SoVote

Decentralized Democracy

Senate Volume 153, Issue 141

44th Parl. 1st Sess.
September 21, 2023 02:00PM
  • Sep/21/23 2:00:00 p.m.

Senator Gold: Every bill is different, raises different issues and requires different points of view to be properly brought to bear on it. So I don’t know what is typical for a very short bill like this, the principles of which — I hope to your satisfaction — I have certainly outlined accurately. The government has made a policy choice, in consultation, not only with all provincial governments but with other stakeholders, to make some additional changes to the existing bail reform system, which already contains measures and reverse-onus provisions for serious crimes. This simply adds to — and, in some senses, perfects or completes — some of the work that was already done by us in the chamber with the bills, which I mentioned, in 2019.

I am confident that the committee will hear from the necessary witnesses and that all points of view will be properly canvassed. Senators will have the opportunity to question not only the minister and the officials, but also those who have different points of view. I have every confidence that our debate in the chamber will be as robust as we choose for it to be.

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The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of Ontario Provincial Police Constable Brett Boniface, Senator Boniface’s son; as well as Grayson and Hudson, her grandsons.

On behalf of all honourable senators, I welcome you to the Senate of Canada.

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Senator Gold: Again, I certainly understand and respect the question. I will certainly bring this to the attention of the relevant minister.

[Translation]

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Senator Gold: Thank you for your question and your comment.

I have confidence in the Senate. I have confidence in the committee that it will develop a work plan that is appropriate to the bill — its content, the issues it raises and its importance. I’m confident that the Senate will strike the appropriate balance as we have always done — at least in this era — balancing the importance of the bill and the support for the bill from those who are seized with the responsibility of living with it — Indigenous and other communities, and provinces and territories — and the need for us to do our constitutional job of providing proper, critical review of legislation before us. That is what is before us, and I have every confidence we will do the job Canadians expect us to do.

[Translation]

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  • Sep/21/23 2:00:00 p.m.

Senator Gold: Thank you for your question. It’s a fair question. I think that’s a question that should be explored at committee and posed to the officials as to why specific mention was made not just simply of Parliament but of the Standing Committee on Justice and Human Rights in the House of Commons, which is typically the place in the other place that deals with these matters.

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  • Sep/21/23 2:00:00 p.m.

Senator Pate: Thank you very much for that question and suggestion. I would agree. Certainly, the findings coming out of numerous inquests into the deaths of women, particularly Indigenous women, but also the Mass Casualty Commission, really point to the need to do more of that work and understand how countercharging and the vilification of the victim has actually backfired, particularly when it comes to those who are intersectionally disadvantaged, whether it’s by race, gender, identity or poverty.

While there have been great strides made in awareness about these issues — I have certainly met individual police officers and I know of excellent police policies, they are not always followed. It’s often more unusual to see — and I think I have spoken about those previously in this chamber — when really exceptional work has been done by police officers. It shouldn’t have to be the exception, and I think that’s one of the areas that we need to examine. This kind of approach doesn’t come close to addressing the overarching issues that contribute to those situations.

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  • Sep/21/23 2:00:00 p.m.

Senator Wallin: We have made a promise and a commitment, and the President of Ukraine is arriving tomorrow. This is a question that can be solved. Can you put some kind of timeline on it? I have one constituent who has been waiting without a cent coming into his pocket since June 15, having filled out every form, having paid his own way and living off the kindness of strangers in our community.

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Senator Gold: Thank you for the question. I certainly will bring these to the attention of the minister. I can also tell you that I have the personal experience to which you refer of someone who on approximately the same timeline is still waiting for resolution. I understand these things take time and I understand the frustration and difficulty that the delays or the times imposed. The government is working as hard as it can to address them.

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Senator Gold: The extension of the loan repayment to Canadians is an example of this government being sensitive to the fact that though the payments were necessary for many thousands of businesses and, indeed, critical in helping our economy weather this storm, circumstances have made it difficult for many to repay it. That is why the government is extending the time in order to give companies a longer period of time to repay and take advantage of the benefits that the program provides.

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Senator Batters: The Department of Justice actually would have this information, or absolutely should have this information, as they draft such a bill, because all we’re looking at are the types of offences and the number of years that an offence would potentially be subject to. If you don’t know the answer, that’s fine, but can you please get us the answer as soon as possible, particularly as you are looking for very quick passage? You are the Senate sponsor of this bill and the government leader in the Senate.

The Department of Justice absolutely would have done such an assessment to determine how many potential offences this type of bill would cover. Could you please get us that information as soon as possible?

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  • Sep/21/23 2:00:00 p.m.

Senator Housakos: Will your government commit to getting rid of that carbon tax?

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Senator Gold: Decisions were made in the past and are being made today about what images appear on our passport. The images that you mentioned are important, but there were many others that were invisible in the previous design. The decision was made to ensure that the passport better reflects Canada, and not just one image in particular. The government understands that there has been grumbling in some circles. Let’s not forget, however, that when the last passport was put in place with the images you described, there was also discontent because some people didn’t see themselves in those images. There will always be differences of opinion on the symbols used. The government made a choice and followed the rules to ensure that the passport is more inclusive and better reflects our country’s diversity.

[English]

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  • Sep/21/23 2:00:00 p.m.

Senator Gold: It is simply not the case that the Prime Minister is appointing “supporters” of him. He has named three eminent, qualified senators who are not identified with any political party. NSICOP has members of the Conservative Party and all opposition parties in the chamber. It is a well-rounded, diverse and extremely competent body that has served Canadians well.

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  • Sep/21/23 2:00:00 p.m.

Senator Gold: The government takes very seriously the impact of the criminal law and the criminal justice system on Canadians and is very aware — as we all are — of the disparate impact that any otherwise neutral law has on those with means and those without. Independent of whether it’s a reverse onus, if you have the means to have a good lawyer, you’re going to navigate the system far better than if you’re impecunious. That’s a fact of life in our society.

This government has taken these issues very seriously, and again — at the risk of saying more than is necessary at second reading — to its credit, as compared with previous governments.

That said, this builds upon an existing body of law in the Criminal Code and an existing body of law in our courts that recognize that it’s appropriate, at times, to reverse the onus because otherwise the risk to public safety, individuals and communities is unreasonably compromised, potentially. Judges always retain the same discretion, for better and for worse, in the face of someone accused of a crime in applying for bail.

These are proper questions for the committee, proper questions for the minister and the officials and for the other witnesses, but I am assured that the government is taking these considerations very seriously and believes that the collateral impact of these changes, modest though some of them may seem — and some of them are, as I explained in my speech — will not materially change what is the unfortunate disparate impact of our criminal law on those with more and less means.

[Translation]

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  • Sep/21/23 2:00:00 p.m.

Senator Gold: Thank you for the question. It’s a fair question. I am not in a position to explain the delays in getting the information that you’re seeking; however, once again, I will do my best to try to facilitate the discharge of that information.

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  • Sep/21/23 2:00:00 p.m.

Hon. Senators: Hear, hear!

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  • Sep/21/23 2:00:00 p.m.

Senator Carignan: I do not see how a two-month passport will improve security.

One of the characteristics of this new passport is that it no longer contains the historic and iconic images of Canada. We no longer see the Vimy monument, the Chateau Frontenac, or our national hero, Terry Fox. We are now known as the country of snowflakes and little squirrels. Clearly, the use of new materials for the passport is a failure and we suspect that the work was botched and the appropriate testing was not done. Leader, why do Canadians have to spend a fortune on consultants, simply because the Trudeau government insisted on erasing pages of our history, not to mention a cost overrun of nearly 100%?

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  • Sep/21/23 2:00:00 p.m.

Senator Gold: Yes, I can offer you those assurances, senator, and thank you for the question. I’m told that Canadian officials are in contact and providing consular assistance to the Canadians and their families.

[English]

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  • Sep/21/23 2:00:00 p.m.

Senator Miville-Dechêne: Let me see if I can coax a little more information out of you anyway. Maybe, maybe not. This man is a Canadian citizen, a graduate of the Université de Montréal and the University of Ottawa. He married a Quebecer. He has a 4-year-old daughter. I understand the need for discretion, but my request today is simple. Can you assure us that the government will not ignore this case, that it will not be forgotten?

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Hon. Senators: Hear, hear.

(On motion of Senator Pate, for Senator McPhedran, debate adjourned.)

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