Hon. Mary Jane McCallum: Therefore, honourable senators, in amendment, I move:

That Bill S-5, as amended, be not now read a third time, but that it be further amended in subclause 9(3) (as amended by the decision of the Senate on June 21, 2022), on page 5, by adding the following and repositioning and renumbering accordingly if required:

Some Hon. Senators: Nay.

Hon. Kim Pate: Honourable senators, the government’s goals for Bill C-5 are laudable. I repeat, they’re laudable goals, and I support them. Regrettably, Bill C-5 will not significantly reduce the number of federally imprisoned Black or Indigenous people, most especially not Indigenous women.

In the 1999 Gladue decision, the Supreme Court declared the overrepresentation of Indigenous peoples in prisons a national crisis. At the time, Indigenous people represented 10.6% of the country’s federal prison population. Today, that percentage has risen to 32%. Even worse, Indigenous women now make up half of all women in federal prisons, and 1 in 10 federally sentenced women are Black.

In 2015, Prime Minister Trudeau tasked the Minister of Justice with decreasing the number of Indigenous people in prison and repealing mandatory minimum penalties in accordance with the Calls to Action of the Truth and Reconciliation Commission, or TRC, which directed:

. . . the federal government to amend the Criminal Code to allow trial judges, upon giving reasons, to depart from mandatory minimum sentences. . . .

This and reconciliation remain within the mandate of the Minister of Justice. Bill C-5 will not meet these goals and falls far short of the TRC Call to Action 32 and the subsequent Calls for Justice 5.14 and 5.21 of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Mandatory minimum sentences are a primary contributor to Indigenous and Black overrepresentation in prisons. As the Missing and Murdered Indigenous Women and Girls inquiry brought into stark relief, Indigenous women do not receive just, fair or equitable treatment under the law. This is Canada’s legacy. The TRC and Missing and Murdered Indigenous Women and Girls inquiry traced Canada’s history of abuse and mistreatment of Indigenous peoples from the ongoing effects of colonialism, including the legacy of residential schools, which reveals itself in the current realities of mass incarceration.

Clearly, urgent action is needed to address this crisis. Bill C-5 will remove mandatory minimum penalties for some drug offences, some firearm offences and one tobacco-related offence. But most mandatory minimums will remain on the books, including the mandatory life sentence for murder. By removing only some mandatory minimum penalties, we are effectively sanctioning continued injustice in Canada.

Retaining the vast majority of mandatory minimum penalties is said to be justified on deterrence grounds. This logic often resonates with people because of a view that long, mandatory sentences will prevent people from committing crimes. If this were true, punishment would not have been abandoned in virtually every other sphere, from parenting to educating. More to the point, if it were true, then we should expect that the United States — the leader in the proliferation of mandatory minimum penalties — would be the safest, most crime-free country in the world.

Yet the deterrent effect of mandatory minimum penalties has been debunked as a myth. The government’s own research reveals that mandatory minimum sentences do not deter and are less effective than proportionate sentences reached through the exercise of broad judicial discretion. I want to thank Senator Cotter for outlining what exactly that means.

In 1952, the Royal Commission on the Revision of the Criminal Code concluded that all mandatory minimum sentences should be abolished. For at least seven decades, experts, commissions of inquiry, judges, community-based advocacy groups and reconciliation commissions have advocated for the repeal of mandatory minimums.

Instead, in this bill, we see the repeal of a select few mandatory minimum penalties. It will barely put a dent in the overincarceration of Indigenous and Black people, not only because it will apply to so few offences but also because mandatory minimum sentences add jet fuel to discrimination and discriminatory law enforcement and prosecutorial practices, magnifying the impact by preventing sentencing judges from addressing the context of offences and the ways in which the criminal legal system replicates and deepens discrimination.

Mandatory minimum sentences coupled with biased police response, investigation and charging practices create miscarriages of justice. For vulnerable populations, interactions with the police are often intimidating and traumatizing. Experiences of force and abuse from authorities begin at a young age for many Indigenous women, often in times when they need support and protection, and that abuse can continue into adulthood.

When police are called but disbelieve Indigenous women, not only are Indigenous women further traumatized, but too many are left to protect themselves. If they have used any force reactively — even defensively — they are likely to find themselves criminalized and imprisoned.

Too often, colonial attitudes held by members of the legal system regard Indigenous women as more blameworthy than others and deserving of harsh punishment by the justice system. This has been labelled as hyper-responsibilization and is a phenomenon experienced by many, particularly the 12 women recently profiled in our report.

As was also noted in The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, the Canadian legal system:

 . . . criminalizes acts that are a direct result of survival for many Indigenous women. This repeats patterns of colonialism because it places the blame and responsibility on Indigenous women and their choices, and ignores the systemic injustices that they experience. . . .

— and which directly contribute to the behaviour for which they are criminalized.

Mandatory minimum penalties shackle judges, forcing them to impose sentences of incarceration that do not appropriately reflect the context, circumstances or legal blameworthiness of the accused or the abuse they may have experienced within the law enforcement process.

Mandatory minimums break with Canada’s historical trust of our judiciary that granted them discretion in sentencing. Before the fervour for mandatory minimum sentencing started sweeping across our criminal laws in 1995, judges were entrusted to develop individualized sentences that balanced the gravity of the offence against the culpability and circumstances of the accused. When the Criminal Code was first enacted in 1892, it contained six mandatory minimum penalties. Until 1995, the number of mandatory minimums remained constant at around 10.

Now there are more than 70 offences carrying mandatory minimum penalties — this in spite of the fact that judicial discretion in sentencing is overwhelmingly supported by Canadians. In 2017, in a report commissioned by the Department of Justice, 9 out of 10 Canadians wanted the government to consider giving judges the flexibility to not impose mandatory minimum sentences.

The bill does not respond adequately to the judicial decisions that have found mandatory minimum penalties in violation of the Canadian Charter of Rights and Freedoms.

One glaring omission is the failure to deal with the mandatory minimums regarding parole ineligibility for murder, which is particularly important for reducing the overincarceration of Indigenous women. The sentence of mandatory life, in combination with parole ineligibility for at least 10 years for second-degree murder, and 25 for first-degree murder, was the trade-off for the abolition of the death penalty.

Even then, a key component of the parole ineligibility period was a provision allowing for a special judicial review and a five‑step process to which a person may seek access after they have served 15 years of a life sentence. The provision was colloquially referred to as a “faint hope clause” of the Criminal Code.

The significance of the faint hope clause was considered by the Supreme Court of Canada in 1990 when the constitutionality of the mandatory life sentence was challenged. The Supreme Court at that time rejected the challenge and upheld the mandatory sentence on the basis that the faint hope clause preserved the constitutionality of the life sentence for murder.

In 2011, the Conservative government repealed the faint hope clause, thereby further limiting opportunities for parole and rendering the mandatory minimum unconstitutional.

Moving forward, we must consider that last year, on the first National Day for Truth and Reconciliation, Prime Minister Justin Trudeau gave a speech saying that:

Today, we . . . recognize the harms, injustices and intergenerational trauma that Indigenous peoples have faced — and continue to face — because of the residential school system, systemic racism, and the discrimination that persists in our society.

Colleagues, it’s time for us to do our job. Let’s help the government along this path by making Bill C-5 fit for purpose.

Meegwetch, thank you.

[Translation]

(Response to question raised by the Honourable Brian Francis on April 5, 2022)

The Government of Canada has supported the sector through the $28 million Surplus Potato Management Response plan. Business risk management programs such as AgriInsurance, AgriStability, and AgriInvest also remain available to potato producers to manage business risks. A producer with an AgriInvest account may also draw upon funds to support a transition to other crops.

As an additional tool to enhance compliance restrictions and reduce the risk of spreading potato wart, Prince Edward Island producers who are required to dispose of their seed potatoes may be eligible for compensation under the Potato Wart Compensation Regulations if they meet the eligibility criteria provided in the regulations. A grower can submit their compensation application once disposal of potatoes is verified.

Details on the compensation application process for seed potato growers were shared at a meeting held by the Government of Canada on April 22, 2022. The Government of Canada is scheduled to meet with P.E.I. growers on June 16, 2022, to further discuss this topic.

(Response to question raised by the Honourable Stan Kutcher on April 26, 2022)

The federal health portfolio, in collaboration with various partners, is addressing the issue of post-COVID-19 conditions through investments in research and surveillance, sharing of the latest scientific evidence and the development of information and guidelines to support affected health professionals and Canadians.

The Public Health Agency of Canada (PHAC) is collaborating with paediatricians across Canada and with the Canadian Paediatric Society (CPS), who works closely with various countries through the International Network of Paediatric Surveillance Units on a surveillance study of post-COVID-19 conditions. PHAC is also collaborating with the United Kingdom National Institute for Health and Care Excellence to share evidence and preferred practices, and with impacted Canadians to inform the development of evidence-based guidelines and tools. Through Budget 2022, PHAC committed approximately $17 million in the development of these tools for health professionals and citizens. The Canadian Institutes of Health Research (CIHR) has invested over $410 million to fund targeted short- and long-term research studies on post-COVID-19 conditions that span biomedical, clinical, health systems and services and population health topics.

Additionally, the federal government will be part of discussions regarding international cooperation in addressing this issue at the G7 Science Ministers meeting in June 2022.

(Response to question raised by the Honourable Mary Coyle on May 10, 2022)

Infrastructure Canada (INFC) is committed to continuous improvement of all of its infrastructure programs and tools, including the Climate Lens.

INFC is developing a detailed action plan for implementation of its responses to the recommendations in the commissioner’s report. INFC is continuing to improve the Climate Lens by integrating climate considerations directly into project applications, enhancing its review process of climate outcomes, and developing user-friendly guidance for applicants, including sector-specific guidance.

These actions will start as soon as this summer, with the publication of sector-specific guidance and documentation of the internal review process in more detail.

As new programs are developed, INFC will continue to integrate clear requirements to provide information on greenhouse gas (GHG) emissions and resilience outcomes in the program application process.

The commissioner’s report highlighted some very positive progress that has been made under the Green and Inclusive Community Buildings (GICB) Program. This includes the integration of clear requirements to provide information on GHG emissions and resilience outcomes, and the requirement to use a standardized tool to estimate energy savings and GHG emissions reductions.

Hon. Patricia Bovey: Honourable senators, before we rise for the summer, and our work in the regions begins, I want to update you on several initiatives from over the past year. They are exciting and empowering. One provides Inuit art and artists with new opportunities. Another will give Canada’s Black artists new exposure to audiences and profile at home and abroad.

Yesterday, on Indigenous Peoples Day, the Inuit Art Foundation and the Canada Council for the Arts made a groundbreaking announcement. Together, after years of Inuit artists’ lacking equal access to the funding opportunities of southern artists, a much-needed, national, Inuit-specific, multidisciplinary granting pilot program has been developed in the spirit of self-determination.

Launching next winter, 2022-23, it will support the Inuit Art Foundation’s work with Inuit communities throughout Inuit Nunangat and in the south. Distributing over $100,000 in its first year, it will assist Inuit artists in every aspect of their careers, self-expression and self-determination across disciplines. It will increase access to and awareness of artists’ work in both private and public milieus. It will give greater access to art markets at home and abroad. The project also offers capacity-building opportunities for Inuit program officers and assessment juries. Inuit community feedback will ensure artists’ needs will be met. Inuit art was Canada’s face abroad for years. I am delighted it will be again.

Simon Brault, Director and CEO of the Canada Council for the Arts, said:

. . . Inuit artists, we intend to enable the pursuit of sustainable careers in arts and culture and to contribute to capacity building within communities across Canada.

Another major initiative grew from the work of Canada’s Black content steering committee for Canada’s participation in the Pan African Heritage Museum, opening in Ghana next year. A newly formed collective, Canadian Black Artists United, is launching its inaugural event at the Canadian Museum for Human Rights in Winnipeg this Sunday.

Artist Yisa Akinbolaji, whose work was in the Senate’s first Honouring Canada’s Black Artists presentation, is their inspiration. I am honoured to be their guest speaker. The leadership of Black artists from across this country who work in all disciplines and with whom I have been working closely these past several years has been stellar. Canada’s contributions to the virtual and actual exhibitions of the Pan African Heritage Museum will be exciting, honest, challenging and innovative, as they look to the past, present and future.

Colleagues, I thank all involved in both these initiatives for their dedication, tenacity and vision as they ensure these empowering steps to more equitable and sustainable careers.

Hon. Senators: Hear, hear!

[English]

Hon. Pierre-Hugues Boisvenu: Honourable senators, I would like to thank you all for the messages so full of sympathy and human warmth that I have received since yesterday.

[Translation]

Tomorrow night, June 23, marks 20 years since my daughter Julie was abducted while walking to her car after celebrating her promotion to manager at a Sherbrooke company. She was held captive, raped and murdered by a repeat offender. Her body was found 10 days later in a ditch outside the city.

Twenty years ago, this tragedy forever scarred an entire community. Since then, I have dedicated my life to victims of crime, to their families, and to defending their hard-won rights. This tragedy was the reason I was appointed to the upper chamber.

I have always believed that parents do not choose their children, but that children choose their parents. From the first night she disappeared, I knew deep down that Julie was gone. I knew she would never come back, and I believe that she was steering my life towards something other than a quiet retirement, as I used to say at home.

Julie would be 47 years old today. She would probably be an accomplished wife and mother. I often imagine what my life would have been like if I had not lost my daughters, but I can’t imagine my life without the mission that their tragic and untimely departures instilled in me, that is, a need to reach out to families who have had a loved one brutally stolen from them.

Julie taught me so much, in life and in death. She possessed strength of character and never looked back despite facing the kind of tremendous challenges that can prevent us from putting our lives, our dreams and ourselves back together. Her strength inspires me to keep working for victims involved in our justice system and to support victims’ families. I am driven by hope and by love for life itself. We can offer them serenity only if we are not inhabited by anger, rage and a desire to take revenge on the offender.

Julie, my dear child, you left us 20 years ago, but it still feels like yesterday. To me, your face has not changed. Your strength of character and your love of life are always with me. Our father-daughter conversations in the backyard over an after-dinner glass of wine are forever etched in my memory.

Julie, I am proud of what we have accomplished for victims by creating the Association des familles de personnes assassinées ou disparues, supporting families and making changes to justice systems. We adopted the Canadian Victims Bill of Rights to give victims rights and a voice.

With these few words, I want to say a big thank you for being part of my life and the lives of your family and your many friends, although our time together was far too short. Thank you on behalf of the families I have supported after they experienced their own tragedies. There are so many such families that I have lost count.

I have another 20 months of work ahead of me in the Senate, and I still have things I want to accomplish with my honourable colleagues. Our commitment to do more to protect women who are victims of domestic violence will be a full-time endeavour. So many women are in need of help, protection and support. Together, we will do our best to support them and save lives.

Julie, thank you for joining me on this mission, our mission, and for guiding me towards the victims and their families to ensure that their voices are heard, as well as yours, so they are never forgotten. I am proud of you and your sister Isabelle, and I always will be. Julie, 20 years have passed since you left this earth, but time has no meaning for a father, and you will always be my little darling.

Thank you for everything, my dear. I love you.

Senator Plett: Of course, leader, we are all aware of the denials that are coming fast and furious over there, and people are being thrown under the bus as fast as they can.

Senator Gold, you might not like our questions, but there is no excuse for the lack of information you are providing, and this is no information on this important issue. The types of answers the government gives makes a mockery of accountability.

This is the testimony, leader, of Lia Scanlan, communications director for the Nova Scotia RCMP:

The commissioner releases a body count that we (Communications) don’t even have. She went out and did that. It was all political pressure.

Leader, she continues, “That is 100% Minister Blair and the Prime Minister.”

Again, these are not my words but Lia Scanlan’s, “And we have a Commissioner that does not push back.”

Leader, why did the Prime Minister and Minister Blair talk to the commissioner about releasing information on the number of victims during an active police investigation?

Senator Gold: Thank you for your question.

The government has been very clear from the outset that it does not support Bill 21, notwithstanding that Bill 21 appears to be within the jurisdiction of the province. It does not support it because of its infringement on fundamental rights. The government has been clear about that. The Prime Minister has been clear about that from the outset.

Indeed, the Prime Minister was the first to even discuss the possibility of intervening in court cases when leaders in all other parties were reluctant to say a word.

More recently, the Prime Minister has made it clear that he will intervene. In that regard, Senator Loffreda, I think the government can stand proudly on its record for defending minority rights in this country and doing its part within its jurisdiction and within the division of labour between our institutions to stand up for Canadians’ rights.

Hon. René Cormier: Honourable colleagues, as we prepare to return to our home regions to be with our families and friends, I want to share a few thoughts with you on our national celebrations, which bring us together and give us an opportunity to recognize and celebrate the diversity of our Canadian culture.

Yesterday, we celebrated National Indigenous Peoples Day. In a few days, we will be celebrating the national holiday of Quebec and the Canadian francophonie, and then we will have Canada Day on July 1.

I would like to add an important holiday to that list, National Acadian Day, which is August 15. It is a day to recognize, affirm and celebrate the place that the Acadian people occupy in our country, while reminding everyone of the role this francophone nation has played in shaping Canada and its international diplomacy.

The president of the Société nationale de l’Acadie, an organization that represents the Acadian people on the national and international stages, noted the following in a brief submitted to the Standing Senate Committee on Official Languages, and I quote:

The international success of the Acadian people shows the way forward for the renewal of cultural diplomacy policy in Canada. . . .

Cultural diplomacy has been central to the Acadian national project for a century and a half. It is by forging links with the francophonie, including Quebec, France and the international Francophonie, that we have asserted ourselves as a people within the Canadian federation. . . .

In fact, with its Acadian World Congresses, its partnerships with Louisiana, Quebec, Saint-Pierre and Miquelon, and Belgium, its membership in the Organisation internationale de la Francophonie, or OIF, the creation of SPAASI, the strategy for the promotion of Acadian artists on the international stage, and the creation of OMIA, the office for international mobility in Acadia, the Société nationale de l’Acadie is an active and effective leader in Canada’s civil and cultural diplomacy.

According to her December 2021 mandate letter, the Minister of Foreign Affairs has the following responsibility, and I quote:

Celebrate Canada’s unique francophone cultures through the promotion of the French language across our diplomatic missions and in our work to transform the Organisation internationale de la Francophonie.

The Acadian people and the Société nationale de l’Acadie are essential partners in this important mission. I fervently hope that the Government of Canada will fully recognize the monumental work being done in this regard by the Acadian people.

In closing, dear colleagues, I want to wish each and every one of you a peaceful and relaxing summer. I hope that, when the bells ring out for the Grand Tintamarre on August 15 and Acadians peacefully take to the streets to celebrate their existence and their contribution to the world, when men, women and children from all walks of life, all genders and all identities merrily bang on pots and pans and play improvised instruments to show that they belong to this proud people, the whole country will vibrate with joy. I hope you will all take part and that your hearts will be filled with gratitude for this people, who have been helping to build our magnificent country since 1604, a country where, despite what some may say, we are free to be ourselves, no matter our identity, background or origins. Thank you.

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate): Honourable senators, I give notice that, at the next sitting of the Senate, I will move:

That, until the end of the current session, any return, report or other paper deposited with the Clerk of the Senate pursuant to rule 14-1(6), may be deposited electronically.

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, I give notice that, at the next sitting of the Senate, I will move:

That, notwithstanding any provision of the Rules, previous order or usual practice:

1.if the Senate receives a message from the House of Commons with Bill C-28, An Act to amend the Criminal Code (self-induced extreme intoxication), the bill be placed on the Orders of the Day for second reading on June 23, 2022;

2.if, before this order is adopted, the message on the bill had been received and the bill placed on the Orders of the Day for second reading at a date later than June 23, 2022, it be brought forward to June 23, 2022, and dealt with on that day;

3.all proceedings on the bill be completed on June 23, 2022, and, for greater certainty:

(i)if the bill is adopted at second reading on that day it be taken up at third reading forthwith;

(ii)the Senate not adjourn until the bill has been disposed of; and

(iii)no debate on the bill be adjourned;

4.a senator may only speak once to the bill, whether this is at second or third reading, or on another proceeding, and during this speech all senators have a maximum of 10 minutes to speak, except for the leaders and facilitators, who have a maximum of 30 minutes each, and the sponsor and critic, who have a maximum of 45 minutes each;

5.at 9 p.m. on Thursday, June 23, 2022, if the bill has not been disposed of at third reading, the Speaker interrupt any proceedings then before the Senate to put all questions necessary to dispose of the bill at all remaining stages, without further debate or amendment, only recognizing, if necessary, the sponsor to move the motion for second or third reading, as the case may be; and

6.if a standing vote is requested in relation to any question necessary to dispose of the bill under this order, the vote not be deferred, and the bells ring for only 15 minutes; and

That:

1.the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine and report on the matter of self-induced intoxication, including self-induced extreme intoxication, in the context of criminal law, including in relation to section 33.1 of the Criminal Code;

2.the committee be authorized to take into consideration any report relating to this matter and to the subject matter of Bill C-28 made by the House of Commons’ Standing Committee on Justice and Human Rights;

3.the committee submit its final report to the Senate no later than March 10, 2023; and

4.when the final report is submitted to the Senate, the Senate request that the government provide a complete and detailed response within 120 calendar days, with the response, or failure to provide a response, being dealt with pursuant to the provisions of rules 12-24(3) to (5).

[Translation]

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question.

The independence of our law enforcement operations is a key principle of our democracy and one that the government deeply respects. I have been assured that at no point did the government pressure or interfere in the operational decisions of the RCMP. I direct all senators to the commissioner’s statement from yesterday in which she makes very clear that there was no interference.

Canadians, including those directly impacted by the tragedy, have expressed concern about when and how the RCMP shared information with the public, and that is why the government specified in the order of reference that the Mass Casualty Commission examine the communications approach taken both during and after the event.

Finally, senators, the former Minister of Public Safety, Minister Blair, both during Question Period in the House and today to reporters, was unequivocal. I know Minister Blair is a man of integrity, and I quote him from Question Period:

I can confirm for the House, as the commissioner has also confirmed, that no such direction or pressure was exerted by any member of this government to influence the commissioner’s exercise of her authorities over her police service.

Hon. Rosa Galvez: Honourable senators, I have the honour to table, in both official languages, the report of the ParlAmericas concerning the Eighteenth Plenary Assembly, held as virtual sessions on November 26, 29 and December 10, 2021.

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, my question today is again for the Leader of the Government in the Senate. This is a follow-up to yesterday’s question, leader, about pressure put on the RCMP commissioner by the Prime Minister and Minister Blair to release information on the investigation into the horrific April 2020 shootings in Nova Scotia.

Leader, these are the notes of Superintendent Darren Campbell of the Nova Scotia RCMP:

The Commissioner said she had promised the Minister of Public Safety and the Prime Minister’s Office that the RCMP (we) would release this information. I tried to explain there was no intent to disrespect anyone however we could not release this information at this time. The Commissioner then said that we didn’t understand, that this was tied to pending gun control legislation. . . .

Leader, I know your government isn’t good at providing answers, but, now that you have had time to get a response, did Commissioner Lucki promise to use the mass murders in Nova Scotia to advance the Liberal government policy? Who in the Prime Minister’s Office or in the minister’s office talked to Commissioner Lucki about releasing this information?

Hon. Leo Housakos: Honourable senators, my question is for the leader of the Liberal-NDP government.

Senator Gold, I need to get back to the question asked of you by Senator Plett. At the end of the day, with your talking points, you are essentially asking us to believe the word of this Trudeau government over the RCMP.

Senator Gold, it has been a few years now since we found out that your government wasn’t above interfering in criminal court proceedings for political expediency, and more recently we found out that you are not above illegally suspending the rights of Canadians with an unjustified invocation of the Emergencies Act.

It should come as no surprise to any of us that your government thinks nothing of interfering in the police investigation of one of this country’s most brutal mass murders and taking advantage of that tragedy in order to advance the Trudeau political agenda.

My question to you is simple: Is there any length to which the Trudeau government will not go for political expediency?

Hon. Marc Gold (Government Representative in the Senate): The Government of Canada has always been clear that it is on the side of Quebecers who are shocked and disappointed that a young teacher can no longer practise her profession because of how she chooses to observe her religion.

This government is committed to defending the rights and freedoms that are protected in the Canadian Charter of Rights and Freedoms, including the right to freedom of religion and the right to equality, as this matter touches upon those fundamental freedoms and the interpretation of the Charter which underscore our liberal democracy.

This government fully expects that this case will be appealed to the Supreme Court of Canada. If that happens, the government is committed to contributing to the debate, giving the broad implications for all Canadians and the need to defend the Charter, including the way in which the “notwithstanding” clause was invoked. The government has stated clearly that it will intervene in this matter at the Supreme Court level.

Senator Loffreda: Thank you for your answer, Senator Gold.

I appreciate the government may not want to take a position on the bill until the Court of Appeal of Quebec renders a decision. But sometimes governments need to lead and protect the rights and freedoms of its citizens, whether they were born here or not. Like the rest of Canada, Quebec’s economic prosperity will rely heavily on immigrants.

This bill makes our province increasingly less attractive to diverse communities from around the world. When will the Prime Minister start advocating for these minorities who are such an important part of our national fabric? When will the government denounce Premier Legault’s use of the “notwithstanding” clause as a means to override individual Charter rights?

Hon. Rosa Galvez: Honourable senators, my question is for the Government Representative in the Senate.

Senator Gold, central to the control and management of chemical substances is the need to determine their toxicity and classify them according to their potential harm.

In most developed countries, and to avoid conflict of interest, arm’s length or scientific institutions, such as the Centre d’expertise en analyse environnementale du Québec, do this work.

Several times during study of Bill S-5, I asked government officials who undertake the testing and assessment of substances for their toxicity. Are they actual tests or are they literature reviews conducted by the government or industry?