Hon. Senators: Question.

Senator Boniface: They said it would be somewhere in between. It is novel. However, when you refer to other countries, let me also say that in the United States, in the United Kingdom and in Australia, the threshold is actually lower than what Canada is putting in here in its place. When we compare this to some of our like jurisdictions, this is actually a higher standard than exists in other jurisdictions.

That is an important question and that is why I said at the end of my speech that the committee that has the privilege to look at this bill needs to ask these questions. It is a unique circumstance at the border. Devices are unique in terms of the time frame that border officers have to look at them and to make their decisions. I think how they built in some of the accountability for officers is an important mechanism that helps us flesh it out. There is no doubt that the courts will have to look at this at some point; it will be challenged, and they will have to look at it. I am extremely hopeful that we will be in a position where we recognize the balance that must be taken in this case. I encourage those at the committee that sees this to make sure you ask those questions.

Senator Boniface: Senator Yussuff, thank you very much for the question. As indicated in the briefing that I received, as well as the briefing that was available to senators this morning, discussions have been ongoing with the Privacy Commissioner over some period of time. On this topic specifically, they haven’t yet had a conclusive discussion with the Privacy Commissioner. However, I would encourage the committee — whichever committee it is decided this goes to — to invite the Privacy Commissioner for those discussions and views. I would expect, as we do in this chamber all the time, that everyone will be open to amendments, and certainly the Privacy Commissioner’s voice is an important one to hear.

Senator Housakos: Senator Gold, let me understand this clearly. The motion was not debated at the Standing Senate Committee on Internal Economy, Budgets and Administration. This committee did not bring witnesses in terms of senior administration or other health authorities to come to a debate or a conclusion on the motion. The motion did not trickle down from the committee after discussion to caucuses for their input. The motion you tabled is a government motion. Yet you tell us this has nothing to do with the government. How do you explain that?

The Hon. the Speaker pro tempore: We are out of time, but we still have four senators who wish to ask questions. Senator Boniface, are you asking for five more minutes?

Senator Gold: Thank you for the question. I know that there is an interest in many quarters for having a discussion about the future beyond the end of June, and I respect that. But that has not been the focus of these discussions. It wasn’t the focus of the consultations or the negotiations. It was very much focused on how we can address the health and safety and working needs of the Senate between now and when we expect to rise by the end of June. Colleagues, even the less experienced of us in this chamber know how intense the months of May and June can be.

It was always the view of many groups to extend until June. We extended only to the end of March as a compromise with those groups who were diffident about it, but it remains the case that we have and we will have important work to do for which we need the full participation of all senators. We recognize this will also require active and serious participation by committees.

It was in that spirit, focused really only on getting through this period that we were focused on. I would welcome anyone, any senator or group of senators, taking the lead in the conversation. We’d be happy to participate in that. We would be happy, if the Senate so wishes, to seek advice from the Committee of Internal Economy in that regard, but we are here to be the servants of the Senate. I say that humbly but sincerely. Our focus has been very narrow, perhaps too narrow for some, but we thought appropriately narrow to simply get us through what we expect to be a challenging, intensive and, I hope, productive legislative session.

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

That, given that:

(a)there is clear and ample evidence of systematic and massive war crimes and crimes against humanity being committed against the people of Ukraine by the armed forces of the Russian Federation, directed by President Vladimir Putin and others within the Russian Parliament; and

(b)the crimes committed by the armed forces of the Russian Federation include:

(i)mass atrocities in the invaded and occupied Ukrainian territories;

(ii)systematic instances of wilful killing of Ukrainian civilians and the desecration of corpses;

(iii)forcible transfer of Ukrainian children to the Russian territory;

(iv)torture and the imposition of life conditions causing grave suffering; and

(v)widespread instances of physical harm, mental harm and rape;

the Senate recognize that the Russian Federation is committing acts of genocide against the Ukrainian people.

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. The Prime Minister, like all world leaders, has responsibilities both to citizens and to the many duties that he has. In a country as vast as ours, it is totally appropriate for the Prime Minister to use airlines, in exactly the same way it is appropriate for senators to use airlines to carry out their constitutional duties when they come to Ottawa.

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, my question is for Senator Gold, the Leader of the Government in the Senate.

Senator Gold, in a speech announcing his carbon tax in October 2016, Prime Minister Justin Trudeau stated:

It has been proven that it is a good way to prevent heavy polluters from emitting greenhouse gases that fuel climate change and threaten the entire planet.

While the Prime Minister has spent six years lecturing Canadians about lowering their emissions, it is clear the carbon tax hasn’t changed his own personal behaviour. Earlier this month, to promote the increase in the carbon tax and the NDP-Liberal budget, the Prime Minister flew from Ottawa to Victoria, B.C.; then to Edmonton; then to Laval, Quebec; and then turned around and flew back to B.C. to go skiing over Easter.

Leader, how much greenhouse gas was emitted as a result of the Prime Minister’s travel in this month alone?

Senator Plett: “Do as I say, not as I do,” is the slogan of Prime Minister Justin Trudeau.

Leader, isn’t it true that the Prime Minister has never in his entire life had to worry about the cost of living and most likely never will? Isn’t it true that the Prime Minister has never worried about how much his transportation costs him? He can afford to pay whatever amount of carbon tax and then fly all over the country. And isn’t it true, leader, that the Prime Minister’s personal travel has not changed at all due to the carbon tax; that what he says and what he does remain two very different things; and that what he asks of Canadians, he doesn’t ask of himself?

Senator Gold: Thank you for your question. The truth is that the Prime Minister leads a government that is committed to working on behalf of Canadians, as it has done throughout the pandemic and as it continues to do, to address the issues of concern to Canadians. Regardless of the personal circumstances and good fortune of any leader — whether in this chamber or in the other place — the test of a person’s contribution to society is what they do.

Hon. Jim Quinn: Honourable senators, my question is for the Leader of the Government in the Senate.

Senator Gold, since 1977, Transport Canada has been giving the province of British Columbia an index grant to provide financial assistance related to the operating cost of intra-provincial ferry services. This is part of a federal obligation to provide transportation links to the national surface transportation system from various regions in isolated areas of British Columbia, including islands. As of 2022, this grant is valued at $32 million per year.

My province of New Brunswick contains several remote islands in the Bay of Fundy that are only accessible to the rest of Canada via ferry. In addition to Campobello Island and Deer Island, this includes White Head Island, which is accessible only via ferry from Grand Manan Island, which itself is accessible to the mainland via a separate ferry.

Senator Gold, as a matter of provincial equality, would Transport Canada consider a request by the New Brunswick government to provide New Brunswick with a similar operating grant for its remote intra-provincial ferry services?

Senator Gold: I understood the question.

As the government representative, we are always open to working with other senators — leadership and senators — to advance the ability of the Senate to do its work in an effective way, and in a way that is mindful of the challenges that people face when unable, for health reasons, to be here. So we would be open to participating in that. It is not ours to lead. But we would work happily with those individuals at the appropriate time, if that’s the will of the Senate.

My door is open. My mind is open. But my mind is convinced that this subamendment is not necessary and, in fact, I’m going to vote against it.

The Hon. the Speaker pro tempore: If you are opposed to the motion, please say “no.”

Some Hon. Senators: Nay.

The Hon. the Speaker pro tempore: Those opposed to the motion and who are in the Senate Chamber will please say “nay.”

Hon. Ratna Omidvar: Honourable senators, my question is for Senator Gold, and it is about Ukraine. As you know, there are two paths for entry into Canada for visitors. In one stream, citizens of countries like the U.K., Italy, Portugal, Spain and countries like Poland, Latvia, Mexico and Croatia fill out an online form and get a response within a day authorizing their entrance into Canada. It runs smooth as silk.

The second stream, which includes countries like Russia, but also Ukraine, must fill out a fairly onerous application, file it with the embassy, stand in line to get the authorization, stand in line to get the stamp, and, of course, this could be fine in ordinary times.

These are not ordinary times for Ukraine. More than 165,000 Ukrainians have applied for entry into Canada, but only 54,000 have been authorized under the new emergency travel program. Therefore, we’re looking at yet another backlog in an already backlogged system.

Today, at the Senate Foreign Affairs Committee, we heard from Minister Joly who declared that Canada is Ukraine’s best friend.

Will Canada act as a best friend and extend express travel authorization for Ukrainians as well?

Senator Boniface: I can’t fully answer the question, Senator McCallum, but I would be happy to send you a response that will hopefully help answer your question. I do know that the racial profiling issue will be an important question to be answered at committee.

(On motion of Senator Wells, debate adjourned.)

On the Order:

Resuming debate on the motion of the Honourable Senator Woo, seconded by the Honourable Senator Dean, for the second reading of Bill S-6, An Act respecting regulatory modernization.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. I’m not aware of a request that has been made nor of the government’s response. Permit me to say that the government continues and will continue to support ferry services for provinces and territories, including in Eastern Canada, and I’m advised that the government has made significant investments for ferry services in Eastern Canada, including purchasing multiple new ferry boats and taking action to make sure that fare prices stay affordable amid the challenges posed by the COVID-19 pandemic.

Intra-provincial ferry services, particularly to smaller and remote communities are, as you underline in your question, a key challenge facing provinces and their communities.

The government understands that discussions between the provincial government and the community are ongoing, and the government encourages the parties to work together to find a long-term solution for local populations.

Hon. David M. Wells: Honourable senators, my question is for the government leader in the Senate. Senator Gold, on April 5, 2022, just over three weeks ago, while conducting a commercial air charter, crew members of Pivot Airlines, a Canadian company, discovered suspected contraband in a maintenance compartment of the aircraft during the course of their normal duties at the Punta Cana International Airport in the Dominican Republic. In keeping with Transport Canada policies and international laws, the crew immediately reported the discovery to local and Canadian authorities.

Despite reporting the suspected contraband to authorities, the five crew members were immediately detained. Pivot Airlines and the three unions representing the crew were able to secure their release on bail. However, they must remain in the Dominican Republic until the matter is resolved. It’s essentially a house arrest due to the nature of what they found and, frankly, the nature of the smugglers.

The airline, the unions and the crew’s families all remain deeply concerned for their safety and security while they remain in the Dominican Republic under continued threats of harm and the ongoing possibility of prosecution.

Furthermore, this situation also raises serious concerns for all Canadian travellers and, in particular, Canadians who travel to this region as part of their employment.

Can the leader please tell the chamber and, frankly, the families, what the Minister of Foreign Affairs has done and will do by way of intervention in this urgent matter, including asking the Dominican government to immediately release the crew and allow them to safely return to Canada for the duration of the investigation?