Hon. Marc Gold (Government Representative in the Senate): That’s a very important question, and I thank you for it. Thank you also for reminding the chamber that the prosecution of Criminal Code offences is typically of provincial jurisdiction. At the risk of being seen — and unfairly, might I stipulate — as hiding behind jurisdictional issues, there is a real challenge in gathering data, especially disaggregated data. It is difficult not only in the context of criminal law, but also in the health context and in many other areas, as we have experienced.

That said, I don’t have an answer to your question. It is one thing to pass a law, and it is another to evaluate whether the law is having its intended impact. I will make inquiries regarding your specific question, and I hope to pass on the answer as soon as I get one.

Senator Gold: Thank you for the question. The government has made a significant investment in hiring additional staff. They are being trained and put to work as quickly as they can be. How else would you expect the government to respond to the levels of delays to which you have referred?

I do not have any information with regard to your question about background checks. I will make inquiries and report back to the chamber.

Senator Gold: Thank you for your question. The government, as I have stated on many occasions, will continue to monitor the efficacy of the various tools, mandates and the like that are, unfortunately, in place because of the pandemic. The focus has been and will continue to be on the health and safety of Canadians.

Senator Gold: Thank you for the question.

The question we must ask ourselves is the following: Was the Government of Canada right?

The answer is clear and simple, and it is public information: Although the government did not receive specific requests from police, it is clear that they informed the government that they did not have the right tools or that the law did not provide them with the proper tools to deal with the challenging situation in Ottawa.

When it heard their requests for tools that they could not access unless this act was invoked, the government decided to take action.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. The government understands the frustrations that Canadians have been experiencing all across the country, especially at Pearson. It has been working to find solutions. The measures that have been put into place, including staffing and the like, are already showing some effects, and we are seeing improvements as a result of the actions taken by the government. For example, only 10% — it is 10% too many; no one would deny that — of departing passengers are waiting more than 15 minutes in line at Toronto Pearson Airport —

Senator Gold:  — compared to 23% in early May. Work continues and will continue, as the minister has announced.

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question, senator. I do not have an answer at this time. It is because of complicated reasons that people choose to leave their home countries. I don’t have the details of those initiatives, much less the specific answer, but I will make inquiries with the government and report back in a timely fashion.

Senator Gold: Thank you for the question. I will have to add that to the inquiries that I will make, and I will report back as soon as I can.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. I am advised, indeed, as you pointed out, that though her office was made aware, the minister was not. The minister has stated publicly that it is totally unacceptable. The Prime Minister has said so as well. As Government Representative, I underline and agree with both of those statements.

Senator Gold: Minister Joly has taken responsibility, and that is a paradigmatic definition of what ministerial responsibility is. Minister Joly represents Canada and defends Canada’s interests in an exemplary fashion. Canada continues to be a strong ally of Ukraine and continues to support it financially, militarily and with humanitarian assistance.

[Translation]

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. I won’t repeat the answer of the minister who was with us earlier this week.

Canada is attempting to do the right and moral thing, and it is doing its very best under the difficult circumstances which were outlined there, including the issuing of visas and other related matters of countries bordering Afghanistan to which some of the Afghans to whom you referred have fled. But Canada is committed to doing whatever it can, it is doing the best that it can and will continue to do so.

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. I am aware, as we all are, of the announcement of the deal. I don’t have any details. I don’t know the details of the deal, much less of any side deals that may have been made. I will make inquiries, and I will report back when I get an answer.

Senator Gold: I will certainly add that to my inquiries.

Hon. Marc Gold (Government Representative in the Senate): Senator, thank you for your question. Unfortunately, I don’t have any further information than what I was able to provide you in response to your question. I know that time is tight. I will make an effort to get an answer and communicate it to you, either in the chamber or elsewhere, and I will do the best that I can.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. I don’t need to remind the chamber that the government has recently announced the changes to the rules for domestic travellers and has adjusted the measures over time.

It will continue to monitor the issue as it addresses both the security and safety needs of Canadians and others who want to travel to Canada and the health risks that are still present.

Hon. Marc Gold (Government Representative in the Senate): I thank the honourable senator for his question.

First, the minister did not lie. His words were misinterpreted, as one of our colleagues in Parliament explained.

Second, it is the Government of Canada’s position — and I have gone over this at length here — that invoking the act in question in order to provide the necessary tools to resolve the ongoing problem here in the national capital was entirely legitimate.

We are pleased that the parliamentary process is unfolding and that people are asking us questions, good questions, real questions, legitimate questions, but the government maintains that invoking the Emergencies Act was appropriate given the circumstances.

Hon. Marc Gold (Government Representative in the Senate): Thank you for this question.

The government remains committed to supporting blood and plasma donation policies in Canada that are safe, non-discriminatory and scientifically based.

As you mentioned, on April 28, Health Canada authorized a submission from Canadian Blood Services to eliminate the three-month blanket donor deferral period for all sexually active men who have sex with men. This deferral period will be replaced by an approach that screens all donors for high-risk sexual behaviour, regardless of their gender identity or sexual orientation.

The authorization is a significant milestone toward a more inclusive blood donation system nationwide and builds on progress in scientific evidence made in recent years thanks to government-funded research.

Under the Blood Regulations, Canada’s two blood operators, Canadian Blood Services and Héma-Québec, are required to make submissions to Health Canada for any changes to their processes, such as changes to donor deferrals. Héma-Québec has indicated that more flexible donor screening criteria for plasma will be implemented in the fall of 2022.

In the months that follow, the organization plans to file a submission with Health Canada to extend these measures to other types of donations, such as whole blood and platelet donations.

Senator Gold: I will do my best.

[English]

Senator Gold: Honourable senator, I will certainly make inquiries and, concurrent with that, I would encourage interested senators to explore how we can use our good resources and perhaps the reputation of the Senate to bring this measure to light.

I do want to, if you will permit me, underline the importance of publicizing the Criminal Code provisions and the protection that it attempts to provide. In this regard, the federal government addresses the issue, which it deems a serious issue and an odious practice. It addresses this through a federal interdepartmental working group, which is co-chaired by Women and Gender Equality Canada and Global Affairs Canada. It brings together 13 federal departments to provide a forum for collaboration to address harmful practices, including female genital mutilation. The government also supports many initiatives and organizations that are working to end this unacceptable practice.

Senator Gold: Thank you for raising this. It is an important issue, but it is a complex one and it cuts across multiple government departments.

The Government of Canada is focused on finding a solution that will allow our important work in Afghanistan to continue. I am advised that the government is reviewing recommendations made to it in a special committee report that was recently released. It will respond as soon as possible.

The government has also received additional opinions from members of the legal community. These opinions add additional information for the government to consider as it looks for a medium- and longer-term solution to this problem.