Hon. Marc Gold (Government Representative in the Senate): Thank you for your question, which highlights not only the importance of the issue, but also everyone’s right to be treated properly and fairly, which also applies to people who are incarcerated.

I don’t have the answer to your question at the moment. This is a concern for me too, and I assure you I will contact the minister and come back with a response as soon as possible.

Senator Gold: I will add that to my list of questions to ask the government. Thank you.

[English]

Senator Gold: Thank you. That is a very good set of questions. I will certainly make inquiries and be pleased to report back when I get an answer.

Senator Gold: Thank you for your question. The Government of Canada is confident that the measures they have put in place — as have been outlined and will continue to be made public in the months to come leading up to the next budget — are the right measures to protect the Canadian economy from the vicissitudes and the forces buffeting it from around the world, as well as to provide a strong platform for Canada’s recovery.

[Translation]

Hon. Marc Gold (Government Representative in the Senate): Thank you for your very important question, senator.

The government is aware of the studies done by the professors you mentioned. I am friends with Professor Gold. We are not related, by the way.

As I’ve said many times, the government is working with its partners and with international organizations to ensure that everyone in the world can get vaccinated quickly. There are several possible ways to get there, and looking at intellectual property rights is one of them. The government is in talks with its partners to, quote, unquote, “change the rules” on intellectual property, in particular with respect to the Agreement on Trade-Related Aspects of Intellectual Property Rights, which was signed under the auspices of the World Trade Organization.

Senator Gold: Thank you for your question. That gives me the opportunity to answer briefly. Since you asked three questions, the answer is no, it is not; no, it is not; and no, it is not.

Senator Gold: Thank you for your question. I will speak to government officials and get back to you as soon as possible.

[English]

Senator Gold: Will the senator take a question?

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, with leave of the Senate and notwithstanding rule 5-5(j), I move:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, February 1, 2022, at 2 p.m.

Senator Gold: Of course. It would be my pleasure to do so.

Hon. Marc Gold (Government Representative in the Senate): Thank you, colleague. As Government Representative, first of all, please let me repeat what I said and have tried to make clear on two occasions. The Government of Canada and the Prime Minister have said that he is not eliminating the possibility of intervening at the appropriate time, not that he has decided to intervene. With regard to the appropriate time, colleague, I don’t have the answer. However, the answer will be a function in part of how legal proceedings unfold in Quebec. They are currently before a lower court. Thereafter there would be other stages and legal proceedings, and at each stage the Government of Canada will consider its options and respond appropriately.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. Though I’m not able to respond specifically to the question of the figures, I am happy to report that the government remains committed to reaching its goal — slow start though it indeed had — to plant two billion trees across this country.

The government has finalized the plans and agreements with project partners this summer, putting Canada on track to plant 30 million trees by the end of this year. Those partners will report their final numbers in the spring of 2022. The government is also announcing a second call for proposals this week, which will help to ramp up planting across the country.

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. As the minister announced and as the Economic and Fiscal Update 2021 revealed, the government has put a number of indicators in place to make sure that, despite the investments that unhappily have to continue to be made to support Canadians through this pandemic, our fiscal and economic situation remains stable and, indeed, is poised to continue to improve. These include references to debt-to-GDP ratio. The government is pleased, as the minister announced in this chamber yesterday, that the international markets and rating agencies continue to see Canada’s economy as strong and sustainable.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. As I have mentioned on a number of occasions in this chamber, the government is watching the legal proceedings attentively with regard to Bill 21. With regard to the collection of data and the impact, this data would be largely, if not exclusively, within the jurisdiction of the province to both gather and to protect for reasons of provincial and federal privacy laws.

I don’t have an answer for you, but I suspect that the answer is that this is not an area that the federal government would likely have jurisdiction over, but I will certainly make inquiries and report back.

Hon. Marc Gold (Government Representative in the Senate): Senator, thank you for your question and for raising her case, which is unfortunately emblematic of far too many.

Yes, indeed, the mandate letter reaffirms or concretizes a commitment that this government has already made, about which I’ve spoken, to welcome at least 40,000 Afghan refugees. There have been close to 10,000 already processed, and over 5,000 are here. Much more needs to be done, and as quickly as it can be done it will be done. I will be pleased to communicate your questions and concerns to the appropriate ministers.

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question and for quoting what I said in this chamber.

The government’s position that I shared with you remains the same. The government’s priorities for this period were well established and properly communicated. Fortunately, we are doing our part to ensure that the government’s legislative priorities are implemented.

[English]

Senator Gold: Thank you for your questions about the federal government’s position on this bill. The position of this government is clear: It is not removing from consideration measures to intervene in the court proceedings, unlike some other leaders of national parties.

The Government of Canada provides support to Canadians through a myriad suite of programs. To my knowledge, there is no specific program contemplated for those who choose to relocate or whose lives are disrupted because of Bill 21.

Again, members of this chamber know my personal position on the bill. They also know the government’s position on Bill 21, which is that it is an unacceptable interference with the freedom of individuals to believe what they want and to exhibit those beliefs through their dress. It is also the position of the government that it regrets the rather broad invocation of the “notwithstanding” clause. Beyond that, senator, I’m afraid I have nothing more to contribute to your question.

[Translation]

Senator Gold: Thank you for your question. There is no doubt that litigation is an expensive proposition. That is why this government has reintroduced and reinstated the Court Challenges Program, which was eliminated by a previous government. There are mechanisms to support litigants in their efforts to challenge laws — whether provincial or federal — on grounds of alleged Charter violations, and the government is pleased those measures are in place to assist any litigants who qualify.

Hon. Marc Gold (Government Representative in the Senate): Senator Quinn, thank you for your question. The government was very pleased to announce a national supply chain summit to discuss the challenges and strategies which you referred to, and importantly the next steps that will enable recovery for Canada’s transportation supply chain.

With regard to your specific question, the government is very aware of the importance of the port to Canada as a whole, much less the Atlantic provinces and your province in particular. I have been advised that the details of who will be invited and attending have not yet been finalized. I have been advised that different levels of government and different representatives of the industry that have an interest in supply chains and notably — and this was made explicit — ports, rail companies and trucking alliances will be in attendance.

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, I rise today to speak briefly to Senator White’s proposed amendment to Bill C-3, which the government opposes.

I would note for the record that the government carefully considered this issue during the Senate’s pre-study as it sought to proactively respond to the Senate’s concerns. But on policy grounds, the government cannot support this proposal for the following reasons.

[Translation]

I certainly agree with Senator White that we must do everything we can to protect health care workers. They have been nothing short of heroic this entire pandemic and have earned the respect and gratitude of most Canadians. Unfortunately, they have also been subjected to intimidation and abuse.

This problem has been around for a long time, but it was exacerbated and exposed by the pandemic. That is why, during the most recent election campaign, the government committed to making this bill a priority. Seeing as we are debating the bill today, the government clearly followed through.

[English]

Colleagues, it is important to note that health care workers are strongly supportive of this bill. The Canadian Nurses Association told the Social Affairs Committee that Bill C-3 “will help protect health care workers from threats and harassment” and “assist in retaining nurses in the workforce . . . .”

In a written submission, the Canadian Medical Association said it:

 . . . applauds the federal government for taking rapid action and introducing new legislation to protect health workers from threats, intimidation, and violence . . . and respectfully urges Parliament to support its enactment.

Clearly, the people this bill is meant to protect think it hits the mark.

As we have heard, Bill C-3 would create two new criminal offences. The first, intimidation, covers any attempt to provoke a state of fear in order to impede delivery or receipt of medical care. This offence would not be place specific nor time-specific. If you approach a health care worker and say, “Stop vaccinating people, or I’m going to beat you up,” you are guilty of this offence whether you do it at a hospital, private residence or grocery store, wherever. Importantly, it also applies to intimidation that occurs online.

The second offence covers interference with lawful access to a place where health services are being provided by a health professional. This doesn’t have to be just a hospital or a clinic. If health care is being provided in a private home, then it could apply there. If a vaccination clinic is being run out of a school gym, it could apply there. The key element is the provision of health services, not the place itself.

May I also point out that the law also provides considerable protection for private residences, often to a greater degree than public spaces. So depending on the activity in question, a person engaging in intimidating activity at, say, a doctor’s house could be guilty of provincial or territorial property crimes or other offences like trespassing or mischief, again depending on the circumstances.

For these reasons, while I recognize — indeed applaud — Senator White’s intent, I do not believe that the proposed amendment is necessary to achieve his aim.

Honourable senators, that is the government’s policy position, which I wanted to put on the record for your consideration.

However, I would also like to take a moment to contribute my perspective to the process, indeed, to the collaboration which has underpinned the parliamentary process that has unfolded with respect to Bill C-3.

Bill C-3 began as a government bill, but at this stage it is very much a product of all parties in the other place. In particular, I would like to recognize the contribution of Member of Parliament Tom Kmiec, whose Bill C-211 has largely been incorporated into this legislation. These new provisions deal with bereavement leave for parents after the death of a child, which is a personal matter for Mr. Kmiec whose infant daughter died tragically a few years ago. I’m glad we have been able to make this happen.

Senators, I too would have liked the Senate to have more time with this piece of legislation. I understand your concerns. I share them. Yet I do believe that Bill C-3 is also very much a product of the Senate because our pre-study had a very direct impact on the amendments that were carefully negotiated and adopted in the other place. That, colleagues, is one of the precise objectives of a Senate pre-study: to make sure that Senate concerns which surface early can be communicated, in this case through my office and through the good work of the sponsor to the minister and other colleagues in the government who listened carefully and attentively to our concerns and worked hard to answer and address those — and this in a minority Parliament where it was not simply a question of the government saying yes or no to us, but having to negotiate this with other members of other parties in the House. Negotiations, as I know all too well in this place, are never cost-free and don’t always happen overnight.

[Translation]

I want to thank the chairs of the two committees, Senator Jaffer and Senator Omidvar. Thanks to your leadership in facilitating the work, the government and I got the tools we needed to better understand the Senate’s concerns and to try to respond to them, in collaboration with all parties in the other place.

I also thank Senator Yussuff for everything he did on behalf of health care workers and all workers during our study of Bill C-3 and, really, for many years prior to that. He did a great job engaging with senators, listening and communicating senators’ concerns. The substantial amendments that have been made to the bill are a testament to his efforts.

[English]

Honourable senators, one of the government’s publicly stated priority objectives to begin the Forty-fourth Parliament has been to ensure Bill C-3 could receive Royal Assent before the Christmas break so that health care workers could feel more secure as we continue to weather this pandemic and that a modern, paid sick leave policy finally be put into place in federal legislation.

As we stare into another wave of COVID-19, with the Omicron variant spreading across this country, that objective has become more important than ever.

To achieve this goal, the government focused on consensus building and active listening, reaching out across the aisle in the other place and across the way into this chamber. As a result, even though we have received Bill C-3 in this chamber much too late in the calendar, the Senate’s fingerprints are all over it.

I know there is disagreement around the time constraints we face. I know it. Believe me, I hear you. But, honourable senators, how often is it that a bill proposing significant social policy, as well as changes to the Criminal Code, is adopted with the support of all parties, indeed, all MPs in the other place? Not only that, but how often does such a bill come to us with changes adopted unanimously by them that are so clearly reflective of the Senate’s pre-study work and ongoing interventions and communications behind the scenes with the government to transmit senators’ preoccupations?

As Government Representative, I want you to know that I’m very proud to bring this bill to this place. For all of these reasons in my view, Bill C-3, as adopted by the other place and now before us, is very much worthy of our support. Ultimately, I’m sure that we all share the desire to protect health care workers as much as we can. This bill represents significant progress in this regard. Doctors and nurses themselves support the legislation as it is, and they have asked us to pass it as it is. I encourage honourable senators to take their advice.

For that reason, this government cannot support the amendment put forward by Honourable Senator White, and I would invite you to reject the amendment as well. Thank you, colleagues.