Hon. Frances Lankin: Honourable senators, my question is to the Government Representative in the Senate. Senator Gold, I want to return to the matter of the back-to-work legislation for the longshore workers’ strike at the Port of Montreal. We know at the time — I highlighted this in my question last week — that the minister said this was literally a matter of life and death — that’s relating to COVID measures at the time and COVID provisions that might need to transit through the port. If I may, I will quote one of our fellow senators at the time, Senator Michael MacDonald. I pay tribute to him on this. He said:

We were repeatedly told that we have to pass this legislation because of the COVID situation. . . . this is a false flag. . . . COVID fearmongering is not a valid or compelling argument . . . .

I wouldn’t have used the word “fearmongering” myself. I think it was a very tense time for government decision making at all orders of government in Canada, but I note that we know at the time that workers were committed to move any of the provisions. We know that the labour department did an audit and counted only five containers of COVID-related products. We know that there were no vaccines contained in those containers, and we also know that the CEO refused to make public the actual number of masks and syringes withheld by the port “due to confidentiality required.”

So the argument shifted to the impact on the economy, which must also be something that is taken into account when looking at the strike and looking at the abrogation of workers’ rights under the Constitution and Charter of Rights of this country.

I want to read to you another departmental note and the advice that was given. It says:

The full shutdown of the port prevents the movement of $270 million of cargo per day. It is important to recognize that this is the value of goods being delayed and does not translate into direct permanent loss.

It goes on to suggest that the diverted freighters and containers went to Halifax, Saint John and Hamilton with a week’s delay.

Senator, I would like you to inquire of the government to review all of this documentation and to provide to both the other place and to this Senate Chamber the answer to how these facts amount to sufficient reasons to meet the test of a section 1 abrogation of workers’ constitutional right to freedom of association.