Hon. Frances Lankin: I wish to ask a question, Your Honour.

Hon. Frances Lankin: Thank you, Senator White, for your contribution and your amendment.

I agree with you and your concerns about process. I don’t want to talk about that anymore. We have spent more time talking about that so far today than we have about the bill that we’re bemoaning we don’t have enough time to talk about.

Coming back to the bill and your particular amendment, as you have indicated, there is plenty of opinion out there that while these particular provisions to change the Criminal Code may bring light, attention and messages of support, security and concern to health care workers, the actual enforcement actions could have been taken under the existing Criminal Code. Then you bring forward this amendment. I understand your rationale, that if it improves it, why not?

Provinces do most of the enforcement in the jurisdiction area we are talking about. They have access to tools as well. In particular, I’m thinking of the time in Ontario when I, as health minister, and Marion Boyd, as attorney general, brought forward an attorney general’s injunction in response to the bombing of the Morgentaler Clinic and the threatening of doctors in their homes.

What research have you done to see what other provinces have done in terms of enforcement and the necessity, or not, of this? Given all the discussion we have had about perhaps finding a way to make the point on process — but this isn’t the bill for brinksmanship, which I know we are prone to say often — why would you suggest this should be the bill we send back to the House of Commons at this point in time and potentially further delay the impact of this bill, just to get support to Canadians who are in need? Thank you.

Senator Lankin: Thank you, Senator Tannas. I want to say up front that I wish to associate myself with everything you said. I agree with you completely. I would like to say every single senator probably agrees with you, though I don’t know that to be the case, but I would say with certainty the majority would agree with you. Others have spoken to this in other bills and other situations at other times, and it continues.

There is a time for the Senate to engage on this, and I think now it is the time as we look to enter a new sitting in the new year. I would like to ask you if you would be willing to work with other senators, representative of each of the groups, to develop a proposal or a plan for engaging this Senate in a principle statement about what we expect in our relationship with the House of Commons in exchange of information, and to engage in developing a strategy for talking to the federal government; moving, passing a motion; essentially how we move the ball from A to B to get to a place where we are able to do the valuable work. Because one of the things you didn’t say, but I know that you believe, is that unless we are able to do that, Canadians aren’t well served. There isn’t value for the money they are paying for the operation of the Senate, and bills with mistakes, missed opportunities and a profound impact — good and bad — on Canadians will go through this place without the attentive review they need. Thank you for the opportunity to enlist your leadership on this issue.

Senator Lankin: Honourable senators, I will be brief. I agree with the proposition just put forward by Senator Dalphond. I think that the rationale that Senator White put forward to support this amendment was that, in its description, it applies to the second provision in the Criminal Code amendments in this bill — that being the one not barring access to legal health services. In fact, the act of intimidation, as Senator Dalphond just pointed out, is another provision or clause within the bill. That is the one that currently gives protection to people if it is at their home. If they happen to be providing medical health services out of a home office, then the other provision applies as well.

Not only is it perhaps redundant to what protections or provisions are already in the Criminal Code, it doesn’t apply to the same provision that Senator White describes in the fact situation. I think it would suffer from the same complaint and concern that we have about rushing through things in terms of the process that we undertake.

Much of this discussion today has been letting off a little bit of steam around our frustrations with the government’s lack of respect for the necessary process for the job to be done well. I think that’s all the Senate is asking. Everybody wants to get these benefits to Canadians as soon as possible, and everyone recognizes the urgency. Similar arguments could be made in other circumstances that senators have pointed out where this has happened before.

However, I think it would be wrong, from what many people have argued already, to hold this bill up as the particular case example where we’re going to draw the line in the sand. I look forward to participating with Senator Tannas and others in the chamber to find a strategic and tactical way forward in the future in discussing this matter with the government, but I will vote against the amendment that has been put forward, although I understand the point that is being made. Thank you very much.