Senator Rosemary Moodie

Moved second reading of Bill S-210, An Act to establish the Office of the Commissioner for Children and Youth in Canada.

She said: Honourable senators, it is a great honour for me to speak to you today on second reading as sponsor of Bill S-210, An Act to establish the Office of the Commissioner for Children and Youth in Canada.

This bill was first tabled in June of this year, and I now have the honour of re-tabling this bill. Sometimes June feels a lifetime away, and many things have changed in the past few months, so today I will speak to what we now know about the current needs of children and why this bill is more relevant and needed more than ever before.

After almost 30 years since the ratification of the Convention on the Rights of the Child, we still do not have a commissioner for children and youth. We are failing in our commitment to act on behalf of our children. Today Canadian children remain in a state of crisis, where they have been for decades. More than ever there is a need for immediate action now, and that is why we must make this bill a priority.

So what is the situation for children today, colleagues? I have new data to share that tells a sad story of failed leadership for Canada as a country. Suicides are now the leading cause of death in children aged 10 to 14, while for youth aged 15 to 17 it is the second-highest cause of death. Still thousands of children in Canada die every year due to preventable injuries, and accidents remain the cause of death for many.

New data reveals that between 2017 and 2018, family violence against children and youth has increased by 7%, while 1 in 3 children are victims of abuse, 1 in 5 children live in poverty, and 1 in 10 children experience food insecurity. In 2019, the Assembly of First Nations found that 47% of First Nations children living on reserve lived in poverty.

When it comes to the health and well-being of children, our global ranking has slipped, and we have recent data to show that. Over 25% of our kids are obese or overweight. Concerns for mental health have increased considerably in the last decade.

According to UNICEF’s child well-being report card 2020, just released in September, Canada ranks 30 out of 38 OECD countries on measures of children’s overall well-being.

There are many worrying signs, including the rising rate of child mortality. Out of 38 countries, we rank 28.

There are also many worrying signs we see today; that our infants are dying at a rate that is among the highest in OECD countries, with Nunavut’s rate sitting at three times the national average. This report highlights the link between child mortality and national income inequality and child poverty.

UNICEF reports:

In Canada, child mortality is an important marker of extreme poverty and continuing social exclusion experienced by First Nations and Black populations. For instance, infant mortality is 3.9 times higher in areas with a higher concentration of Inuit people and 2.3 times higher in areas with more First Nations people.

Everything that we have heard today is happening in our communities, in our neighborhoods and before our eyes, and we must ask ourselves, “What will we do in response?”

More disturbing than the failure that these statistics reveal, colleagues, is our inaction as parliamentarians and as a country. We know that children are the most vulnerable among us. They depend on their parents, their guardians, teachers, coaches and on members of their community to be their voice and to provide them with protection and care.

We are talking about our children, Canada’s children. And we can no longer ignore this crisis.

I would say to you that regardless of where they are born, their ethnicity, race, sexual orientation, gender, or level of physical or mental ability, children and youth are our most precious resource. Each and every one of them are deserving of every opportunity to grow, thrive and succeed.

Honourable senators, we have an obligation to do everything we can to make Canada the best place to be a kid. And we know this is unfinished business; we have been discussing and debating this topic of the child commissioner in Canada for far too long. By the way, we have also shirked our obligation under the Convention on the Rights of the Child. The time has come to change all of this.

Back in 1979, the Honourable Senator Landon Pearson committed her career to advocating for the rights of Canadian children. Canada was known then as a leader and a champion for children’s rights and well-being. We were swift to adopt the Convention on the Rights of the Child when it was concluded, but despite receiving the advice of the UN to establish the role of a federal commissioner, we have failed to do so, and we have failed to fully implement the convention.

Since these recommendations were first made as far back as 25 years ago, the situation for our children here in Canada has only gotten worse. By failing to address these issues, we have left our children vulnerable. When COVID-19 hit earlier this year, we were not equipped to protect them.

For many years, there have been some really strong advocates for children within Canada. I mentioned in my last speech that three of our colleagues here within the Senate, Senators Lovelace Nicholas, Jaffer and Munson, have worked tirelessly to recommend and advance action in this area. Some 13 years ago, their work as members of the Standing Senate Committee on Human Rights, led by Senator Andreychuk, studied children’s rights and published the Senate report Children: The Silenced Citizens, in which one of the primary recommendations then, 13 years ago, was that a federal commissioner for children and youth be established. The identified purpose then for such an office was to promote responsible and good governance, and to provide a seamless service delivery to children.

Thirteen years ago, we had known here in the Senate what we needed to do. Now is the time for us to act.

Notwithstanding our own clarity here in the Senate, in the other place there has also been a significant non-partisan recognition of the need for a commissioner for children and youth where many have invested efforts to address this needed legislation. Back as early as 2009 and as recently as 2019, current Minister Marc Garneau, former Minister Irwin Cotler, former Minister Dr. Kellie Leitch and MP Anne Minh-Thu Quach introduced similar bills.

As recently as two weeks ago, I spoke to some of these individuals, and I’m happy to say that Dr. Leitch, former Minister Cotler, and Senators Pearson and Andreychuk are still completely supportive of the establishment of the office of the commissioner for children and youth.

Outside of the Parliament, we have multiple supporters. The Canadian Coalition for the Rights of Children in 1991 pressed for the establishment of a commissioner. Today, UNICEF Canada, the Canadian Council of Child and Youth Advocates, the Canadian Bar Association, the National Association of Friendship Centres, Children’s Healthcare Canada, the Boys and Girls Club of Canada and many others support the establishment of such a commissioner.

Another significant development occurred in 2019 when the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls Call for Justice 12.9 called for a commissioner in every province and territory, and at the federal level.

Also in March 2019, the Canadian Coalition of Youth Advocates — the organization that unites provincial and territorial child and youth advocates across Canada — also called for a commissioner of children and youth. To quote from their call:

For years, we have called for the creation of an independent parliamentary officer, with a focus on Indigenous children, young people migrating to Canada, and those involved with youth justice, health, and mental health systems. There are still too many children who fall outside of our legislated mandates as they rely on federally-funded services. The lack of rights-based resources for these young people is glaring. . . .

UNICEF, in a companion to their most recent report card, UNICEF Report Card 16, reported that the commissioner is a game-changer for youth. In the report, entitled Worlds Apart: Canadian Companion to UNICEF Report Card 16, they write:

Children perceive well-being differently than adults . . . . The voices of those furthest from opportunity must be included . . . . Children and youth have shown over recent months that they intend to be included in discussions that will shape their futures. For adults and policy-makers, it is time to listen, learn and act. A National Commissioner for Children and Youth and a lower voting age will help us do that.

Children First Canada, in their report Raising Canada 2020, stated:

This independent office of government plays a crucial role in advocating for children and youth, ensuring that they are prioritized in the development of federal legislation, directly consulting and engaging with children, and raising the profile of children in Canada. Now more than ever, a Commissioner for Children and Youth is needed to promote the rights of young people and hold government accountable.

I would like to highlight the words of a key young supporter, a young woman named Sarah Knockwood, one of the Mi’kmaq Confederacy of PEI and the founder of the PEI Children and Youth Table. Here are some excerpts from a letter that Sarah wrote to me:

Greetings! My name is Sarah Knockwood. I wanted to tell you more about who I am and my views on the Bill. . . .

I would love for a National Commissioner to be established because they would pressure the government. For it to be an Indigenous person would be really great too. . . . It is very important for me because it means that communities can grow and become better. It means we can give hope to the children.

Sarah goes on to say:

What is happening out there is not right. As an Indigenous child I can tell you that the children are losing hope. . .

We have had enough and are willing to fight for our people. The problem is that there are 94 calls to action just sitting there. There is nothing being done. A lot of the laws that affect us are federal and the provincial advocates can’t do anything about it. . .

I am optimistic. I know that it can be done. . . . The help of a national commissioner would be an amazing step to healing for everyone. Not just Indigenous problems but others as well. . .

I am Sarah Knockwood. I am a 15 year old trying to get by in school . . . I only joined the PEI Children and Youth Table this year when Covid-19 shut down our schools . . .

Colleagues, I was immensely touched by these words, because growing up in the best of circumstances can be a challenge, but for too many Canadian children, growing up is a struggle, fight for survival and a fight for hope.

We have a role to ensure the well-being of our children and to ensure that our children thrive, and we must play that role. That includes welcoming voices like Sarah’s into our democracy and welcoming greater accountability. Our children have a right to be heard and we have a responsibility to support that right.

In 2021, we are about to face the next review by the United Nations on our implementation of the Convention on the Rights of the Child. Many Canadian organizations have shared their reports with us. All of them seem to suggest and have one common recommendation: The establishment of a federal commissioner for children and youth. It is a central part of all their recommendations.

For Canada to fully implement the Convention on the Rights of the Child and play its role as an international human rights leader, we must do this; we must establish an independent voice for children and youth. Yes, honourable senators, this is unfinished business. As Marc Garneau said in 2012, “There is no room for partisanship today, especially when we are talking about something as important as our children.”

Today I propose that the commissioner for children and youth should be our first step in addressing the crisis facing children, and here are my reasons: First, Canadians have spoken. They want a commissioner for children and youth. Back in November 2019, a poll commissioned by Children’s Healthcare Canada found that 73% of Canadians support the creation of a federal commissioner for children and youth. There is a broad belief in the public that the current system is not serving our children well, nor is it providing them a voice. The establishment of a federal commissioner for children and youth is strongly supported by the Canadian public and is seen to be urgently needed.

A second reason is that the provinces want this. We have received strong support from the Canadian Council of Child and Youth Advocates, a council composed of advocates and ombudspersons from every province and territory that have such an office. They view a commissioner as a partner at the federal level that would increase advocacy for children and youth. We have often been told that many issues facing children and youth deserve the attention of the federal authorities, but that there is no clear path or suitable partner for the provincial and territorial advocates to reach out to. Who could fill that gap by facilitating communications with Ottawa and advocating for issues that may be missed by the government, and by supporting the sharing of best practices throughout the country? No one better than a federal commissioner.

One of the troubling realities for Canadian children is that their quality of life and well-being is very dependent on where they live. The Canadian Council of Child and Youth Advocates view the federal commissioner as key to dealing with these inequities. Among the many lessons of COVID that we have learned is how far we can go together. Collaboration is key, and the provincial and territorial advocates understand and value this. We have many wonderful organizations here in Canada that have been champions for children’s rights, but they also acknowledge that they can’t provide the same level of influence and impact as could be provided by an independent officer of Parliament.

So why do we need advocacy? Colleagues, we have heard that many Canadians have been unaware of the crisis facing our children, although the pandemic has recently made it more obvious to many of us. It is clear now more than ever that Canadian children need an advocate who would bring focus to the issues faced by our children; someone who would amplify their voices on these issues; an advocate who could provide ongoing critical analysis of government action and evaluate the impact of policy on the everyday lives of Canadian children; an advocate who could allow us to understand where government policy has failed, has not gone far enough or, in some cases, has caused harm. From climate change to food insecurity to poverty, mental and physical health to growing up in a digital age, children face many challenges that can only be understood through strong and consistent advocacy and the development of sound policy informed by applying feedback and evidence obtained through broad consultation and investigation. This is something that could be carried out by the commissioner for children and youth.

An important part of the commissioner’s advocacy would be to directly engage with children and youth so that we can hear directly from them on what they are doing and going through to provide them with the means to raise their own solutions — children’s solutions to children’s problems. We should be listening, and they should be considered and acted upon. Where Canadians are blinded to the crisis that our children are living, the advocacy of the commissioner would shift the national consciousness towards raising awareness and would make us a more child friendly country.

Why the need for accountability? Governments make promises that they do not enact and create policies that fall short of addressing the need for the policy. But because children lack a voice, there is no political consequence. Governments aren’t held to account in the application of important principles such as the Convention on the Rights of the Child and the need to ensure the best interests of children in line with Jordan’s Principle and other such policies.

Honourable senators, there is a need for far greater accountability. Accountability is key to ensuring governments act in the best interests of children, and that our policies reflect their voices and needs.

Accountability arises from transparency. A commissioner would allow us to truly understand the impact of government actions, even when the government of the day dodges its responsibility to be transparent. It would allow us to evaluate policies on the basis of outcomes and demand better from those in power. Accountability arises from independence. Canadians must be confident that a commissioner is loyal to Canadian children, rather than to the government of the day. Accountability also means seeking and amplifying the voices of our children.

If politicians become accountable to children, real change can occur. Lowering the voting age will help to accomplish this.

In their evaluation of Canada’s performance in assuring the well-being of our children when compared to 38 OECD countries, UNICEF’s Report Card shows us that despite a rising trend of economic wealth in Canada, many aspects of children’s lives are not improving. In fact, Canada is among a handful of rich countries with the best conditions for growing up, but the poorest outcomes for children. That is because Canada’s public policies are not translating our national wealth into the best possible conditions for growing up. Canada spends less supporting good childhoods than most of our peer countries. Incremental advancements in public policies sustain wide gaps between children in many aspects of their lives and yield incremental advances for children overall.

Yes, we have made some progress towards improving the well-being of our children, although the evidence shows that so much more can and should be done. Efforts to reduce child poverty through the Canada Child Benefit and the National Advisory Council on Poverty have been somewhat successful, but we have also seen many steps backwards. In Ontario, we lost our leader in child advocacy.

Despite the urgency facing the country to address this pressing crisis, our reaction is lethargic at best. Real solutions have been put forward, and these languish awaiting government attention. Take, for example, the National Autism Strategy that our colleague Senator Munson has championed for many years. Or policies around advertising unhealthy foods to children, championed by our former colleague Senator Greene Raine.

And even now, in the midst of one of the greatest crises of our time, we have yet to consider the impact of the consequences of this pandemic on those who will have to live with it for the longest; our children.

There is an economic argument for investing in our children, but I fear that we will fail our children in this moment, and this pandemic will cause irreparable damage. As we look towards investing in our society to bring back industries and jobs, I fear we will not invest in children and families at a time when they need it most. Because, you see, our track record in this area is not good. Canada ranks poorly when it comes to investment in children. We invested 1.68% of our GDP in our children, compared to the OECD average of 2.38%, while the top-performing countries invest over 3%.

Our lack of investment in children has serious consequences. Take, for example, the Canada Child Benefit. We know the Canada Child Benefit has had some success, including helping a quarter of a million families rise out of poverty. It has contributed to economic growth, accounting for 2% of our GDP in the 2017-18 fiscal year — yet it does not go far enough. Compared to our OECD peers, we are thirty-third in enrolment in early childhood education, for example, and we rank in the top 10 of the nations with the most expensive child care.

So while over half a million children have risen out of poverty, we have not done much to improve them any further. And to be clear, many children remain in poverty. For those who have risen above the poverty line, we would do well to remember there is a big difference between being just above the poverty line and living comfortably.

Here in Canada, we have seen an increase in income inequality. Where children are concerned, there is an abundance of evidence that demonstrates that income inequality is an indicator of poor outcomes for children. It’s also a good indicator of the well-being of children. We must recognize the correlation of increasing income inequality and worsening child mortality rates.

The threat of income inequality is the threat that many Canadian children will be left behind. This is a threat that is especially true for Black children, Indigenous children and children with disabilities. The potential and increasing likely reality of a K-shaped recovery is more than going to make life difficult for many children; for some it may mean death.

We are a vast and diverse country. Canadians from coast to coast have different needs but deserve the same quality of services, care and help from their government. This is especially true for our children. But as we have seen, lukewarm investments lead to poor results. Children’s well-being is an economic issue.

Children know when there is not a whole lot of food in the house or when the bills barely got paid that month. They feel the stress of their parents and sometimes even suffer the consequences of increased abuse. At an age when children should be imagining, playing and being creative and learning, they are having to deal with harsh realities for which they are not equipped.

This impact is greater than meets the eye. When a child is burdened with the weight of poverty and hunger, they can’t look up to the stars and wonder. Poverty snuffs out the sparks of creativity, imagination, curiosity, ingenuity, innovation and passion that we find in our society. By not investing in our children, we deprive our future of talented, intelligent and world-changing adults. Why would we do this to ourselves?

A commissioner for children and youth has the potential to light a fire under the feet of our policy-makers, our decision makers and our leaders, to build urgency, to build a greater level of accountability and to force government and parliamentarians to accept nothing less than real and effective action. This means putting money where it matters most and not cheaping out on our children.

Children deserve more than incomplete and fragmented, ineffective solutions. They deserve to be considered as a priority, not as an afterthought. They deserve a champion who will collaborate to build, based on long-term vision and strategy.

As Canadians grapple with a new reality that is rapidly changing our lives, the COVID-19 pandemic has brought the issues facing our children and youth into very sharp focus. It has unmasked the unique ways that children are made vulnerable and the urgent need to immediately put in place the resources, supports and protections that have been missing for all Canadian children. It has deepened the crisis they face. It has made things worse for our kids. We have seen them suffer in silence. Food insecurity, domestic abuse, interruptions in their daily routines and education, delays in receiving medical care and worsening immunization rates are some of the more severe issues we are seeing.

We have been quick to push towards distance education without really considering the proportion of children without access to reliable internet, to the right devices or to the support of parents to take over the critical role of home-schooling.

When we contemplated reopening, yes, we focused on returning to golf, to bars and to clubs. Schools and daycares were a secondary priority for us. We focused on the economy and return to work, and we just assumed that the issues that affected our children would simply melt away.

We did not consider the lasting effects on our children — effects that will linger long after the initial damage has been done. We just assumed our kids would be okay, but they are not. We have failed, not only in some of the actions we took, but because we did not give our children the consideration they truly deserve.

We need a commissioner for times like this. As Canada becomes more prosperous, the well-being of our children is falling behind. As a country, we have failed to invest in families and children, neither consistently nor enough. Children do not just follow along; they need our targeted and our focused attention.

An independent officer of Parliament will hold Parliament accountable to its obligations for the well-being of children and youth, and ensure that their rights are respected.

The commissioner would collaborate with all levels of government and with communities to work on behalf of children and youth, to advocate for their needs and to understand and address the issues they face, to support and expand the work of provincial partners and to bring a national focus on issues that are affecting the provinces, territories and nations.

One of the most important aspects of the role of the commissioner of children and youth will be working — in collaboration and on request — to engage with First Nations, Métis and Inuit peoples.

The commissioner would partner with communities to address the failure of the federal government to meet its specific obligations under the Constitution towards Indigenous children and youth. The commissioner would help address some of the recommendations for the Truth and Reconciliation Commission and calls for justice from the National Inquiry into Missing and Murdered Indigenous Women and Girls and support the implementation of Bill C-92, applying pressure to governments when needed to move matters along.

In this role, the commissioner could be a bridge to the federal government specifically for children’s issues when called upon and invited to provide support by Indigenous peoples of Canada.

The commissioner will exercise oversight on government legislation, examine every piece of legislation and every change in regulation and every exercise of a policy instrument and comment and report on the impacts of specific actions legislatively on Canadian children.

The commissioner would collaborate with the public service, be a resource for our committees and advise parliamentarians, providing timely information and current evidence on the state of Canadian children. The commissioner would promote the use of good data and evidence-based decision-making in the development of legislation and policy.

The commissioner will elevate the voice of children and youth in the political discourse and draw out the concerns for young Canadians through online and in-person engagement, going to children to hear their voices and meeting with them in difficult circumstances in places such as juvenile detention centres and other institutions.

Children deserve to be heard like any other Canadian. We must listen, hear their problems, hear their own solutions to their problems and we must create a safe place for them to share their concerns.

The commissioner for children and youth will have the responsibility of educating all children and parents, as well as all of Canada, on the rights of children. So we need an independent officer of parliament. The commissioner must have the capacity to function independently and to use this independence to achieve meaningful advocacy. The commissioner should be able to look past the politics of the day to focus on the long-term needs of children and to bring them to the attention of Parliament. The commissioner’s work should be driven by evidence. All Canadians must be able to trust the commissioner will not be influenced by the government of the day.

Bill S-210 will guide the interaction of the office of the commissioner with children and communities of all backgrounds. The commissioner will acknowledge and respect Indigenous sovereignty and be invited to assist and support when called upon. An effective commissioner will be knowledgeable about these communities and be sensitive to their culture and practices and will assist the communities in the preservation of the culture and of their language.

And we see an expectation, as does Sarah Knockwood, that there will be a reflection in the structure and the staffing of the office that will reflect the diversity of Canadian communities and that senior roles will be filled by folks who understand and have lived experience of the reality of vulnerable Canadians.

Sarah recommends an Indigenous commissioner as the first appointee, and I would back her on that. That sounds like a good idea to me, too.

The commissioner would be an important voice, and a long-lasting partner to strengthen relationships across Canada. So, as we look together to build a better society suited for all children, this is why I chose to introduce this bill and to make this speech today.

Senators, when we gathered in June, I stated this ought to be viewed as emergency legislation. Today, six months later, after the beginning of the pandemic, we continue to owe our children our obligation, our urgency and our action. Our obligation is to recognize the power and the responsibility that we as parliamentarians hold to address these problems.

Together we must realize the urgency of the problems that Canadian children and youth face. And most importantly, together we must move to action.

Today in Canada, we have an opportunity to make sure that every child — every Canadian child — has an opportunity to thrive in this land.

As we move forward in consideration of this bill, colleagues, I look forward to the dialogue that we will have, to hearing your comments and to making improvements to our bill. I encourage you to vote for this bill and to support its passage.

Let us give children and youth the voice they deserve and need. Let us show communities that we care enough to give them the resources they ask for. Let us show Indigenous Canadians that we respect them as nations and that we are serious about working towards repairing the despair and the damage of colonialism.

Let us show the world that we are serious about our human rights obligations. Let us show Canadians that in a true democracy we are not afraid of accountability, and we welcome honest scrutiny. Let us show children and youth that here in Ottawa there are people who care, listen and are ready to do what we have known for a long time we need to do. The cost of failure is too high. We must not lose to inaction.

As we sit here in the chamber, we must acknowledge that Canada is not where it needs to be. We are in a land full of potential and opportunity, but the pandemic has helped to shatter what had already been broken.

Will we pick up the pieces, build something better and be more inclusive for our children? That’s the question I pose to you today, colleagues. Thank you. I’m happy to answer questions.

Thank you, Senator Patterson, for the question. Yes, we have been working hard to approach a number of individuals on the side of the House of Commons, the ministers. We are in good discussion.

The path that we have chosen to take is one where we are using a coming-into-force clause that allows us to pass the bill through both chambers without needing a Royal Recommendation initially. But we recognize that being able to integrate our bill into another bill that would be funded would be one viable and strong pathway, and we are also looking for other ways to get individuals on the side of the House of Commons to pick up our bill.