too far behind when it comes to indigenous peoples. After 400 years of colonialism, we need to get this done as soon as possible.

[Indigenous Languages Act, February 7th, 2019]

Madam Speaker, I will be splitting my time with the member for Winnipeg North.

Chi-meegwetch, which means “thank you very much”. I start my remarks in Algonquin, cognizant that I speak today in the House of Commons, which is located on unceded Algonquin territory and also cognizant of this occasion.

Today, I rise to speak in support of Bill C-91, the indigenous languages act. This legislation is the first of its kind in Canadian history. It begins to turn the page on 400 years of colonialism in this country and systematic efforts by successive governments to sever the ties of indigenous people to their mother tongues.

I will start with a preliminary comment, which is that all of us fortunate enough to be elected into this place come here with a sense of purpose or an objective in mind. For me, given my background in human rights and constitutional law, I came here wanting to work on issues that relate to fighting for and promoting equality and inclusion. I had in mind certain policy goals that I wanted to pursue. However, I quickly realized that sometimes in this place, we seek out an issue and sometimes an issue seeks us out. I will explain.

In January, 2017, I was asked by the Prime Minister to serve as the parliamentary secretary to the then minister of heritage. I was then asked by the minister to assist her in the co-development of Canada's first-ever indigenous languages act. I will admit to everyone in this chamber that at first I was very puzzled by this request. I am not a linguist nor am I an expert in anything related to indigenous persons. However, in retrospect, that one request actually changed the direction of my parliamentary career. Why? It is because it simply opened my eyes.

On arrival here, because of my legal background, I fancied myself a pretty knowledgeable fellow about most human rights issues. However, the reality was that I actually knew very little about the plight of indigenous persons on this land. Tasked by the minister to engage with indigenous leaders, elders, teachers and experts right across the country about what they would like to see in the new legislation, I actually learned a great deal. Most of all, I learned about how little I actually knew and had been taught about indigenous persons, their histories, traditions, languages, and most importantly, their trauma. I learned about the size, scope and extent of the residential school system, its pernicious impact on indigenous people in Canada and the lasting trauma it created.

Like many in this chamber, I am a parent. Together with my wife, and like many parents in this diverse country, I try to inculcate a sense of culture and tradition in our own little kids, Zakir and Nitin. As a south Asian household, we made efforts to connect our two little boys to the Indian subcontinent by teaching them some language skills, which in our case is Hindi. While the results have not always been perfect, and I will readily admit that the kids still prefer subtitles when they watch Bollywood films, it has not been for a lack of effort on our part.

Our experience is not any different from countless parents of all different backgrounds around this country, such as Greek, Italian, Arab, Somali, Tibetan, Ukrainian and Polish parents. All parents in this country strive to do much the same in this multicultural nation. However, there is one glaring exception to that list, and that is the experience of indigenous parents and their children in this country, because for indigenous people on this land, their efforts for 150 years to impart their language, and through it their culture, to their children were actively obstructed by the federal state.

The Government of Canada made it a policy to remove their children from their homes and put them in schools, sometimes hundreds of kilometres away, where those kids were forced to assimilate. If they dared speak Algonquin, Cree, Ojibwa, Dene or Inuktitut, they were beaten. That is the horrible legacy of the residential school system in this country. It is a system that was constructed to literally “take the Indian out of the child”.

That is where this legislation comes in. The proposed indigenous languages act has, as its express goal, the objective of supporting, promoting and revitalizing indigenous languages in this country. It is an effort to start the long journey toward restoring the vitality of indigenous languages on this land and reversing the ugly legacy of colonialism.

The teaching of language by any parent in this chamber, by settlers or indigenous persons, is always motivated by the same rationale, that in providing children with language, we connect them to who they are, to their culture. We make them knowledgeable of who they are and where they come from, knowing that in doing so we build up their self-esteem and confidence, and empower them for success. It is so intuitive that we take it for granted that by teaching a child about their culture, they will inevitably do better in terms of their education, economically, and even their health.

However, in my time spent working as the parliamentary secretary to the minister of heritage on the development of this very bill, I also came across empirical evidence. It was so startling that it has stayed with me for well over two years.

We have heard many times in the House about the crisis of mental health and in particular the grave concerns about youth suicide in Canada, particularly indigenous youth suicide.

One study put all of this into very sharp focus. Conducted in British Columbia, the analysts determined that indigenous youth in that province with a conversational knowledge of their indigenous language had a suicide rate of 13 per 100,000, a number well below the provincial average, which includes non-indigenous youth.

However, when the researchers removed indigenous language knowledge from the analysis, the youth suicide rate jumped sixfold, to 96 per 100,000, a number exponentially higher than the provincial average. This amply demonstrates that language knowledge not only connects indigenous youth to their culture but can actually help save lives.

For parliamentarians, there can be no stronger impetus than this for getting on with the critical work of passing this bill into law, yet there are other imperatives that inform this proposed legislation.

For one thing, there are the sentiments expressed to me by my constituents and by people I heard from right across the country. People in Parkdale—High Park told me they want reconciliation not to be simply a symbolic term, but rather one that materializes in concrete legislative action.

As well, there is the sheer weight of the statistics. Some 90 different indigenous languages are spoken in this country, and shockingly, not a single one of them is considered safe by UNESCO. Fully three-quarters of them are critically endangered. In addition, there was a near 50% drop between 1996 and 2011 in the number of indigenous persons in this country who reported knowledge of an indigenous mother tongue. This clearly illustrates the threat to the survival of many languages posed by an aging population of fluent elders.

I can also speak directly to what I heard when I was given the opportunity as parliamentary secretary to engage with indigenous communities across the country. From Halifax to Victoria to the Northwest Territories, what I heard was very similar. It was the sense of rupture, the sense of disconnection from one's culture experienced by so many indigenous persons victimized by the residential school system.

I recall very vividly a meeting in Saskatchewan during which an indigenous man, who may have been about 50 years old, told the group about being forcibly taken from his family and his community at the age of five, and how he was prohibited from speaking his mother tongue. When I asked him what success would look like a few years after legislation came into force, he said to me simply, “Success would be being able to enter the sweat lodge and actually understand the words being spoken by the elders.”

Make no mistake, it is indigenous persons that are the focus of this law. Much discussion has taken place in Canada and in this chamber about raising the awareness of indigenous languages among settler populations in this country through the passage of this bill. While that would be commendable, it remains a secondary, corollary aspect of this proposed legislation. The goal of this bill is not, for example, the promotion of Ojibwa fluency among non-indigenous folks in my riding or in any other riding in this country; the goal of this legislation is and has to be restoring language fluency and capacity among indigenous people in Canada so that indigenous people, by reclaiming their language, can reclaim their culture and overcome that sense of rupture I spoke about, the rupture caused by the official policy of assimilation that characterized the residential school system for 150 years.

This bill also relates to the TRC's calls to action, in particular calls 13, 14 and 15, which call for, among other things, an acknowledgement “that Aboriginal rights include Aboriginal language rights.” That is precisely what proposed section 6 of this bill does.

The focus of this bill is also on fulfilling the promise of UNDRIP, a document we as a government have committed to implementing. The UN declaration speaks to the right of self-determination of indigenous peoples, which includes “the right to revitalize, use, develop and transmit to future generations their histories, languages [and] oral traditions”. That statement is entrenched in the preamble to this proposed legislation.

This is precisely why we took the step of co-developing this proposed legislation with indigenous leaders and national indigenous organizations. The patriarchal days of the federal government telling indigenous people what is best for them are thankfully gone. It is indigenous people who know what is best for indigenous communities, and in this International Year of Indigenous Languages, it is high time we as parliamentarians all started listening to them.

I will conclude where I began. The protection and promotion of indigenous languages is not something that I ever contemplated working on, but it is an issue that found me. I am tremendously grateful for that, because on this journey I have learned that while there are many social justice causes worthy of pursuit in this country, all of them pale in comparison to the obligation we have as parliamentarians to redress the historical injustices perpetuated against indigenous persons on this land over the last 400 years of colonialism. The indigenous languages act is one small but very significant step on the path to reconciliation, and it deserves all of our support.

[Divorce Act, February 6th, 2019]

Mr. Speaker, first, I would like to congratulate my friend on the other side for his election and for his recent membership on the justice committee.

Shared parenting is an important issue. It came up in the time allocation debate. Shared parenting is not entrenched in law right now. We are continuing to not apply shared parenting as a presumption in law with these amendments. What we are doing is focusing on the best interests of the child on a case-by-case basis. That is the default proposition. That requires a unique analysis in each instance. It is very important to understand that and to understand that maximum contact with parents is entrenched in the legislation, but always with the qualification that it be in the best interest of a child.

[Divorce Act, February 6th, 2019]

Mr. Speaker, I thank the member for Mount Royal for his contributions and for this important point. Both he and the member for Ottawa—Vanier were strong, solid and consistent in their support on this important issue.

This issue should not be underestimated by the House. Protection of official language minority rights is a critical priority for this government and should be for all governments in Canada. Unfortunately, we have not seen that. Most recently, we have had threats to official language minority protection in my province of Ontario.

What we stand for on this side of the House and in this Parliament, thankfully unanimously, is that the protection of official language minorities is not a partisan issue, and it should never be a partisan issue.

Making it possible for people to get a divorce in French in British Columbia or in English in Montreal is a very good example of that priority in action.

[Divorce Act, February 6th, 2019]

Mr. Speaker, I thank the official opposition critic for his contributions to the bill. It is an important point about relocation. I will underscore two points. One, as I said in comments, relocation is one of the most litigated areas in the entire family justice domain. Therefore, the first thing we are trying to do is to reduce the amount of litigation and reliance upon lawyers who, yes, exist in Edmonton and Toronto but not in other parts of the country.

The second point about the relocation is about just trying to strike the right balance. If we proceed with a notice requirement that is too prolonged, it will jeopardize the ability of the relocating parent to successfully relocate, should that be determined to be in the best interests of the child and in the context of that family's situation. It is not a perfect solution, but it is an attempt to strike a balance to accommodate both the needs and the interests of each of the parents in a divorce situation.

[Divorce Act, February 6th, 2019]

Mr. Speaker, I will be splitting my time with the member for Mount Royal.

I am very grateful for the opportunity to speak to Bill C-78. I will use most of my time to address the important amendments the Standing Committee on Justice and Human Rights have made to this important bill. I was proud to work with the committee to bring forward these changes, which reflect witness testimony and would significantly improve access to the Canadian family justice system.

Changes to federal family laws are long overdue. The changes we are bringing forward are substantial. They would better address the challenging issues that families may face, such as family violence and disputes over relocation. They would improve access to the Canadian family justice system. Bill C-78 already went a long way toward achieving these goals and the work of the justice committee took the bill even further.

I am fortunate to represent a riding like Parkdale—High Park in this chamber, where the constituents are informed and engaged, and I am privileged to bring their concerns to this chamber every day. My constituents in Parkdale—High Park have spoken to me repeatedly about the importance of reconciling the need for a strong and fair justice system with their desire to be compassionate and understanding toward the plight of single parents and vulnerable children. This bill is precisely that middle ground.

I want to thank the many witnesses who submitted briefs or shared their thoughts on this bill in person. The committee listened closely to all the different points of view raised by members of the public and family justice system professionals in response to Bill C-78.

Committee members gathered important information from over 50 witnesses. The committee also received over 50 briefs representing a broad range of opinions and points of view. It reviewed the recommendations carefully, and many of them resulted in amendments to Bill C-78.

Relocation, particularly moving with a child after separation or divorce, is one of the most highly litigated areas of family law. There is next to no guidance on this issue in the current Divorce Act.

Bill C-78 would introduce a relocation framework to ensure that children come first and to encourage out-of-court dispute resolution. Some witnesses brought forward suggestions to improve access to justice in relocation, which is particularly relevant for northern remote communities and unrepresented litigants.

The Canadian Bar Association and the Family Law Association of Nunavut wisely recommended the use of a simplified form rather than court applications to facilitate access to justice and reduce the need to get the courts involved.

The committee addressed this concern and developed an innovative solution promoting conflict resolution and access to justice. Specifically, it passed an amendment to give non-relocating parents the option of indicating their opposition to a proposed relocation through a form set out in the regulations. This will save the responding parent time and money.

The committee also amended the bill to require that parties seeking to relocate use a form to provide notice. Requiring that notice be provided through a form will promote clarity by prompting parents to provide all necessary information in a consistent manner.

We anticipate that these measures will relieve the administrative burden on the non-relocating parent, while still helping to ensure that courts only hear cases in which there is a genuine disagreement between the parties.

I believe that all members of the House support efforts in the bill to improve protections for children and families who have experienced family violence. For the very first time in federal law, Bill C-78 includes a broad, evidence-based definition of family violence and guidance for courts making parenting orders in the context of family violence.

Bill C-78 also stipulates that courts will be required to take family violence into account when determining the shared parenting arrangement that will be in the best interest of the child.

Witnesses raised concerns that, when people fleeing violence want to relocate, it can be dangerous for them to inform the other parties of their intention to apply for an exemption concerning the notice requirements.

In response to this particular concern, Bill C-78 was amended to explicitly provide that parties may apply to a court to waive or change relocation notice requirements without notice to other parties. Courts could then decide whether or how other parties should receive notice, without risking the safety of family members. People who have experienced family violence and face ongoing risk must be able to relocate without compromising their safety. However, notice is a fundamental principle of the legal system, so courts will exercise this power only where necessary.

Now I want to turn to the important issue of poverty reduction. I said I would focus this speech on the work of the justice committee, but I must take a minute to raise another issue of importance to me and I believe to many Canadians. That is the feminization of poverty and how the bill would help address it.

Children and families going through a separation or divorce are more vulnerable to poverty, especially those living in single-parent families, which are often led by mothers.

Unfortunately, although parents are required to provide accurate and up-to-date information on their income when the child support amounts are established, many parents do not comply. In 96% of cases where child support payments are in arrears, women are the ones owed money.

Obtaining fair child support amounts is key to reducing the risk of child poverty. Children do better when a fair and accurate amount of support is set and paid for them promptly after separation or divorce.

Bill C-78 would provide for various measures to ensure that child support obligations are met, which would address the pressing need of eliminating poverty in families going through a separation or divorce. The bill would allow for information on a parent's income to be shared with the court and provincial services.

With respect to official languages, the family justice system must adapt to the changing needs of Canadian families. This includes the needs of Canadians living outside Quebec whose first language is French, as well as those living in Quebec who have English as their first official language.

Consequently, the committee adopted an important amendment. Bill C-78 will now explicitly recognize litigants' right to use the official language of their choice in divorce proceedings before the lower courts. The parties will be able to give evidence, make submissions and apply for an order in the language of their choice. They can also be heard by a judge who speaks their official language.

This important change in the family justice system will provide the parties with the same language guarantees currently provided by the criminal justice system. This will help English-language and French-language minority communities flourish in Canada. It is very important to point this out, in light of the current Ontario government's threats against its francophone community.

I would like to recognize the tireless efforts of my colleagues, specifically the member for Mount Royal and the member for Ottawa—Vanier, to ensure that this becomes a reality.

In conclusion, I would like to once again recognize the work of the entire Standing Committee on Justice and Human Rights, and of course the invaluable contributions of family law experts and stakeholders from across Canada. They have made an impressive bill even stronger and more responsive to the needs of all Canadian families.

The residents in my riding of Parkdale—High Park have said that one of the many ways to modernize the justice system in Canada is by addressing the shortfalls of our family justice system, and this bill is a comprehensive step toward realizing that important goal.

[The Period Purse, February 6th, 2019]

Mr. Speaker, I rise today to salute Jana Girdauskas and her amazing initiative, The Period Purse. Encountering a homeless woman in Toronto, Jana was struck by a simple but critical question: What does that individual do each month during her menstrual cycle? Jana quickly learned that the needs are vast, from women in the shelter system to low-income students and indigenous girls who stay home from school simply because they cannot afford tampons or pads.

Jana, to her credit, decided to act. She founded The Period Purse to provide female hygiene products for free to homeless and low-income women. What started as a small idea run from the porch of Jana's home, in my riding of Parkdale—High Park, has now blossomed into a national operation with chapters in nine different cities. To date, Jana's team has delivered over 7,800 period purses right across Canada.

On her second anniversary, I simply want to thank Jana for shedding light on such an important issue and for educating me, and other men like me, about this critical component of women's fight for equality.