Hon. Kristopher Wells: Honourable senators, it is my pleasure to rise today to speak to this important issue that was raised by my honourable colleague and fellow Albertan, Senator Simons.
This motion is a very timely one. It is yet another example of the turmoil and uncertainty that many Canadians across the country are living through in the face of a fundamental shift in our relationship with the United States. For decades, Canadians trusted that our prosperity, security and, indeed, our livelihoods were and would always be bound up in the deep connections we shared with our neighbours to the south. That was just the way it was. It was a foundation upon which we could count, build and rely for our future.
The NEXUS program was just one expression of that closeness, designed to make cross-border and domestic travel more efficient and expedient for those who met its requirements. While there were, of course, individuals who have expressed concerns about the program, it made perfect sense to many that any trusted traveller program that would help Canadians have an easier time through security at the airport and across borders would involve close cooperation with the United States.
For many Canadian NEXUS holders, including me, a trip to Vancouver or Seattle would often be a simple question of which airline was cheaper or more convenient. Going to a concert in Toronto or Detroit might just be a question of which night works better for your schedule. If you were already going to a festival Montreal, why not get a car for a quick trip down to New England to see old friends?
Many of us graciously accepted the synergy of working with the United States on a program that would also help Canadians travel more easily domestically. Many of us concluded there was no point in having two different programs. After all, we could always rely on our friends the Americans, right?
What a difference a presidential election can make. The reality of today is starkly different. As Prime Minister Mark Carney has recently reminded us, Canada’s old relationship with the U.S. “. . . is over.” Those are stark words, but they represent Canada’s, if not the world’s, new reality. The United States is no longer the same reliable partner it once was, and nostalgia cannot be the basis for sound policy.
In response to the United States’ increasingly aggressive stance toward Canada, Canadians themselves are pushing back. We have seen trade disputes reignited, with punitive tariffs on Canadian steel, aluminum and softwood lumber. We have witnessed trusted agreements, once celebrated as symbols of mutual respect, unilaterally challenged or undermined. Indeed, just recently we heard the U.S. Ambassador to Canada call into question arrangements such as pre-clearance at Canadian airports.
Canadians are taking notice. More and more, they are choosing to vote with their wallets, supporting Canadian products and industries as an act of resilience, solidarity and nation building. We are seeing a marked cultural shift. Where once a weekend trip across the border was almost second nature, many Canadians are now choosing to avoid travel to the United States altogether.
Instead, they are rediscovering what our own country has to offer: our festivals, natural landscapes, artists and diverse communities. In the face of hostility, Canadians are not retreating into fear or bitterness. Rather, we are turning inward with pride, celebrating our culture, identity and iconic landmarks here at home.
Colleagues, the foundation upon which programs like NEXUS were built has shifted, and it is time for a difficult but honest conversation. It comes in the midst of a wider discussion about how we can support our systems of moving goods and people. Airports are calling for everything from embracing new technologies to adjusting our fee structures. It is clear that more work needs to be done.
Colleagues, let me be clear: This is not simply a question of a lack of trust or a protest against the Trump administration. I am not arguing for a change in policy as a political statement. In fact, the actions of the U.S. government in the area of fundamental rights and freedoms have made this change a necessity.
Canadians are watching as hard-fought protections for women, racialized people and especially 2SLGBTQI+ communities are being rolled back in state legislatures and even in the great halls of the United States Congress. We see free speech being banned, medical care denied and families forced to live in fear on the streets of their own communities.
These are not abstract debates. They are real actions that rightfully make us ask what kind of society our closest neighbour is becoming. These actions diverge sharply from the commitments we have made under our own Charter of Rights and Freedoms.
The Constitution of Canada affirms the equality and dignity of every person. We have a responsibility to ensure that our national programs reflect these key values. In fact, Canadian courts have already begun to grapple with the consequences of this divergence. We are seeing cases where individuals are seeking refuge in Canada from rising anti-2SLGBTQI+ discrimination and violence in the United States. Indeed, our refugee system is increasingly recognizing the force of such claims. It is becoming impossible to ignore the reality of the hostility of the Trump administration toward trans, queer and gender-diverse individuals.
This brings me to one of the most concerning aspects of the NEXUS program itself — its refusal to recognize trans and non-binary Canadians.
As recently reported, the NEXUS program will no longer allow gender-diverse individuals to use the “X” marker for gender. Renewals and new applications must, by decree of the Trump administration, reflect a person’s sex assigned at birth. Thus, Canadians who do not fit neatly into a gender binary must now choose between their own lived identity or access to an important government program.
This is the very definition of discrimination.
Imagine being told by your government that who you are disqualifies you from equal access and opportunity. Imagine knowing that your neighbour, co-worker, sibling or child is being denied access to a government-sponsored program because of how a foreign government chooses to categorize them.
This is not a minor administrative oversight. It is systematic exclusion. These changes run directly counter to Canadian law and Canadian values.
This is not simply a theoretical concern. Just this week, the Canadian government updated its travel advisory for the United States, which included an ominous warning for 2SLGBTQI+ individuals, informing us that our community is at risk of higher scrutiny based on a person’s lived gender identity. If we are at a point where we need to warn our 2SLGBTQI+ citizens that they may face discrimination at U.S. airports, then we are clearly at a point where we need a new program at our Canadian airports.
This is why Senator Simons’s motion is so important. A made-in-Canada trusted-traveller program that upholds and respects Canadian values and continues to provide critical security and efficiency at our airports would also fundamentally ensure that every Canadian, regardless of their identity, is treated with dignity and fairness.
We must not allow the rights of our citizens to be contingent on the politics or prejudices of another country. A program designed here, by Canadians and for Canadians, can and must reflect the full diversity of our nation. It is time to begin this important discussion.
As I was preparing for my remarks, I spoke with Marni Panas, a courageous leader within Canada’s trans community, who stated:
The fact that Canada relies on Homeland Security to determine whether I can travel safely in my own country is disgusting at best. The entire reason I got a NEXUS card was to minimize any interaction with CBSA or CATSA. Traveling while trans is already scary enough, especially when selected for secondary searches . . . . My NEXUS card is a vital part of my ability to travel throughout Canada and to return to Canada. These changes are terrifying to me.
In Canada, in 2025, our citizens should not be terrified to go to the airport.
If our Charter is to mean anything and our commitment to equality is to be more than words, then we must ensure that every Canadian can access the same opportunities and protections of citizenship without discrimination. That is what a made-in-Canada trusted-traveller program would accomplish.
It is time for open discussion. It is time to do the hard work to build policies and programs that genuinely reflect who we are and aspire to be as Canadians.
I am honoured to support Senator Simons’s motion, and I urge my honourable colleagues to do the same.
Thank you. Meegwetch.