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Decentralized Democracy

Senate Volume 153, Issue 14

44th Parl. 1st Sess.
December 17, 2021 10:00AM
  • Dec/17/21 10:00:00 a.m.

Hon. Brent Cotter: Honourable senators, I’ll try to be brief and, in a sense, follow up on Senator Dalphond’s observations.

In some of the discussion in the Legal Committee, there were some who suggested that this legislation is somewhat performative and that it wasn’t absolutely critical. I support the legislation as much as anything and the message that it conveys. I accept the view that Senator White’s amendment is to try to strengthen the legislation, but I don’t think, to be fair, it would make much difference, even if Senator Dalphond were incorrect. I think he’s right about the concerns of accidentally narrowing the scope of an offence.

My point is slightly different. If you look at the rest of the Criminal Code — and I’m going to name four different provisions: uttering threats, mischief, criminal harassment and intimidation. In my view, each one of these applies exactly and directly to the concern that Senator White would like to see addressed in this provision. My sense of what will be the most critical is not so much a slight tweaking of this provision, but, in circumstances that warrant it, that the police and prosecutors move forward proactively to address the circumstances that, among others, Senator Downe spoke so forcefully about.

I think the best thing to do is to vote against the amendment, confident that the Criminal Code already does the job we need and that this provision will help a little. That’s my view. Thank you.

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  • Dec/17/21 10:00:00 a.m.

Hon. Hassan Yussuff: Honourable senators, I would like to speak to the amendment proposed by my honourable colleague Senator White. I would like to thank him for his friendship and equally thank him for sharing his perspective with me.

I understand his desire to ensure that the bill captures all possibilities to protect health care workers from intimidation. I don’t think there is a single senator in this chamber who doesn’t agree with him, but I believe that this bill, along with other sections in the Criminal Code, cover my colleague’s concern regarding intimidation offences. Therefore this amendment is unnecessary, and I won’t support it.

The new intimidation offence created by Bill C-3 is meant to address circumstances where a health care worker or a person seeking health care services is subjected to any intimidating conduct. This could include threats or other forms of violence that are intended to provoke fear; interference with the duties of a health care worker; or, impeding a person from receiving health care services. While the purpose of the act of intimidation made to the health care worker must provoke fear and render them unable to perform their duties, the act of intimidation does not need to be done while the person is in the performance of their duties.

The act that is intended to provoke fear can be done anywhere, at any time, either in person or online or by any means. Consequently, it does not matter legally where the health care professional is when they are intimidated. The proposed amendment to include “in any place” with respect to the new intimidation offence is therefore redundant. This is why I think we shouldn’t support the amendment. Thank you.

[Translation]

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  • Dec/17/21 10:00:00 a.m.

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, before I turn to my text, a few words of apology are in order — first to Senator Woo, because I will be using a poem, or at least the structure of a poem, that he elegantly used on a previous occasion. I feel duty bound to offer my apologies as well to the Yeatses and Shakespeares of the world for what I’m about to do to the English language — and to Molière as well, as you’ll see in a moment.

The other thing that I would invite colleagues to do is indulge in a bit of poetic licence. I thought I would be giving this at night, perhaps even last night. So although I have made a few changes and without further apologies, my remarks to you all and those watching.

’Twas the night before rising, when all through the Senate,

The bills kept a-comin’ because the House didn’t get it.

They’d come to agreement and left to go home,

Not thinking of us down the street all alone.

We messaged and called and texted between us,

Sorting out how to law-make without all the fuss.

The studies got tabled and speeches were heard,

We did what was needed to push them to third.

We finally saw that the end was in sight,

The clock said we had one more hour to midnight.

While waiting for Rideau to give us its “yea,”

I know there was one more thing I’d yet to say.

Since COVID has kept many locked in a room,

Wearing masks and distancing and speaking through Zoom,

I owe you all a warm virtual kiss for getting it done, leaving nothing amiss.

[Translation]

There are one or two who deserve their own mentions,

They know this place well, the rules and conventions.

They help or they hinder, depending on the day,

It’s part of my job. Do I like it? I’ll say!

[English]

There’s Gagné and Benson and Plett and Pau Woo,

And Cordy and Tannas and Housakos now too.

To some I say thank you, and I mean this sincerely,

On days like this, we can see things most clearly.

We’re here for our country; we want what is best,

Our goals are the same; it’s not a contest.

Our families are waiting, so let’s get on our way,

Happy Holidays to all, and to all a very good day.

[Translation]

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  • Dec/17/21 10:00:00 a.m.

Hon. Leo Housakos (Acting Leader of the Opposition): On behalf of the official opposition, I would like to thank all our colleagues for their commitment, their cooperation, and their love for our great country, Canada. Thank you to all the leaders and the leadership of all Senate groups. In a very short period of time, just three weeks, we have accomplished a great deal as we kicked off this Forty-fourth Parliament. We have referred several public bills to committee for study, and we have referred several more to the House of Commons in the spirit of cooperation. I hope we’ll all keep up the enthusiasm and the same cooperative spirit as we continue our work in the new year.

[English]

I imagine, colleagues, in large part the last few weeks of cooperation is probably due to the spirit of Christmas. Of course, in the spirit of Christmas, we celebrate the birth of Jesus Christ, but also we celebrate giving and sharing with our loved ones and friends. We also spend the time just before Christmas reflecting on all the joys and wonderful things we are blessed with, but also reflecting on all the challenges that this country faces. Just last year, we were wrapping up for Christmas with a note of cautious optimism for the new year. We have taken some steps forward and some backward, but we will rise again with more hope and optimism for the coming new year.

We should also take time to reflect on the 30,000 Canadians who have perished during this existential crisis that our country is facing. We should take the time to reflect on the three colleagues we lost in this institution over the last 12 months, our dear friends and colleagues: Senator Elaine McCoy, Senator Josée Forest-Niesing and Senator Judith Keating. Over the last few months, I have thought about them on a number of occasions.

We think about our colleagues who are alive and doing well but have retired throughout this year: Senator Doug Black, Senator Linda Frum and Senator Carolyn Stewart Olsen.

We celebrate the coming of some of the new blood and talent as well.

I would also be remiss if I didn’t say goodbye to my colleague and friend Senator Thanh Hai Ngo, who is retiring on January 3. He left this place earlier today with the quiet humility he entered with many years ago, but he did work with vigour and dynamism in this place, supporting the things that were dear to his heart. He is a very respected member of the Vietnamese-Canadian community and respected by his colleagues. We wish him well.

I don’t want to take up any more time. I want to thank the leaders of the caucus and groups for their generosity in working with me for the last few weeks.

I want to thank all the administration of the Senate, each and every one of them. Without their support, we can’t do what we do here.

I want to thank Your Honour and the Deputy Speaker for steering the ship and doing their job with dignity and impartiality.

Merry Christmas to all. All I wish for everyone is health, health and more health in the new year.

[Translation]

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  • Dec/17/21 10:00:00 a.m.

Hon. Raymonde Saint-Germain: Dear colleagues, as this fall session comes to a close, I have mixed feelings of sadness and optimism. First, I would like to express my condolences to our colleagues who lost family members this year. My thoughts are with the families of our three colleagues who passed away: Senator McCoy, Senator Keating and Senator Forest-Niesing. I am also thinking of our colleagues who can’t be with us at present because they are ill.

I would also like to highlight, as Senator Housakos just did, the service of an eminent colleague who will be leaving us early in the new year. Senator Ngo served this institution for 10 years with elegance and distinction. Senator Ngo, I will miss your elegant turns of phrase, particularly in the language of Molière. We wish you all the best for a satisfying retirement.

Dear colleagues, this ongoing pandemic has not allowed us to serve our fellow Canadians as well as we would have liked. We have to acknowledge that it also made it harder to hold our debates. It definitely hampered relations and discussions in the Senate Chamber and in the committee corridors. These discussions are important for collegiality and the quality of our working relationship. That is the harsh reality, but the silver lining is the optimism now being expressed in these end-of-year greetings.

We have accomplished a lot, despite everything, to serve the cause of justice and peace in our country and around the world. That is our duty, a duty the Chair reminds us of every day in our moment of reflection at the beginning of the sitting. That is why, on this positive note, I want to acknowledge some of our accomplishments on contemporary issues over this pandemic year, 2021. These accomplishments are having a major impact on the lives of Canadians. I am thinking about the bill that became law on medical assistance in dying, the bill on the United Nations Declaration on the Rights of Indigenous Peoples, the creation of a National Day for Truth and Reconciliation and, more recently, the ban on conversion therapy. I won’t keep going, but there are other major accomplishments that we should celebrate as this fall session comes to an end.

That said, colleagues, we must not let this pandemic get the better of our democracy. I have faith that we will be able to put technology to good use and agree to meet as often as we can, both in the Senate and in committee, for as long as necessary. I suggest that we make this a group New Year’s resolution. I truly hope that we can keep this resolution in 2022 and that it won’t end up like other resolutions to diet or work out five times a week. I am all the more confident that we will keep this resolution based on what I have heard here today, about the importance of properly fulfilling our role as the chamber of sober second thought.

[English]

I will conclude by thanking all those who work every day behind the scenes with competence and dedication to help us fulfill our demanding mandate. To those in the Senate Administration, in our chamber and committees, and our staffers as well; to all of you, our deepest gratitude.

On behalf of the Independent Senators Group, I wish everyone a happy holiday season as well as a safe and peaceful resting time. Thank you.

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  • Dec/17/21 11:50:00 a.m.

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

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  • Dec/17/21 11:50:00 a.m.

The Hon. the Speaker: Are honourable senators ready for the question?

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