The Hon. the Speaker pro tempore: Honourable senators, we’re at the end of the Orders of the Day.

Pursuant to Rule 9-10(7), the sitting is suspended. The bells will start ringing at 5:15 p.m. to call in the senators for the vote at 5:30 p.m.

(The sitting of the Senate was suspended.)

(The sitting of the Senate was resumed.)

On the Order:

Resuming debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson:

That, notwithstanding any provisions of the Rules, previous order or usual practice, the provisions of the order of November 25, 2021, concerning hybrid sittings of the Senate and committees, and other matters, extended on March 31, 2022, have effect until the end of the day on June 30, 2022, subject to the following adjustments:

1.subparagraph 7(a) to (e) of the order of November 25, 2021, be replaced by the following:

“(a)when the Senate sits on a Monday, the sitting:

(i)start at 2 p.m.; and

(ii)adjourn at the earlier of the end of Government Business or midnight;

(b)when the Senate sits on a Tuesday, the sitting:

(i)start at 2 p.m.; and

(ii)adjourn at the later of the end of Government Business or 6 p.m.;

(c)when the Senate sits on a Wednesday, the sitting:

(i)start at 2 p.m.; and

(ii)adjourn at the earlier of the end of Government Business or 4 p.m.;

(d)when the Senate sits on a Thursday, the sitting:

(i)start at 2 p.m.; and

(ii)adjourn at the earlier of the end of business for the day or midnight; and

(e)when the Senate sits on a Friday, the sitting:

(i)start at 9 a.m.; and

(ii)adjourn at the earlier of the end of Government Business or 4 p.m.;” and

2.the provisions of paragraphs 12 and 13 of the order of November 25, 2021, cease to have effect, so that the evening suspension be as provided for in rule 3-3(1), including on Mondays, and, consequently, if the Rules require that something take place at 8 p.m., it take place at the time provided for in the Rules; and

That the Senate recognize the need to work towards a return to a schedule of committee meetings reflecting Ottawa-based operations, and call upon the Committee of Selection to continue to work with the leaders and facilitators of all recognized parties and recognized parliamentary groups to advance this objective.

And on the motion in amendment of the Honourable Senator Plett, seconded by the Honourable Senator Carignan, P.C.:

That the motion be not now adopted, but that it be amended:

1. by replacing the words “June 30, 2022” by the words “May 9, 2022”; and

2.by adding the following after the word “objective” at the end of the motion:

“; and

That, before introducing any motion on the extension or resumption of hybrid sittings of the Senate, the Leader of the Government in the Senate must:

1.table in the Senate:

(a)all opinions and guidelines from public health officials from the federal government regarding in-person meetings in the federal public service;

(b)all opinions and guidelines from public health officials from the Ontario and Québec governments regarding in-person meetings;

(c)a letter from the Clerk of the Senate outlining how the Senate sitting in-person only would contravene any opinion or guideline mentioned in points (a) and (b); and

(d)a plan for a transition back to in-person sittings of the Senate as soon as practicable in accordance with the commitment made by the Senate on March 31, 2022; and

2.consult in an open and constructive manner with the leaders and facilitators of all recognized parties and parliamentary groups”.

And on the subamendment of the Honourable Senator Seidman, seconded by the Honourable Senator Wells:

That the motion in amendment be not now adopted, but that it be amended by:

1. adding, after point (b) in the amendment, a new point (c) as follows:

“(c)a letter from Dr. Theresa Tam, Chief Public Health Officer of Canada, outlining how the Senate sitting in person only would contravene guidelines issued by her office”; and

2.changing the designation of points (c) and (d) in the amendment to points (d) and (e).

Senator Gold: I will certainly make specific inquiries, because I don’t want to mislead the chamber. I don’t know specifically what consultations, understandings or plans are in place on particular aspects of our defence policy and planning, but I will say that the Government of Canada has and will continue to work with Indigenous communities in the North and elsewhere whenever appropriate.

With regard to our security and well-being in the North, there is a long-standing tradition of working with local communities, whether it’s in the area of search and rescue or more generally monitoring the North. I will certainly make inquiries more specifically, senator, and be glad to report back when I can.

Senator Gold: I think I can speak with some authority that the Government of Canada, the Jewish community and Canada and Israel have longstanding, fruitful, friendly and mutually beneficial relationships. I can also speak with some confidence, given my own past before I arrived here, that the Government of Canada takes the question of anti-Semitism and all forms of hate very seriously, and it has demonstrated that through its actions.

Again, I cannot comment on a specific case or what steps may or may not be taken to investigate or to determine the steps that may be taken with this or any other individual, but Canadians should remain satisfied that this government takes allegations and situations of this kind most seriously.

Senator Plett: Yet no one from this NDP-Liberal government will travel to Ukraine now to show support for our friend and ally.

Canada’s embassy in Kyiv remains closed while over two dozen other embassies have reopened. The former Ukrainian ambassador to Canada said on the weekend:

Canada was one of the first countries to move the embassy out. We do not want Canada to be the last one to return.

Please, Senator Gold, answer my question: What is the NDP-Liberal government’s position on reopening Canada’s embassy in Kyiv? Why is it safe for other countries to open their embassies but not Canada?

Some Hon. Senators: Hear, Hear.

Hon. Senators: Hear, hear!

Hon. Frances Lankin: Senator Gold, one year ago, both houses of Parliament passed back-to-work legislation three days into a legal work stoppage at the Port of Montreal. I’d like to quote the minister at that time. She said:

This is literally a matter of life and death . . . If medical products and life-saving medical devices do not get to hospitals and patients in a timely manner, the health of Canadians is at stake.

Senator Gold, as reported by Blacklock’s Reporter on Friday of last week, it would appear that the information provided by the employer vastly overstated the risk to delays of COVID-related and other medical products.

As Government Representative, you had to present the arguments and the Charter Statement to this chamber in support of the legislation. Does the Blacklock’s Reporter story give rise to concerns for you that you and the minister were provided information that may have been based on erroneous claims?

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of Dr. Linda Hunter, Lori Lowery and Madison McSweeney. They are the guests of the Honourable Senator Sorensen.

On behalf of all honourable senators, I welcome you to the Senate of Canada.

The Hon. the Speaker: Honourable senators, when shall this report be taken into consideration?

(On motion of Senator Omidvar, report placed on the Orders of the Day for consideration at the next sitting of the Senate.)

[Translation]

Senator Gold: Thank you for the question, senator. As I have said here many times, the government continues to take measures to create jobs and support a healthy economy and a healthy environment. To answer your question more directly, I am told that the Deputy Prime Minister and Minister of Finance and the entire government continue to discuss this and various other files with their provincial and territorial counterparts. Beyond that, I have no information to share.

[English]

Senator Boniface: Would you agree with me that it is appropriate for the committee to take a close look at this issue, as I indicated in my speech, particularly around this issue, and how it’s specific to issues that balance public safety and particularly the unique role of customs in our society — protecting Canada?

Senator Simons: I think that’s a reasonable interpretation, but what they say is that it could be reasonable suspicion or maybe something else, but they explicitly say reasonable suspicion would be an appropriate thing to consider.

My concern is that in creating a novel test of reasonable, general concern, I’m not saying the government didn’t have the right to do that. I’m saying that it’s the wrong choice.

On the Order:

Resuming debate on the motion of the Honourable Senator Boniface, seconded by the Honourable Senator Gold, P.C., for the second reading of Bill S-7, An Act to amend the Customs Act and the Preclearance Act, 2016.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. I don’t know how long the review will take, but I’ll make inquiries, senator. I know that the issue of our warning systems and more generally some of the older networks and resources that we have in place to protect Canadians are also a subject of very keen review and consideration.

As I said in response to an earlier question, the money set aside in the budget and the increases in defence funding are part of this government’s ongoing commitment to re-energize, refit and re‑equip the Canadian Armed Forces to do the job that we need it to do — to defend our interests here and also our interests abroad.

Hon. Senators: Agreed.

Subamendment negatived on the following division:

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of His Excellency Cao Phong Pham, the Ambassador of Vietnam to Canada, Madam Van Thi Le Hien and Nguyen Minh Dao. They are the guests of the Honourable Senator Oh.

On behalf of all honourable senators, I welcome you to the Senate of Canada.

Senator Lankin: Last night, I received a package of freedom of information-released documents. There are a lot of them. I have thoroughly reviewed them. Senator Gold, I know that you, with your background in constitutional law, will understand the Charter implications of this. The employer refused to disclose the number of masks and syringes stranded in the port due to confidentiality. As you know, the longshoremen members of CUPE local 375 committed to moving such medical supplies through the port despite the strike. However, we were left with the impression that lives were “literally” at stake.

An internal memo from the labour department indicates they counted only five containers of COVID-related materials — none of which, by the way, were vaccines — that were again “stranded” by the strike.

In another freedom of information-released memo, which talks about the majority of the goods moving through being forestry and agricultural goods, the following statement appears:

The most concerning problem is the reputational damage that the strike — the strike hadn’t started yet — has on Canada’s image as a reliable trading partner.

Senator, surely you — and I hope the government — will agree that the stated most concerning problem does not come close to reaching the criteria for a section 1 exemption for the constitutionally protected rights of workers’ freedom of association.

Senator, there is a constitutional challenge going on to this. It was this chamber’s duty to uphold these workers’ constitutional rights. Senator Gold, do you still believe this chamber fulfilled our duty or — as I believe — we spectacularly failed in our duty in the consideration and passage of this legislation?

Senator Simons: I somewhat regret that my understanding is that the bill is going to National Security and Defence and not to Legal and Constitutional Affairs. I wish it were possible for both committees to study this, because I think the Standing Senate Committee on Legal and Constitutional Affairs, with its unique expertise in that area, should also apply its critical lens to this bill.

(On motion of Senator Housakos, debate adjourned.)

[Translation]

Hon. Michael L. MacDonald: Honourable senators, I rise to speak at third reading of Bill S-217, known by its short title as the foreign assets repurposing act. This is a bill that has been around the Senate for nearly as long as the senator sponsoring it. It was first introduced by Senator Omidvar in March of 2019 as Bill S-259. When it died on the Order Paper, she reintroduced it two years to the month later as Bill S-226. That too died on the Order Paper and now we have the bill before us, sponsored again by Senator Omidvar.

Senator Omidvar’s efforts in this regard brings to mind the wisdom of the thirtieth president of the United States, the taciturn Calvin Coolidge.

Coolidge was elected vice-president in 1920 on the Republican ticket along with president Warren Harding. Harding would unexpectedly die in 1923, and Coolidge would succeed him then be elected as president in the 1924 election. “Silent Cal,” as he was popularly known, was not much for small talk. In fact, he would often accept invitations to public events only if it was agreed that he would not be asked, nor be expected, to speak. But when he did speak, he had some interesting observations, especially regarding the most important qualities of a politician.

Coolidge said that talent is not enough:

Nothing in the world can take the place of persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent.

Coolidge insisted that a politician without persistence will have a hard time getting anything accomplished.

I want to personally congratulate Senator Omidvar for her patience and determination to get this legislation through Parliament – she has provided a great example for all of us on the importance of persistence in pursuing worthwhile goals. Well done, senator.