Hon. Colin Deacon: Senator Gold, the launch of the Government of Canada’s COVID Alert app was a missed opportunity in the earlier stages of the pandemic and ultimately failed due to a very low adoption rate. It is estimated that only 17% of Canadians downloaded the app, of which only half of those were estimated to be active at the peak. Senators Moodie, Dasko and I conducted a survey that found that five times that many, or 80% of Canadians, wanted to use their mobile device data to notify others they had been close to if they tested positive for COVID-19.

The app is now in a zombie state between the low adoption rate and the fact that it is now useless given it requires a polymerase chain reaction, or PCR, test confirmation to input the positive case data.

Does the government have a plan to retire this application and, importantly, conduct a post-mortem? Can you speak to why Canada had such low download and adoption rates compared to, for example, New Zealand at 60%?

I can’t understand why there was no plan to use partnerships with businesses that could benefit from the app to encourage its use, for example, airlines. Can you speak to that please?

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of our former colleague the Honourable Marie-P. Charette-Poulin.

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

Hon. Pierre J. Dalphond: Honourable senators, five years ago today, after Parliament passed it unanimously, the Good Samaritan Drug Overdose Act became law. This was a private member’s bill, championed by MP Ron McKinnon of B.C. Like many such laws in American states, this law means a person cannot be charged with possessing illegal drugs if calling 911 to report an overdose. With the opioid crisis, Health Canada and the police have been promoting this law to the public. Evidence suggests it helps save lives.

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South of the border, the State of Maine is considering extending its good Samaritan immunity for non-violent offences if making the call is to save a life.

Senator Gold, will the government consider extending Canada’s good Samaritan drug overdose laws to nonviolent offences in order to help save lives?

Hon. Diane Bellemare introduced Bill S-244, An Act to amend the Department of Employment and Social Development Act and the Employment Insurance Act (Employment Insurance Council).

(Bill read first time.)

Hon. Denise Batters: Honourable senators, my question is for the Chair of the Standing Senate Committee on Internal Economy, Budgets and Administration, Senator Marwah.

Senator Marwah, last Friday, senators and Senate staff received a memo from the committee announcing the reopening of the Senate gym and yoga room in the Victoria Building. I didn’t even know we had one of those.

Despite vigorous activity in close quarters in these rooms with the potential for the spread of a lot of droplets, masks there are only recommended, not required. Meanwhile, mandatory masking still applies in common areas in the Senate, including this chamber and, according to a March 25 press release, “entrances, hallways, washrooms and break rooms.” Why the double standard?

Hon. Marc Gold (Government Representative in the Senate): Thank you, colleague, for the question and for reminding us how important it is. Preventive measures, including warnings, are an important part of keeping us safe. The government values the input of the reports and studies to which you referred and is considering all of those steps seriously.

I don’t know what the actual state of progress is. I will make every effort to find out and be happy to report back as soon as I can.

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of the family of the Honourable Senator Forest-Niesing: her husband, Robert Niesing; mother, Marie-Paule Forest; daughter, Véronique Niesing; and sisters, Sylvie Palkovits and Dominique Forest.

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

Senator Francis: Thank you, Senator Downe. As mentioned before, the current work plan of the Aboriginal Peoples Committee will touch upon the federal implementation of matters impacting the social and economic rights of Indigenous people. Due to time constraints related to the pandemic and other factors, the committee cannot address all conflicts and urgent issues impacting our communities. I really wish we had more time and resources to do our work. My hope is that an increase from one to two weekly meetings in the fall will enable our committee to undertake more studies. I also hope more committees will commit to studying issues impacting the rights of Indigenous people which are under their respective mandates. There is much work to be done, and together we can make a difference.

Hon. Brent Cotter: Honourable senators, despite the excellent answers by committee chairs today, my question is for Senator Gold.

The Government of Canada — wisely, in my view — established the Strategic Innovation Fund a few years ago and to date it has made available over $5.6 billion to fund innovative business initiatives across the country.

Despite a number of high-quality applications from Saskatchewan businesses, some of which I have reviewed, so far, of the $5.6 billion and 103 projects approved, a total of one project from Saskatchewan has been funded, in 2018, to Evraz, a Russian oligarch-owned business. This represents less than 1% of approved projects and barely two thirds of 1% of the funding from the Strategic Innovation Fund to Saskatchewan projects. At a certain point, this unbalanced distribution of funding for innovative projects across the country stops becoming an anomaly and becomes a statistical impossibility.

Why are deserving Saskatchewan businesses doing so poorly in terms of receiving support from the Strategic Innovation Fund?

Senator Gold: Thank you for your question. With respect, esteemed colleague, the government has taken action to support victims of sexual exploitation. I note that in Quebec, for example, the government supports the organization Alliance-Jeunesse Chutes-de-la-Chaudière, and that it is also working with Maison Marie-Frédéric and other community partners to provide a range of services and activities for youth between the ages of 16 and 30 who are victims of sexual exploitation or human trafficking on the south shore and in the Quebec City area.

The Minister of Justice has also provided financial assistance through the Victims Fund. The Government of Canada is committed to protecting the rights of all Canadians and providing better access to justice to the vulnerable.

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Hon. Brian Francis: Senator Downe, the short answer to your question is that, in the coming months, the Standing Senate Committee on Aboriginal Peoples intends to undertake a review of federal implementation of past legislation impacting Indigenous people which will directly or indirectly touch upon the areas you have identified. Before the summer, the committee hopes to report on the federal implementation of former Bill S-3, which was concerned with inequities under the Indian Act.

We are also working to narrow the focus of an in-depth term study on the federal government’s implementation of the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, which was released in 2019 and outlines changes needed to ensure the safety, social, economic, political and cultural health and prosperity of Indigenous women and girls, as well as LGBTQ2S people.

In the fall, we will turn our attention to former Bill C-15, which requires federal laws, policies and practices to be in harmony with the United Nations Declaration on the Rights of Indigenous Peoples. Article 3, in particular, acknowledges that Indigenous peoples have the right to freely pursue our own economic, social and cultural development. The Aboriginal Peoples Committee is interested in receiving an update on the development of the action plan which is under way and will consider whether its subsequent implementation will result in tangible improvements in the lives of present and future generations. I hope that answers your question.

Senator Seidman: In its report, the independent review panel recommended that the government restore the position of technical adviser to the Global Public Health Intelligence Network to ensure the network’s analysts and subscribers receive necessary and timely technical support and advice. This position had been phased out in 2017.

The independent review panel also stated it had been informed that the network had received an additional $830,000 through the Fall Economic Statement 2020.

Leader, how has this funding been expended? Did any of it go towards hiring a technical adviser?

Senator Gold: Thank you again. I will add those specific questions to my inquiry. I hope to have an answer as quickly as I can.

Hon. Sabi Marwah: Thank you, senator, for that question. I don’t think it is really a double standard. I don’t think you can compare doing an exercise workout to sitting in the Senate Chamber or in the hallways. There you are going through an exercise. You are exhaling. And it’s also recommended that masking should be required unless you can keep the two-metre distancing. The change rooms all have mandatory masking. All of the aspects of the gym are mandatory masking, except when you are exercising. I think that’s an appropriate application of the guidelines.

Hon. Raymonde Saint-Germain: Honourable senators, two families have come together today to pay tribute to our late colleague, Josée Forest-Niesing.

Robert, Véronique and Philippe, as you mourn your spouse and mother, please know that we, the members of the large Senate family, are also mourning the loss of a colleague who was dearly loved and greatly appreciated. My heart also goes out to her team, Louise Mercier and Nour El-Farouk, who lost a wonderful and inspiring boss.

We all had loved ones among the some 39,000 Canadians who lost their lives to COVID-19. Josée was one of them.

Everyone will agree that Josée was a generous, competent, dedicated and resilient woman, who had a very promising future in the Senate. She was a family woman and very proud of hers. We all heard about the achievements of Jacob and Léo, who are obviously the world’s best grandsons.

In just three years in the Senate, Josée accomplished a great deal. It was really something to hear her speak with conviction, switching back and forth from one official language to the other without hesitation, passionately making her case. Josée knew how to make a strong, tactful and bold argument.

Yes, Josée was bold. I still remember one of her very first speeches in the Senate. It was during one of our heated debates with one of our most experienced debaters, the formidable Senator Don Plett. New to this chamber — which would have been enough to intimidate many but not Josée — she stood with determination and confidence and took an active role in the debate. If memory serves me correctly, she did a great job of it.

That is what I think best describes Senator Forest-Niesing’s record in the Senate: her courage and willingness to express her opinions on issues that were important to her, with openness and a desire to educate. She knew how to express a different point of view and take an objective second look at the legislation, with relevance and elegance. This earned her everyone’s respect. Josée’s contribution, despite her short term of office, was also significant within the Internal Economy Committee, where she was able to put her expertise as a lawyer to good use in the governance of our institution.

Our memory of Josée is that of a woman of integrity, competence, determination and humility. She has forever left a mark on the Senate, and it was a privilege to have worked alongside her. On behalf of the Independent Senators Group, I salute her and thank her one last time, while again extending our most sincere condolences to her family and friends.

Hon. Senators: Agreed.

Motion in amendment of the Honourable Senator Plett negatived on the following division:

Hon. Raymonde Saint-Germain: Honourable senators, with leave of the Senate and notwithstanding rule 5-5(j), I move:

That, notwithstanding any provision of the Rules or previous order, for today’s sitting, the duration for Senators’ Statements be 45 minutes, to be used for the purpose of paying tribute to our late colleague the Honourable Josée Forest-Niesing, who passed away on November 20, 2021.

The Hon. the Speaker: Is leave granted, honourable senators?

The Hon. the Speaker: Is it your pleasure, honourable senators, to adopt the motion?

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, as you know, our colleague Josée Forest-Niesing passed away in November in her Sudbury home. The Senate of Canada is known for its stance in favour of minority rights. That reputation endures thanks to senators who take great care to ensure those rights are respected. Senator Forest-Niesing volunteered with many different community organizations, so she was destined to serve as one of the Senate’s advocate for respect for official languages.

In her November 3, 2020, statement, she reminded us of the following:

Canada’s two official languages have equal constitutional status. One is not the main language which then gets translated into the other.

She encouraged us to take steps to make that equality part of our daily reality and to pay special attention to this issue during these uncertain pandemic times. On June 3, she argued in favour of introducing a bill to amend the Bankruptcy and Insolvency Act to include national guarantees of bilingualism in court proceedings.

Senator Forest-Niesing’s premature death is a great loss to the Senate and official language minority communities. May her death inspire us all to pursue her passion for access to justice in both our official languages.

I had the privilege of meeting her family and members of her community. The love, admiration and respect they felt for her, as well as the personal stories they shared about her, clearly showed how deep her roots in her community were and how much her service to others was an integral part of who she was.

Over and above her qualifications as a lawyer and dedicated community member, Senator Forest-Niesing always showed great compassion, a particularly important trait for our institution which is, above all, human.

As Government Representative in the Senate, I offer my condolences to her husband, Robert, her two children, Philippe and Véronique, and her grandchildren.

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