Senator Batters: Senator Gold, I told your government five years ago that this terrible bill, Bill C-69, was unfixble and would be found unconstitutional:

It intrudes on provincial jurisdiction and violates our Constitution’s division of powers. . . . The Trudeau government keeps shoving its way into matters of provincial jurisdiction.

Your government should have shelved it then but stubbornly refused. Will you shelve it now?

Senator Batters: In your speech tonight you referenced that Russian assets in Canada were thought to be “negligible.” I’m just wondering what basis you have to say that, because I thought that that wasn’t the case. It seems like every so often, when we hear about potential oligarch assets in Canada, we hear that there have been, thus far, relatively limited real results produced by actions taken by Canada’s government.

I actually thought that very little had been seized thus far in Canada. Why do you think that there is just a negligible amount left?

Senator Omidvar: Thank you, Senator Batters. In December of 2021, just before Russia invaded Ukraine, according to the public accounts of Russia, state bank assets totalling $16 billion were located in Canada. Russia subsequently removed $16 billion to Belgium in, as I said, likely a pre-emptive move. This is all public information that I had gleaned.

What I don’t know is if they’ve got anything left outside of, maybe, their embassy here.

Hon. Denise Batters: Senator Gold, last week, the Supreme Court of Canada ruled that the vast majority of Bill C-69 and the entirety of its regulations are unconstitutional. The act has almost 200 sections, and the Supreme Court found only 10 sections acceptable. The court held that the “’designated project’ scheme . . . exceeds the bounds of federal jurisdiction.”

Bill C-69 was an unmitigated disaster from the start. The Trudeau government itself proposed 150 amendments at the House of Commons committee stage. The Senate passed almost 200 more, and the government accepted 99 — mostly government — amendments. Now, Minister Guilbeault says they will do their homework and tweak it a bit.

Enough, Senator Gold. Stick a fork in it; it’s done. It’s time to repeal the whole bill. When will the Trudeau government finally admit their colossal failure on Bill C-69?

Hon. Denise Batters: Senator Tannas, I was hoping to garner a bit more detail about your bill because it is not something I have had a chance to delve into. Usually, at second reading, I hope to hear a bit more detail.

Did you consult with any provincial governments when you were drafting this bill about this very dramatic change to the gaming environment in Canada?

Senator Tannas: No, I did not. I intend to invite provincial governments to come and tell us what impact it will have, but, at the end of the day, this is about sovereignty — for Indigenous and First Nations peoples — and they either have it or they don’t. We either believe in reconciliation, and that they have jurisdiction on their own lands, or we don’t. I know what we will hear from the provinces, and you know what we will hear: It will cost them money. This will come out of their cut of casino betting and other betting that occurs on reserves. We’re going to give them the chance to come and talk about that. Maybe some provinces will see this as a positive step — one that is doable and within their purview to support.

Just as the federal government didn’t consult with First Nations when they gave the power to the provinces, we did consult with First Nations and received the support of the Assembly of First Nations, or AFN, through their gaming subcommittee. They have already started to work on some initiatives in support of this, should it pass — but no, I did not talk to the provinces.

Hon. Denise Batters: Senator Omidvar, I have a couple of questions for you. First of all, as one of 1.4 million Ukrainian Canadians, I want these Russian assets to be quickly and properly seized so that those assets cannot be used to finance Putin’s illegal and brutal war against Ukraine. Could you briefly explain what this bill does that the government legislation you referenced, that was passed in the recent Budget Implementation Act, does not do?

Senator Omidvar: Thank you, Senator Batters, for that question. The bill creates a legal mechanism that would allow the Government of Canada to seize Russian state assets. As I said, there are technically now two rules: one through the court for individual assets and one through executive action. The existing State Immunity Act provides immunity from Canadian courts to all foreign states.

It’s a clarification, I would say, to the proposal that has already been accepted by the Government of Canada.