Madam Speaker, as Co-Chairman of the US Commission on Security and Cooperation in Europe (the Helsinki Commission), and a former President of the OSCE Parliamentary Assembly, it is bittersweet that I rise today to honor the retirement of…
Madam Speaker, as Co-Chairman of the US Commission on Security and Cooperation in Europe (the Helsinki Commission), and a former President of the OSCE Parliamentary Assembly, it is bittersweet that I rise today to honor the retirement of one of this nation's closest friends north of our border. Senator Jerahmiel ``Jerry'' Grafstein of Canada is well known to many in this House. To me, he has been a mentor, friend, and colleague for the past 15 years or so. Senator Grafstein ends his service to the Canadian Senate this month. The distinguished Chairman of the Helsinki Commission, my very good friend Ben Cardin of Maryland, recently gave an eloquent tribute on the Senate floor to Jerry Grafstein. Rather than try to be redundant to what Chairman Cardin has already said, I thought to honor Senator Grafstein by sharing with this House his insightful final speech in the Senate of Canada. I hope my colleagues will read it and learn from it for years to come. Let me finally say to Sen. Grafstein that I thank him for his service to his country, his friendship to our country, and his tireless work on behalf of humanity. I look forward to seeing him in Washington or the great State of Florida sometime very soon.
Senate of Canada, December 9, 2009
Hon. Jerahmiel S. Grafstein: Honourable senators, thank you
for those most generous words. My late father would have been
surprised. My late mother would have said, ``Not nearly
enough.'' Honourable senators, I have always been curious
about the words, ``maiden speech.'' By custom, it designates
the first speech a parliamentarian makes when a
parliamentarian enters a house of Parliament. What do we call
a farewell speech in Parliament when we are no longer a
maiden? I leave that to honourable senators' imagination.
It has been over 25 years since I was first summoned to the
Senate by Mr. Trudeau. When he called to appoint me, he said,
``We need you in the Senate; take your time, Jerry, to think
about it.'' I told the Prime Minister I did not need any
time, that I accepted. ``This is the greatest honour anyone
has ever bestowed on me,'' I told him. ``However, Prime
Minister, I do have one question.'' Mr. Trudeau laughed.
``What is your question, Jerry?'' he asked. I asked, ``What
did you mean when you said, ``We need you in the Senate'?''
Mr. Trudeau laughed again and I heard the phone drop. A
second later he apologized and said he did not mean to laugh.
He said, ``Jerry, you are the very first person I have ever
appointed who asked me why.'' ``Well, Prime Minister, why?''
I repeated. ``Why am I needed in the Senate?'' He responded
so graciously, and he said these words--I made notes at the
time: ``You have provided me with great ideas. Now I want you
to use the Senate as a platform to share those ideas with the
Canadian public.''
Honourable senators, I have tried. Sometimes I succeeded.
Many times I failed. However, I have been motivated by three
pieces of advice that Mr. Pearson gave me when I first
entered politics and I sat beside him. He told me these three
things: Aim high, work hard, and be fair. Some time before my
appointment, Mr. Trudeau told me at a meeting, ``Jerry, you
have great ideas, but you have not overcome one problem that
you have.'' ``What is that?'' I said. ``I do not have any
problems.''
``Yes, you do,'' he said. ``Each time you advocate a great
idea, automatically and spontaneously, a coalition of `antis'
spring up to fight any good idea. Your job as a politician is
to navigate around that coalition and get to the other
side.'' Then he said these words that I have never forgotten:
``Never give up.''
Honourable senators, each day when I awake at the Chateau
Laurier, I say a short Hebrew prayer: Modeh ani Lefanecha--
Thank God who has awakened my soul to live another day. I
walk a hundred steps from the Chateau Laurier across the
historic bridge over the Rideau Canal and look up to the
statue of my great political hero, as Senator Munson
mentioned, Sir Wilfrid Laurier, and give him a morning
salute. Then I take another hundred steps, past the East
Block, and the most beautiful building in Canada looms into
sight. What a sight it is.
I see the Parliament buildings, the Peace Tower and, on top
of it, the Canadian flag flying. I remember the courage of
Mr. Pearson, who introduced the flag in the face of great
division in this country. I swear every morning that I will
do my very best that day for the privilege of serving in the
Senate and here in Parliament. Honourable senators, I have
served under eight Prime Ministers and twelve leaders in the
Senate. I want to thank all of my colleagues, but especially
the current deputy leaders, Senator Tardif and Senator
Comeau, who have the most complex jobs in the Senate. I want
to say how much I admire both of them.
Hon. Senators: Hear, hear.
Senator Grafstein: Of course, I salute my own leader, the
graceful Senator Cowan, and the Leader of the Government in
the Senate, Senator LeBreton, both of whom lead us here so
very ably. Thank you so much. May I thank the reporters who
have reproduced--do not be shocked--almost 5 million words of
my speeches, resolutions, comments and reports. I would be
remiss if I did not mention the researchers of the Library of
Parliament who have responded to my needs. To Mark Audcent
and to the legislative staff who drafted my bills, motions
and resolutions with skill and professionalism, I thank you.
For the many courtesies offered to me by the Speaker, his
predecessors, by the Deputy Speaker, and to all the table
officers, my sincere appreciation for your patience and
advice. I have learned much from all of you. Of course my
special appreciation goes to my executive assistant, who is
sitting up in the gallery, Mary de Toro, who leads my mighty
staff of one, the wisest woman on Parliament Hill who has
kept me from making disastrous mistakes.
My first decision when I came to the Senate was what name
and what designation I should use as senator. I chose my
first given name, Jerahmiel, although people have called me
Jerry. People have been curious about why that name and not
my customary name, Jerry. Jerahmiel is mentioned only once in
the Bible. He was the son of the last King of Israel. The
name means ``the mercy of God.'' It is meant to remind the
holders of that name to remember that they are here to help
the less fortunate. My other designation as senator is Metro
Toronto, to remind me of the great city of Toronto and the
regional base of the key of my responsibilities here.
What lessons have I learned in the Senate? Honourable
senators, I will not predict the future. I have always worked
hard in the past and in the present. In the process, I became
a much better criminal lawyer, a substantial constitutional
lawyer, as my friend Senator Nolin has become, and an expert
international lawyer. The future, honourable senators, I
leave to you.
The precious gift that the Fathers of Confederation
bestowed on the Senate and senators was independence and the
freedom to make choices. That is what Sir John A. Macdonald
and the Fathers of Confederation gave each and every one of
us. Most of my choices I shared with my party and my leader,
and sometimes I disagreed and did as Mr. Trudeau advised,
spoke my mind to the discomfort at times of my leaders and my
colleagues on this side.
I have served on all the committees of the Senate, and I
have been kicked off several committees several times when I
did so, and I do not regret it. I always believed that the
Senate acts best when it is true to its mandate as a chamber
of second sober thought. The Senate has always made mistakes
when there has been a rush to judgment. ``Principles and
pragmatism,'' so said Lloyd George, ``march best when they
march together.''
This chamber, following the teachings of the great
Blackstone, is a chamber dedicated to checks and balances. To
check and balance the executive and the other house of
Parliament is our constitutional mandate. Hence, we should
not place our trust blindly in government. Governments do
what they do and do what they want and do what they must. It
can be best summed up in Psalm 146: ``Put not your trust in
princes.'' We are here to speak truth to power. That is our
constitutional duty.
I recall my maiden speech when I advocated an apology to
Canadians of Japanese descent. Mr. Trudeau, who had just
appointed me, disagreed. He argued that we cannot correct the
past but can only improve the future. I disagreed with him on
the facts. Citizens of Japanese origin had been deprived of
their rights and property during the war, and there was no
evidence whatsoever provided to me or to the Prime Minister
at the time to call in or question their loyalty to Canada. I
advocated for an apology, and ultimately it was given by
Brian Mulroney, and I respect him for that.
I recall the extradition bill, as Senator Joyal pointed
out, passed by a Liberal government in haste, with barely a
debate in the other place. Under that bill, the Liberal
Attorney General of Canada of the day would have had the
power to extradite Canadians to a state that practiced
capital punishment even though Parliament had abolished
capital punishment under Mr. Trudeau after a fantastic and
unbelievable fight across the
country. The government wanted that bill. They wanted it
then. They urged it was important because of pending
decisions.
I disagreed, and so did my colleague Senator Joyal.
Together, with other colleagues in this chamber, we kept that
debate going for several months, but finally we succumbed to
our leadership and to government pressure. Senator Joyal and
I decided to make our arguments in the Senate at third
reading as if we were arguing before the Supreme Court of
Canada because we felt that that bill would be ultimately
challenged and would be shown to be unconstitutional. We sent
the Senate Hansard, a public document, to all the judges of
the Supreme Court, and we were so pleased over a year later
when the Supreme Court of Canada upheld our major arguments.
I remember another important debate on a resolution
introduced in the other place declaring Quebec ``a distinct
society.'' The government introduced that resolution here
shortly after the referendum. I angered my colleagues on this
side, I angered the Prime Minister, I angered the leader of
the Senate, my great friend Allan MacEachen, and other
colleagues on this side, when I refused to support that
resolution. I gave the shortest speech I have ever given in
the Senate, and I repeat it here now: Canada is a distinct
society. All the rest is commentary.
While Quebecers are different, so are Newfoundlanders, so
are Acadians, so are hundreds and hundreds of Aboriginal
tribes and many other groups in Canada. Honourable senators,
I believed then and I believe now in one Canada, bilingual
and multicultural--one Canada.
One of my most stimulating periods was as chairman of the
Standing Senate Committee on Banking, Trade and Commerce with
Senator Angus as my congenial deputy chairman. Together, with
a total consensus of all members on both sides, we did a
number of important, sharp and pointed studies dealing with
consumer protection of the financial securities sector, the
volunteer and charitable sector, the demographic time bomb,
stemming the flow of illicit money to Canada and others.
Hopefully the work we commenced on hedge funds and
derivatives, started well before the last financial meltdown,
and the work on reducing interprovincial trade barriers to
make Canada one dynamic competitive marketplace will be
completed by others in the Senate. Being a Canadian senator
offers unique opportunities to travel and to participate in
international affairs. One of my most satisfying experiences
has been as co-chairman of the Canada-U.S. Inter-
Parliamentary Group. I was elected to that office by members
of Parliament in both houses for eight successive terms and
served for over 16 years in that position.
The Canada-U.S. Inter-Parliamentary Group was founded in
1959 and recently celebrated its fiftieth anniversary. During
my term in office, with the support of colleagues on all
sides, bipartisan, we transformed that organization from one
annual meeting with the Americans to an active, vigorous
advocacy group meeting with state legislators, governors in
every corner of America, in addition to regular meetings on
Capitol Hill in Washington with congressmen and senators to
advocate one thing, Canada's interest. We learned that all
politics is local, and so we have to work at the local level
in the United States, and hence our meeting with state
officials and governors. All problems in the United States
affecting Canada start at the local level and, if detected
early enough, can be diluted if not resolved.
After each meeting, honourable senators, as I will do later
today, we tabled a complete report of our activities to the
Senate to ensure that the senators who were interested could
benefit from our experience. We were not there to represent
ourselves. We were there to represent Canada, and that is why
we tabled these reports. I want to thank my current co-chair
in the house, Gord Brown, and my current American co-chairs,
Senator Amy Klobuchar of Minnesota and Congressman James
Oberstar of Minnesota, who is the only member of our group
who has served the Canada-U.S. Inter-Parliamentary Group
longer than I.
When I first came to the Senate, I was able to travel to a
number of international organizations consistent with my work
on the Standing Senate Committee on Foreign Affairs and
International Trade, where I and my colleague Senator
Stollery have been the longest serving members. I decided
that I would focus my activities where Canada and the United
States both had a vote, the Organization for Security and Co-
operation in Europe, Parliamentary Assembly, which flowed out
of the Helsinki Accord in 1974, currently with 56 member
states from Vladivostok to Vancouver.
There I became an active member on the executive and served
as an elected member for 15 years. This organization is the
largest parliamentary assembly dedicated to human rights,
economic rights and democratic rights in the world. I became
a witness to history serving as one of the heads of election
monitoring in Russia, Ukraine during the Orange Revolution,
Georgia during the Rose Revolution and on the Independence
Referendum for Montenegro and many others. Senator Di Nino
has also served on a number of those committees with great
skill and expertise.
I learned how precious democracy is and how important
democracy building is for the future of the world. I worked
closely with elected presidents of the assembly, and I want
to pay special tribute to two recent presidents: Congressmen
Alcee Hastings of Florida and Joao Soares, the head of the
Portuguese Delegation and current Vice-President of the OSCE
Parliamentary Assembly, who have done outstanding work
travelling the length and breadth of the OSCE space. We have
become great personal friends.
A sparkplug in this organization, which is headquartered in
Copenhagen, is Spencer Oliver, the long-serving Secretary
General, who is the most brilliant and knowledgeable American
I have ever met, with a deep and penetrating insight into
foreign affairs. He has become one of my closest friends in
public life. While at the OSCE PA, I served as leader of the
Liberal group there, and I finally resigned this year after
12 years. They elected me as Liberal Leader Emeritus
Perpetual, a title I will cherish all my life. I do not kid
myself: I achieved these offices overseas because I was
Canadian, because the world respects Canada and Canadians who
represent Canada.
I think the Senate should have a brief explanation,
particularly those senators who have been mildly critical of
the numerous OSCE resolutions combating anti-Semitism on the
Order Paper that I tabled and that are still on the Order
Paper. Why those many resolutions? After the Berlin Wall came
down in 1989--and I was in Germany before and after the wall
came down--I thought I would finally close my dossier on
anti-Semitism. There was hope for a new world order. But it
was not to be. The UN had passed an invidious resolution
equating Zionism with racism.
Anti-Semitism was on the rise not only across the face of
the earth and around the globe, not only across Europe, but
also in South America and in Canada. In 1994, a diligent
congressman from New Jersey, Chris Smith, approached me to
work on a resolution to combat anti-Semitism and to present
it to the OSCE parliamentary assembly annual meeting. I
agreed. We were joined by Congressman Steny Hoyer, now the
majority leader of the Congress and one the most powerful men
in the United States, a good friend; Congressman Alcee
Hastings; Congressman Ben Cardin, now a senator from
Maryland; Gert Weisskirchen of the German Parliament and
parliamentarians from Italy, France, Austria, Ukraine, Poland
and others.
That first resolution was passed by a bare majority.
Thereafter, across the face of Europe, in Copenhagen, twice
in Berlin, Oporto, Cordoba, Rotterdam, Edinburgh, Vienna,
London, Rome, St. Petersburg, Kazakhstan, Madrid, Washington
and so forth, we continued the thrust of those resolutions,
parliamentary, ministerial and side meetings.
There were two chilly experiences. I spoke on these
resolutions in the Berlin Reichstag at the very podium where
Hitler had declared the Nuremberg Laws in 1933. I spoke in
the Hofberg Palace at the very same place in Vienna where
Hitler announced the Anschluss between Germany and Austria in
1938 that most historians agree ignited World War II. This
work continued, meeting after meeting, and finally,
honourable senators, I brought one of these resolutions to
the Senate in 2002. It was passed in 2004 and was referred to
the Standing Senate Committee on Human Rights. That committee
held meetings for a day or so, and then, without explanation,
decided not to complete its work.
It is the first time I can recall that a resolution passed
by the Senate was not followed by a committee of the Senate.
I urged members of the committee to complete their work, but
without success. I decided to put down resolution after
resolution on the Order Paper until there could be some
closure and conclusion to this matter. I was pleased some
years ago that the UN would use those very resolutions to
hold a one-day conference on anti-Semitism, the first of its
kind at the UN. I was delighted when the British Parliament
did a landmark study on this topic several years ago and
published it. I am pleased that, finally, parliamentarians on
the other side, under the leadership of Mario Silva and Scott
Reid, are holding hearings on combating anti-Semitism. I live
in hope that the Senate will consider its findings and add
its considerable expertise and credit to its recommendations.
I have learned two things about this topic, ``anti-
Semitism,'' the oldest of all prejudices. First, that
discrimination starts with Jews, but never ends with Jews, as
one great Danish Prime Minister once said. Second, what to
do? Education is the answer. The Nobel Prize winner Elie
Wiesel said these words at the Berlin conference: ``You can
teach a child to love or you can teach a child to hate.'' So
education is an answer. A word about Senator Di Nino: I
admire very much his work with respect to human rights not
only at the OSCE but also with respect to the Dalai Lama. He
has been a great and compatible companion at the OSCE, and he
will continue to do great and important work over there. My
congratulations to him.
Senators, I am coming to the close, but before I end, I
would like to say a word about the current atmosphere in the
Senate that I dislike. While I am as partisan--as everyone
knows--as any senator, and will vigorously attack on behalf
of my party and on behalf of my principles, I also believe in
political companionship and congeniality that rises above
partisan politics. I do not enjoy those who downgrade the
Senate, the institution we are all privileged and summoned to
serve. I have made good friends on both sides of the aisle
here and in the other place. I take my leave of this hallowed
hall with no regrets. I
tried my best, and if I failed, I have failed trying to do my
best.
Honourable senators opposite will forgive me if I remind
them that my great parliamentary hero was and is Sir Winston
Churchill, whose printed works and speeches I have read
avidly. When Britain was in the most desperate straits in the
early part of World War II, he gave this advice to his
colleagues, and this is my advice to my colleagues on this
side: KBO, keep buggering on. As for my colleagues on the
other side, I recall that Sir Winston Churchill in his dotage
confessed that he had always been a Liberal. Good advice.
If I have succeeded, I owe it to my late father and the
great mentors I have encountered in politics: Mr. Pearson,
Mr. Trudeau, Mr. Turner, Mr. Chretien and Mr. Martin, and, of
course, Keith Davey, our former colleague, who taught us all
on this side to love the Liberal Party. I will not say
goodbye, but au revoir. On January 2, I start my third act.
Regretfully, you have not heard the last of me yet. To my
wife who might feel trepidation on my return to Toronto: Do
not worry. I have lots of new projects that will keep me
eternally occupied. All the very best to all of you, Godspeed
and thank you so much.