Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. I cannot accept the premise of the specific question, so I will focus on the question. I am told that the government has launched an appointment process for a new Federal Ombudsman for Victims of Crime, and the work to fill the position is ongoing.

In the meantime, senator, the office remains accessible to victims of crime across Canada requesting their services.

On March 29, 2022, the Standing Committee on Justice and Human Rights began its study of the Canadian Victims Bill of Rights. Victims’ rights remain a priority for the government. Significant policy and programmatic investments and various law reforms have been introduced since 2015 to address the needs and concerns of victims and survivors of crime.

Hon. Jean-Guy Dagenais: My question is for the Leader of the Government in the Senate. Leader, friends of your Minister of Environment and Climate Change, Steven Guilbeault, agree that the aviation industry’s carbon emissions are responsible for 5% to 6% of global warming and that pollution generated by global aviation increases 3% to 4% per year.

The government that you represent never ceases to amaze me with its inconsistent and illogical decisions, as I will explain.

Leader, I would like to know why the Trudeau government will spend no less than $64 million to host, next October, COP15, the United Nations conference on biodiversity, which was to be held in China. It will turn 12,000 to 15,000 environmentalists into global polluters, who are coming from 190 different countries to see Canadian achievements in biodiversity, which could easily be presented on digital platforms.

How can anyone justify such a contradiction on the part of environmentalists, who are shirking their responsibilities in the fight against greenhouse gas emissions?

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

The world we’re living in demands that we find a balance between the necessary — existential, even — fight against climate change and the fact that life goes on, and that includes travel to major international conferences.

We should be proud that our country can welcome experts from around the world to share their knowledge and help us move forward. We also recognize that this is not the world of Starfleet Enterprise and people can’t just say, “Beam me up.” This includes us, as well, since we travel to do our jobs here. Our work comes at a cost and with environmental consequences.

Canada is a leader in the fight against climate change and it is entirely appropriate for us to host such a gathering of experts.

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question, in which there are a lot of assertions and conclusions. It was made clear that Minister Mendicino’s remarks were not properly interpreted. It is the position of the government, as it was my position in speaking to the invocation of the act, that it was necessary. It was made clear by the advice that was taken from all quarters that the tools that only the Emergencies Act allowed were necessary to address a serious challenge to our national security and economy.

Senator Batters: Senator Gold, when former attorney general Jody Wilson-Raybould stood up for the rule of law against the wishes of Prime Minister Trudeau, she was not celebrated by your government as a strong woman doing what was right; she was summarily demoted and then booted from the Liberal caucus.

Meanwhile, someone like Marco Mendicino — whose dedication to the facts comes second to his service to the Prime Minister — rises up the ranks from parliamentary secretary to minister.

Senator Gold, since Minister Mendicino won’t do the right thing and resign, when will the fake feminist Prime Minister fire this man?

Hon. Marc Gold (Government Representative in the Senate): The government is very aware, as we all are, of the impact of inflation and the rising cost of living on Canadians, whether it’s in gas prices or food, and I’ve spoken to this many times. The rise in gas prices is caused by several geopolitical events in Europe, as we all know.

The Government of Canada, while it is working on further measures to improve the overall cost of living affordability, it’s also clear when we see the situation in which we’re living that it is equally important — indeed urgent — that there is a transition to cleaner energy and electric vehicles, as we all know.

The government is working with our international partners to ensure the protection of the world energy supply chain. For the moment, the government has not committed to providing tax breaks at the pump at this juncture.

Hon. Marc Gold (Government Representative in the Senate): Yes, I will.

Hon. Marc Gold (Government Representative in the Senate), pursuant to notice of June 22, 2022, moved:

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).

He said: Honourable senators, I do not intend to participate in the debate. Thank you.

Senator Plett: Thank you, Senator Patterson, for that speech. Let me say at the outset about your analogy of David and Goliath that David was never a minority; he had God on his side. Nevertheless, Senator Patterson, my question really is this: I felt the other day when we passed four government motions in a matter of an hour that I needed to leave and go take a shower.

I suggested to the Leader of the Government in the Senate here a few minutes ago that I needed to wash my mouth with soap after supporting the government. So I take no great pride and pleasure in supporting what I believe has certainly been, even in this particular bill, a shirking of responsibility.

There is a difference here, in my opinion, and I will get to my question immediately. The difference is that this, in my opinion, was not precipitated by the government. It was precipitated by the Supreme Court of Canada. They struck something down. They forced the government to do something and, quite frankly, they forced the government to do something, in my opinion, in too much of a hurry. This is not like a campaign promise that was made two years ago and then two years pass before they come forward with the bill.

Senator Patterson, you alluded to having a couple of suggestions, and they were certainly thought out, about the Legal and Constitutional Affairs Committee having a quick meeting or having a second Committee of the Whole. What would have been the purpose, other than we would have heard some people?

We really didn’t have the time to do anything about it, other than what we have done now — voting on a bill, hopefully passing the bill, then having the Legal and Constitutional Affairs Committee do a study, sending a report to the government, having the government respond in a certain period of time and hopefully correct something that indeed is flawed. What could we have done better with the path that you possibly suggested?

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, I rise to speak to Bill C-19, “Budget Implementation Act, 2022, No. 1.” It feels good to be on the right side of the angels again on this speech.

It actually wasn’t a bad experience, Senator Gold, to vote with you. We should try that more often.

Honourable senators, I will not be long on this, I assure you.

Senator Marshall gave an absolutely crackerjack, excellent rundown of the many problems with this bill in her excellent speech. There are many problems, and I think she outlined almost all of them. Thank you, Senator Marshall. She says there are still some to go. She should have briefed me, because I would have pointed the rest out.

I want to take a few minutes to draw your attention to some important observations, because I know you will want to know about them. The bill we are about to vote on stands as a stark example of the incompetence that has dogged this government for the last seven years. You may have missed it in the crush of business recently, but this legislation came to us from the other place after being amended in 64 different places, including the deletion of 51 clauses. This is unprecedented for a budget implementation act.

This is a 440-page omnibus bill crammed with many measures that should never be in a BIA, as noted by a number of senators. For a while, this government was able to use COVID as a “get out of jail free” card. Their repeated claims that they needed to rush legislation through without adequate oversight and study were made under the shadow of a global pandemic and parliamentarians had little choice but to comply for the sake of public health and economic stability.

Honourable senators, those days are gone. The government can no longer shield itself from its own incompetence by claiming that it is because of the pandemic. The crisis of scrambling to make policy in the midst of an unforeseen global pandemic is behind us. Yet the only evidence that this government has succeeded in moving on this is the fact that they have added chaos to incompetence.

Every direction in which you turn today, you see this government scrambling to contain the consequences of its incompetence which is bursting through the cracks like a dam about to let go.

We have a Minister of Foreign Affairs whose department thinks it’s a great idea to send a representative to a party at the Russian embassy. As Russian shells bomb residential neighbourhoods in Ukraine, killing women and children, disrupting global food supplies and threatening world peace, Minister Joly’s deputy chief of protocol, Yasemin Heinbecker, joined the festivities at the embassy here in Ottawa. This is incompetence.

Over at Immigration, Refugees and Citizenship Canada, there is a backlog of more than 2.2 million immigration applications, and Minister Fraser has no clue how to fix it — none. Meanwhile, the government promised to help 40,000 Afghans immigrate to Canada. To date, only 10,565 applications have been approved. There is nothing but chaos in this department.

Then there is the debacle of trying to fly anywhere from Canada and finding nothing but chaos at the airports. The transport minister has no solutions to offer and just blames it on out-of-practice travellers. Colleagues, you and I have been travelling. We’re not out of practice, and the same chaos affects us as it does anyone else. I don’t know who is out of practice here.

Go to a passport office. Chaos ensues there as well. People are camping out and lining up all day long to try to get their passports processed, only to be turned away and told to try again tomorrow. The government is clueless, and Minister Gould has no solution for the mess.

Minister Freeland has out-of-control inflation, colleagues, a budget that is beyond balancing and a debt load that threatens to crush future generations. There is no plan to rein in spending or inflation, which, as you know, now sits at 7.7% — the highest since 1983.

Who was in government in 1983? What was the name of that prime minister?

Under Minister Hussen’s oversight as the Minister of Housing and Diversity and Inclusion, the cost of homes has skyrocketed to a place where home ownership is now out of reach for an entire generation. Their only solution? Well, they have none. Chaos reigns.

Meanwhile, Minister Guilbeault has released new emissions targets which everyone knows the government will never hit and which the media has described as hinging on “hopes and miracles.”

Minister Mendicino, whose nose is getting longer by the day, is scrambling to explain why he misled Canadians by saying police forces asked the government to invoke the Emergencies Act. And Minister Blair, colleagues, is shovelling as fast as he can to explain why Commissioner Lucki promised to use the mass murders in Nova Scotia to advance Liberal government policy.

Minister Rodriguez is trying to do what no one in any other democratic country has tried to do: control the internet. While Minister Sajjan is just trying to be the first in line at the airports. This is what this government has brought us this session: incompetence and chaos. And in the midst of it all, in the final days of the sitting, the Prime Minister leads by example by jetting off to some faraway land. No one knows where. No sense of responsibility. No sense of urgency. No sense at all; just incompetence. Fiddling while Ottawa is burning.

What did they do today? What’s their business before they leave? Bringing in another hybrid motion forever, because there just might be another pandemic on the horizon. This has worked so well; let’s bring in another one. Let’s add another $2 or $3 trillion to the debt.

Colleagues, we are about to vote on Bill C-19. This bill does not deserve our support or your support. There is, however, a silver lining here, colleagues. There is hope. The Conservative Party of Canada will have a leadership vote on September 10. Our 700,000 members will be electing a leader. There is hope. The saviour is coming. Let’s just wait. He will be there.

In the meantime, let’s do the right thing — let’s throw this budget in the garbage. Let’s show the Prime Minister we are independent. Every one of us, we are independent. Some are Conservative independents, some Liberal independents or relative independents or — I still can’t understand how you can call yourself Canadian Senators. Canadian Senators are indeed the only independent senators group. Colleagues, let’s show our independence. Let’s vote down this budget that does not deserve our vote. Thank you, colleagues.

The Hon. the Speaker pro tempore: All those in favour of the motion, who are present in the chamber, please say “yea.”

The Hon. the Speaker pro tempore: Those opposed to the motion and who are present in the Senate chamber will please say, “nay.”

Some Hon. Senators: Thirty minutes.

The Hon. the Speaker pro tempore: Thirty minutes it is. Call in the senators.

Motion agreed to and bill read third time and passed on the following division:

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

Hon. Jim Quinn: Honourable senators, I want to start by thanking Senator Plett for his observations that, as senators, we do have the right to rise, say what we are thinking and what we believe our motivation should be as individuals. I also want to say that I, for one, embrace the independence of this Senate. Although as a new senator, I sometimes observe and I’m not sure how independent we actually are.

With that, I will start my formal comments which are, as I said — although I am new to the Senate — a few observations on what I understand is not an unusual occurrence in December and June. At these points on the parliamentary calendar, we are asked — if not expected — to rush to pass proposed legislation as some matters are deemed to be government priorities and essential at the moment that they are to be considered.

There can be little doubt that some items are essential and must be responded to in a timely manner. We are all aware that we are not the elected representatives of the people of Canada. That privilege belongs to our colleagues in the other place. At the same time, we are parliamentarians. We are expected to play an important role in the legislative process on behalf of Canadians from all regions of our country.

Among other things, we are expected to be a place of sober second thought, to review and add value to government bills and to hear from Canadians through our committee work, which I understand — and I hear on an ongoing basis — is the strength of this institution.

I’ve said it before, but I believe it’s worthy of being repeated today: We’ve all been appointed, and part of that process is speaking with the Prime Minister. When I had that conversation with the Prime Minister, he acknowledged that I may not always agree with the initiatives of his government but that, as an independent senator, he expected me to participate in debate with the goal of proposing input that I felt would add value to proposals.

He acknowledged that even then I may still not necessarily agree with a given proposal, which he noted is okay, but that, as an independent senator, he encouraged me to do my job of bringing sober second thought to the discussion.

Honourable colleagues, in doing my job I clearly understand that you may not agree with things I bring forward. And that’s perfectly fine, because I understand that you, too, are doing the job that you have been asked to do. All I expect, and all that we should expect of each other, is that we continue to respect but not necessarily agree with the views and inputs of others because, at the end of the day, we are all doing the best we can in doing our jobs.

So we are at that time of year, on the eve of rising for summer recess, when there is considerable pressure for us to waive our jobs as senators to study, with sober second thought, legislation that comes from the House of Commons.

With Bill C-28, there are legitimate concerns being raised by numerous individual Canadians, and I have no doubt that all of us in this chamber have had our inboxes inundated with emails from people from across the country with varying views. We are also hearing from various organizations, including women’s organizations, that feel that they did not have meaningful consultation in the preparation of this bill. They are also concerned that Parliament is not seriously listening to them, simply because it’s June and we are looking to rise for the summer.

I have no doubt, if it were March, that we would go through a more normal process of hearing from witnesses and engaging in debate. I believe debate is so valuable in gaining a better appreciation for the reasoning of honourable colleagues’ points of view. In fact, I embrace the value of debate, as I believe it helps each of us to be better informed as we decide, as independent senators, how we will eventually vote on a particular matter.

Here we are today, proposing that we rush through this bill — through all stages in one day. I may be continuing to learn the rules of processing legislation in the Senate, but at this time, with this bill, it just simply seems wrong, especially when we know there are numerous women’s groups that have just been referred to. They’re asking us to slow it down just a bit so they have the opportunity to be heard on what is truly an important piece of legislation. I, for one, believe that these women need to be heard.

The government could have brought this bill forward earlier or asked us to sit longer to deal with this important issue. If this motion is defeated, what would be the next steps? The Senate and the Legal and Constitutional Affairs Committee could meet next week to be sure that we have heard from stakeholders, such as these women’s groups and, I would respectfully add, legal experts.

In fact, I mention this latter group as many of our colleagues are lawyers, and some of them seem to have expressed some concerns with legal implications. I understand that those concerns are connected to a question of if the evidentiary burden is too high and the result could be that the Crown will be unable to secure a conviction. I, for one, would value senators with legal backgrounds having the opportunity to consider this and any other points of law through just a bit more discussion with other legal experts at committee.

Hearing from women’s groups and legal experts may result in amendments being proposed, and we would then be collectively in a better position to accept them or not. Passing this motion seems to get things backwards: After having passed the bill and receiving Royal Assent, it’s proposed that we then study what will be law later in the fall.

Should we not take that bit of time now to at least hear from the women’s groups that have simply asked to be heard and from legal experts so we can have a better understanding of their points of view? I’m not suggesting that Parliament sit beyond the opportunity of having our committees hear from the aforementioned people.

Before closing, I want to say that I respect the work that the leaders do in this chamber, but I also respect the ability, as a member of my particular group, the Canadian Senators Group, to express my independence and be respected by my colleagues. So I thank them for that.

Honourable colleagues, I thank you for allowing me to express my thoughts in this chamber today.

Some Hon. Senators: Nay.

The Hon. the Speaker pro tempore: If you are opposed to the motion, please say “nay.”

Hon. Paula Simons: Senator Gold, I want to thank you for that really interesting speech. It made me wish I had the privilege of being a student in one of your constitutional law classes. I hope you don’t mind, because we won’t have the chance to hear from other witnesses, if I ask you a question that may seem simple because I did not go to law school.

I want to understand what impact this would have at sentencing. If you’re being pre-emptively found to be criminally negligent, would that be something the judge would also consider at sentencing, or is it only to establish the criminal intent itself?