Hon. Mobina S. B. Jaffer moved the adoption of the report.

She said: Honourable senators, I rise today to speak to Bill S-4, An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures).

In the Standing Senate Committee on Legal and Constitutional Affairs, we held five meetings. We heard from the following witnesses: the Minister of Justice, the Honourable David Lametti, and his officials from the Department of Justice; the Honourable J. Michael MacDonald, representing the Action Committee on Court Operations in Response to COVID-19; Catherine Claveau, la batonnière du Barreau du Québec; Alain Bartleman from the Indigenous Bar Association; Emilie Coyle from the Canadian Association of Elizabeth Fry Societies; Mark Knox, from the Canadian Council of Criminal Defence Lawyers; Eva Tache-Green from Nunavut Legal Aid; Howard Chow from the Canadian Association of Chiefs of Police; Jennifer Gates-Flaherty, from the Royal Canadian Mounted Police; Jason Hope from Correctional Service Canada; Professor Cheryl Webster from the Department of Criminology, University of Ottawa; Professor Nicole Marie Myers from the Department of Sociology of Queen’s University; David Parry, from the Canadian Bar Association; Michael Spratt from the Criminal Lawyers Association; and Shelley Tkatch from Public Prosecution Service of Canada.

We made two amendments to the bill. The first was on the independent review introduced by Senator Cotter. This amendment creates an obligation for the Minister of Justice to initiate one or more independent reviews of remote proceedings in criminal justice matters within the next three years of this bill receiving Royal Assent. A report will need to be laid before each house of Parliament within the five years following the review.

The second amendment, on parliamentary review, was introduced by Senator Dalphond. This amendment requires each house of Parliament, in the fifth year following the Royal Assent of this bill, to refer the provisions to a committee, whether designated or established.

Finally, the committee also made a number of observations. One, we noted that there should be a follow-up study on delays in criminal proceedings, which would complement the 2017 report entitled Delaying Justice is Denying Justice. Two, we observed that remote appearances might increase access to justice, but that these should only be used when appropriate and should not replace in-person proceedings when those would better ensure fair hearings and protect the legal rights of accused persons.

[Translation]

Three, we noted that the use of virtual appearances could expand the ability to access interpreters across Canada who are not locally available during judicial proceedings. This being said, virtual interpretation should not replace in-person interpretation when the latter is necessary to ensure a fair trial.

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Four, the committee observed that some witnesses underscored the importance of protecting the legal rights of accused persons in custody during virtual proceedings, particularly how these apply to privacy, security, confidentiality, and the ability of an accused to confer with defence counsel.

Five, the committee noted that investments in technology and appropriate facilities are needed to ensure appropriate access to proceedings, particularly for participants in remote locations, vulnerable populations, and those who are incarcerated.

[English]

Six, the committee observed that Bill S-4 seeks to perpetuate measures that were established during the COVID-19 pandemic, which have become part of the judicial system and will continue to be used in the administration of the judicial process.

We noted that several witnesses expressed concern about the use of these measures on the fundamental rights of individuals who had been charged or detained, as well as marginalized individuals, victims and witnesses, especially at the stage of presenting evidence. Therefore, the committee considers that the choice of the accused to consent to the use of these measures must be the only factor that triggers their use.

Honourable senators, that concludes our report on Bill S-4. Thank you.

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate) moved third reading of Bill C-25, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2023.

(On motion of Senator Martin, debate adjourned.)

[English]

The Senate proceeded to consideration of the sixth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-4, An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures), with an amendment and observations), presented in the Senate on June 14, 2022.

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question, senator. I do not have an answer at this time. It is because of complicated reasons that people choose to leave their home countries. I don’t have the details of those initiatives, much less the specific answer, but I will make inquiries with the government and report back in a timely fashion.

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of Frédéric Perreault. He is the guest of the Honourable Senator Dagenais.

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

Some Hon. Senators: Hear, hear.

[English]

Senator Coyle: Thank you, Senator Gold. I look forward to that response, because it is very important if we are making an investment for a particular reason, which is to help people stay where they are, to know that the investment is actually going to be an appropriate one to achieve that end.

My supplementary question is: For the 50,000 agricultural workers from the region that Canada plans to welcome, could you tell us about any planned pathways that would allow them to apply for permanent residency if they so choose?

Hon. Senators: Hear, hear!

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of the Inuit Tapiriit Kanatami (ITK) summer youth employment cohort. They are the guests of the Honourable Senator Anderson.

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

The Hon. the Speaker: Honourable senators, when shall this report be taken into consideration?

(On motion of Senator Dean, report placed on the Orders of the Day for consideration at the next sitting of the Senate.)

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, today I have a question for the government leader in the Senate.

Leader, Ukraine has been under constant attack by Russia since February 24. Millions of Ukrainians have been displaced from their homes. Over 4,000 civilians have been killed, including 200 innocent children. Putin’s illegal invasion of Ukraine has threatened food security worldwide. Despite all the misery and death Putin has caused, the Trudeau NDP-Liberal government thought it was perfectly fine to send an official to a fancy party at the Russian embassy last Friday to enjoy a lavish spread of food and drinks.

Minister Joly claims she didn’t know about this, although her office was aware. Even if we believe that, leader — and there is a big “if” there — how is it possible that almost four months since the war began Minister Joly did not make it clear to her staff that attending a party at the Russian embassy is wrong?

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. I am advised, indeed, as you pointed out, that though her office was made aware, the minister was not. The minister has stated publicly that it is totally unacceptable. The Prime Minister has said so as well. As Government Representative, I underline and agree with both of those statements.

Senator Gold: Minister Joly has taken responsibility, and that is a paradigmatic definition of what ministerial responsibility is. Minister Joly represents Canada and defends Canada’s interests in an exemplary fashion. Canada continues to be a strong ally of Ukraine and continues to support it financially, militarily and with humanitarian assistance.

[Translation]

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. I won’t repeat the answer of the minister who was with us earlier this week.

Canada is attempting to do the right and moral thing, and it is doing its very best under the difficult circumstances which were outlined there, including the issuing of visas and other related matters of countries bordering Afghanistan to which some of the Afghans to whom you referred have fled. But Canada is committed to doing whatever it can, it is doing the best that it can and will continue to do so.

Senator Wallin: Senator Gold, we are alone among our allies for not carving out an exemption for charitable work so that payments, direct or indirect, to Afghans do not violate the Criminal Code because we are somehow dealing with a terrorist state. Are we carving out an exemption or making a necessary change to the anti-terrorism law so that this situation can be avoided? What specifically are we doing?

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate) moved third reading of Bill C-24, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2023.

(On motion of Senator Martin, debate adjourned.)

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. I am aware, as we all are, of the announcement of the deal. I don’t have any details. I don’t know the details of the deal, much less of any side deals that may have been made. I will make inquiries, and I will report back when I get an answer.

Senator Gold: I will certainly add that to my inquiries.

Senator McPhedran: Senator Gold, in addition to that inquiry, if you would, please ask for a reason. If we are not sending anyone to represent the Government of Canada to listen, to gather information and to come back, please ask why. Thank you.

Hon. Marc Gold (Government Representative in the Senate): Senator, thank you for your question. Unfortunately, I don’t have any further information than what I was able to provide you in response to your question. I know that time is tight. I will make an effort to get an answer and communicate it to you, either in the chamber or elsewhere, and I will do the best that I can.