Hon. René Cormier: Dear colleagues and members of the Forest-Niesing family, from the day she was born in Sudbury in 1964 until her sudden passing on November 20, 2021, Josée Forest-Niesing was engaged, devoted and possessed of an admirable drive that made her a brilliant and generous wife, sister, mother, grandmother and colleague.

She earned her law degree from the University of Ottawa and was called to the Ontario Bar in 1990. She spent her life serving the Franco-Ontarian community and became known as the Franco-Ontarians’ advocate in the Senate.

She spoke both of our country’s official languages fluently, elegantly and precisely, and she spent her career fighting for access to justice in both official languages. Her argument for the equality of both official languages was, is, and will remain a great source of inspiration to members of the Official Languages Committee.

Dear colleagues, we all remember the day she was sworn in, here in this chamber. Her broad smile and luminous gaze lit up the Senate.

I fondly recall her voice tightening up as she took the oath. There was a lump in her throat. She was deeply moved and filled with gratitude as she took the oath. She understood the importance of her first steps in this chamber as a Franco-Ontarian senator.

During her brief time in this chamber, Josée Forest-Niesing was driven by a deep desire to contribute to the modernization of the Senate. Her commitment to her work to update the mandates of our Senate committees is a legacy we can turn to in the future. Known for her honesty and integrity, Josée was so engaging and compelling, that we all wanted to work with her.

In response to a question that journalist Benjamin Vachet asked her on March 2, 2019, on ONFR+, about what she thought of the purpose of her role as senator, Josée responded:

The role of senator comes with great power and privilege, and I feel that only my imagination and time will limit me in doing what I want to accomplish. However, what I would like to do, as with everything I’ve done before, is to leave this place better than I found it. It’s simple, but it’s quite a lot!

Josée, I assure you that because of who you are and everything that you’ve done, you have left this place better than you found it. We are all grateful and we thank you today.

I want to conclude with an excerpt of a song entitled Whirlwind, written for Josée by her sister Dominique, that speaks to the character of our great colleague:

Inspired, resourceful, the whirlwind’s got a hold on me

Passionate, reassured, my life remains my own

Challenges, worries, it’s a choice, let it be

The whirlwind’s got a hold on me and I’ll always stay the same

Trusting and loving, the whirlwind’s got a hold on me

Passionate, reassured, my life remains my own

Challenges, worries, it’s my choice . . .

The whirlwind’s got a hold on me and I’ll always stay the same.

Thank you, Josée Forest-Niesing. My condolences to your family. Rest in peace.

Senator Housakos: Senator Gold, with all due respect, we have heard our government constantly say that we are all in this crisis together. The truth of the matter is Taiwan has walked the talk. They have stepped up and helped the international community with PPE and other health care support.

At the end of the day, I think we have an obligation to work closely with countries that are such a model and are aligned with us when it comes to the defence of human rights and the defence of the rule of law and all the rest of it. We should not be listening to regimes that don’t align with us on human rights and our belief in democracy and all the rest of it.

If we are genuine about aligning ourselves with strong allies who serve as models, why is the government not taking a strong stance and insisting Taiwan be included in the World Health Assembly which is going to be taking place in three weeks?

Hon. Peter M. Boehm: Colleagues, today we pay tribute not only to a friend and fellow senator, but to a distinguished Canadian and, quite simply, to a remarkable person, the Honourable Josée Forest-Niesing.

My friend Josée and I were sworn in to the Senate on the same day, October 16, 2018, together with our colleagues Patti LaBoucane-Benson, Paula Simons and Brian Francis.

As is often the case at a swearing-in ceremony, the wait was interminable and I started pacing. The Forest-Niesing family appeared to be celebrating in the next room. We opened the door slightly to peek in and my family asked me: “Who is that elegant lady? Is she going to be a senator as well? I love her shoes!” If Josée was as nervous as I was that day, she did not look it.

I remember her first speeches, her attention to detail and her obvious but polite determination. She did not tolerate scathing or hurtful comments, which, as we say in this place, in the heat of debate, might have been directed at her or at someone else.

I remember her patience and her ready smile. I remember she actually listened. It was always a pleasure to debate with her. I really felt that every word I said was important, that I was important, and that I had her undivided attention. She was a friend and a very attentive and supportive colleague.

Once she caught me looking at her computer screen saver, which showed a wonderful picture of her family. I told her that she had a beautiful family. She looked at me with her wonderful smile and said, “I know. They mean everything to me.” To her loved ones who are here with us today, please know how much she meant to us. We thank you for sharing her with us.

Josée was a proud Franco-Ontarian and a staunch advocate for the interests of northern Ontario and her beloved Sudbury. As Robert Dickson, a famous poet from the region, wrote in his aptly named poem Sudbury:

the future is plotting in our guts

the status quo is an enormous risk

go toward the other travel toward oneself

Accepting the role of senator was Josée Forest-Niesing’s final professional move in highly decorated career marked by her great generosity, which had such a meaningful impact. Even when her health began to fail, she continued to change things.

I will miss her so much. We will all miss her. May she rest in peace.

Hon. Mary Coyle: Honourable senators, I rise today to celebrate our cherished colleague and friend, the late Honourable Senator Josée Forest-Niesing. In the words of her obituary:

. . . for those who cherish Josée, it is her compassion, her astute mind, her grace, her humour and her inexhaustible resilience hidden behind her radiant smile that will remain in our hearts forever.

Colleagues, I was completely captivated the day that tall, striking beauty walked into our chamber proudly and stylishly, of course, adorned in the green and white of the Franco-Ontarian flag. We clicked immediately, sharing our feelings of awe, privilege and the weight of our duty on being appointed to this august chamber.

We shared stories of our health, of facing our mortality and our mutual desire to use our time and good health to live life fully and to contribute. Josée’s commitments to Canada, her Franco-Ontarian community of Sudbury, bilingualism, matters of criminal and social justice, reconciliation, to her own Abenaki roots and to Senate modernization were clear.

Last summer we connected on a birthday package a few of us were sending to jailed Filipino Senator Leila de Lima and about supporting Afghan women judges. Senator Forest-Niesing and Senator Pate worked to organize prison visits for senators. Josée was supposed to be with Senators Pate, Jaffer, McPhedran, Deacon and I when we visited the Nova Institution for Women and Springhill Institution last October, but sadly she had contracted COVID-19 and was unable to join.

Senator Forest-Niesing worked tirelessly on Senate modernization, spearheading an effort to work with colleagues across the chamber to look at ways of improving our committees. In the chamber, we were treated to Senator Forest-Niesing’s thoughtful debate on the proposed national ribbon skirt day, the UN Declaration on the Rights of Indigenous Peoples, systemic racism, the independence of the judiciary and firearms legislation, among others.

Honourable colleagues, Josée Forest-Niesing was a capable leader with a big, beautiful heart. She loved her colleagues, especially Louise Mercier and Nour El-Farouk. And, wow, did she ever love her family.

[Translation]

Her parents, her sisters Sylvie and Dominique, her husband Robert, her children Véronique and Philippe, and her dear sweet Jacob and Léo.

[English]

To her family, thank you so much for sharing Josée with us. Please know we share your grief.

Hon. Percy E. Downe: Honourable senators, it’s Wednesday so the Canadian Senators Group question will be to a committee chair. The question today is to Chair of the Standing Senate Committee on Aboriginal Peoples. As we work to correct historical wrongs, in addition to issues like the protection of culture and language, can you advise the Senate what work your committee will be undertaking to identify educational and economic development opportunities for Indigenous Canadians for a more promising future?

Hon. Kim Pate: Honourable senators, where to start in remembering Josée and what we miss most: her megawatt full-body smiles, her effervescent personality, seemingly endless grace, energy, warmth, fortitude, tenacity, intellect, kindness, care, generosity, compassion, integrity, courage, humour, empathy, humanity?

One of my most enduring and endearing memories was when Josée approached us with shared concerns about isolating prisoners and offered to work on Bill C-83. We did our best to improve it, and Josée took the lead on insisting on judicial oversight and remedies for prisoners. When the resulting amendments, which would have assisted the government in its stated objectives, were ultimately rejected, Josée, with characteristic aplomb, immediately determined our next move. If the government would not ensure correctional accountability, we should.

I feel very blessed that I had the privilege and responsibility to walk and work with Josée. We planned to work with Senator McCallum to make ribbon skirts.

[Translation]

On behalf of her family, it is my privilege to announce that the ribbon skirt presented to the Senate today was carefully crafted by Marie-Paule Forest, Senator Forest-Niesing’s mother, using the fabric the senator had selected for this purpose. The Forest and Niesing families are grateful to be able to offer it as a solemn gesture of healing in fulfilment of a promise made by the senator. May this ribbon skirt symbolize her resilience, her sense of duty and the lasting contribution she made to the Senate of Canada.

[English]

Senator Forest-Niesing was a passionate advocate for equality rights, particularly for Franco-Ontarians. Her long and distinguished legal career began in le programme de common law en français à l’Université d’Ottawa, where she was also inducted to the Common Law Honour Society. Indeed, in her honour, the University of Ottawa has initiated the Senator Josée Forest-Niesing Entrance Scholarship to provide financial assistance to first-year students from northern Ontario, and within a few minutes your offices will all receive information about that.

Colleagues, I cannot think of a better way to honour our beloved Josée’s memory. Meegwetch, to all of her family and friends, and thank you so much for sharing her with us these few years.

Hon. Marty Deacon: Honourable senators, I wish to join today in celebrating the life of the Honourable Senator Forest-Niesing by sharing three memories I will forever be grateful for.

When I first had a chance to sit and talk to her shortly after her appointment — I knew the senator was from Sudbury — I sat and talked to her about Laurentian University, some work that I enjoyed there and my love for community. I assumed she flew to Ottawa each week. After all, it is quite a drive from Sudbury, especially in the winter months. When I asked her about this, she looked at me straight as day and said:

Absolutely no flights for me. I love my drive. I live for the drive. It is five to six hours of me and the road, just me and the road. I love my music, my podcasts, time to think, the scenery —

— The rock, clearly —

— It brings me great calm and peace.

I admired her appreciation for something so simple and somewhat arduous.

As time progressed and the future of Laurentian University became dire, we spoke again. During this time I was contacted directly by Laurentian faculty and students, and I knew the next step was to ask the senator for some direction on how to best support these devastated students, graduates and faculty.

In retrospect, that was one of my favourite moments and times with Josée. The passion with which she spoke about this institution, including her family history, betrayed a sense of almost personal responsibility that this must succeed.

Finally, there is one more interaction I continue to be grateful for. Les Jeux de la Francophonie are like an Olympic Games or Paralympic Games for francophone countries held every four years with 54 countries participating.

In Canada, we weren’t sure we were representing francophone Canadians in the most inclusive and right way. Immediately, I reached out to the senator to seek advice on how we could make this experience, this opportunity for francophone countries and Canadians, a little bit better. She was most helpful and insightful and helped us steer our thinking and actions, and for that Canada is so grateful.

Colleagues, as we have heard, Josée enjoyed and accomplished so much with us in such a short time. But it was in her day-to-day — sometimes even our routine — work that we all do that she showed a drive and passion for that I hope to carry with me in all of my endeavours. We will miss her deeply. Thank you. Meegwetch.

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, I know that Senator Gold will be tremendously disappointed in me today, because I will not be asking him a question. My question today will be for the Chair of the Senate Standing Committee on Internal Economy, Budgets and Administration, Senator Marwah.

Senator Marwah, this question concerns the impact on the Senate of Government Motion No. 11, which passed in the other place on Monday with the support of the NDP-Liberal coalition. I know you received the text of my question yesterday, so I trust you will have the answer for me today.

Among other things, Senator Marwah, Motion No. 11 permits the House of Commons to sit until midnight without advance notice. This will impact the work of the Senate, and specifically our Senate committees, due to the shuffling of translation resources that will inevitably prioritize extended sittings whenever they occur in the other place.

Senator Marwah, could you tell us how the Senate will be impacted by Motion No. 11, especially when combined with Motion No. 35 on our Order Paper regarding hybrid sittings of the Senate?

Senator Plett: With all due respect to the Leader of the Government, I think I received a better answer from you than I did from him, so I might continue this.

The meeting of the Special Joint Committee on Medical Assistance in Dying was cancelled on Monday, Senator Marwah, due to the lack of interpretation. A minister was appearing at another committee, and that committee was given priority for interpretation services. Last Thursday, the Internal Economy Committee heard from Lucie Séguin, chief executive officer of the Translation Bureau, and Ms. Séguin stated:

In terms of coming back to normal, I think that the best scenario for sound quality is everyone is in one room like it used to be in the good old days.

Surprise, surprise, colleagues. How many of us remember those good old days?

She continued:

But as soon as there are one or more participants who are participating remotely, until our sound quality issues are addressed, I think that we are still looking at the capacity that we have now.

Senator Marwah, in light of Motion no. 11, Motion No. 35 and the ongoing difficulties with interpretation, how will this further reduce meetings of our Senate committees, which have already decreased from 32 time slots to 22 time slots?

Senator Marwah: Thank you, Senator Plett. I don’t know exactly how those two motions will impact Senate committee times, but I doubt it will result in increased capacity. If anything, it is going to go the other way.

I still think there are some actions that the Senate can take to increase Senate committee time, and I mentioned that in my comments at the Senate Standing Committee on Internal Economy, Budgets and Administration that I circulated to everybody last week. Some of the suggestions recommended that some committees be authorized to meet while the Senate is sitting, consider resuming the early morning committee time slots and possibly changing schedules so we can do things like rise early on Tuesdays.

Those decisions are not within the purview of Internal Economy. They are really within the purview of the leaders, the Selection Committee and the Senate as a whole.

Senator Gold: Thank you for your question. Indeed, Canada aligns itself with countries that share our democratic values and commitments to the rule of law. Canada is also an active player in the world more broadly, and, alas, that world does not always share our values and principles.

Canada’s long-standing One China policy takes into account practical geopolitical realities of the region, which are complicated, as all of us surely know.

Canada continues to have strong and growing trade relationships and people-to-people ties with Taiwan. The government is committed to deepening our ties based upon the shared values that the honourable senator underlined as well as the large diaspora.

We have a complex geopolitical relationship with China. It presents challenges, and we all know that. Indeed, most of Canada’s other international partners are facing similar challenges, and the Government of Canada is actively engaging with them, our allies, in order to address the common interests and concerns that we all share.

While recognizing the strategic military and geopolitical realities of the region, the government continues to be firmly guided by Canadian interests, by our fundamental values and principles — which include human rights at their core — as well as the global rules and strategic partnerships we have developed over time.

Hon. Marc Gold (Government Representative in the Senate): Thank you, colleague, for the question. The COVID Alert app is one of many tools made available to Canadians to help slow the spread of COVID-19. I’m advised the government continually reviews the evolving scientific evidence and public health guidelines to determine the app’s continued use. The government is also maintaining and monitoring the service as the pandemic evolves.

I further note that in the COVID-19 Exposure Notification Application Privacy Assessment under the “Time-Limitation” paragraph, the government committed:

The app as a whole will be shut down within 30 days of a declaration by the Chief Public Health Officer of Canada that the pandemic is over.

Colleagues, as of February 15, 2022, the app has been downloaded more than 6.9 million times. More than 58,000 users have entered a one-time key into the app. Since April 2021, this has resulted in more than 388,000 notifications and the identification of at least 2,290 positive cases. These notifications provided users with next steps to self-isolate and to get tested or self-monitor for symptoms so as to limit the transmission of COVID-19.

While downloading the app is voluntary, the government is still encouraging Canadians to download it and, of course, individuals can at any time delete the app.

Senator C. Deacon: Senator Gold, health data is under a lot of scrutiny. I believe the COVID Alert app went above and beyond in how it managed data, and the privacy-by-design element received gold star marks from many privacy experts. Yet it was not adopted at anything close to the rates of other countries despite the numbers you have provided.

Does the government have a plan to manage the public perception of this type of app into the future? The reality is we are going to need to have more digital data to help us with good decision making. All the elements were in place, but it was a failure in terms of adoption. I’m hoping the government hasn’t given up. I’m hoping the government is looking for ways to do a better job in the future.

Hon. Marc Gold (Government Representative in the Senate): I thank the senator for her question. The government will always work to ensure that our criminal laws are effective and that they protect our communities and respect the Canadian Charter of Rights and Freedoms.

With respect to current legislation, the five-year parliamentary review of the former Bill C-36, which is currently under way, is the appropriate forum for parliamentarians to examine the legislation and its effects since it came into force. The committee members have already had the opportunity to hear from experts and partners, including sex workers, and discuss a number of views. The Minister of Justice looks forward to seeing the results of the work of the Standing Committee on Justice and Human Rights and reviewing its findings and recommendations. The Government of Canada remains committed to a society in which all members enjoy equal rights and opportunities.

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question, and thank you for reminding us of the five-year anniversary of the passing of the Good Samaritan Drug Overdose Act. The evidence demonstrates that individuals experiencing or witnessing an overdose are often afraid to call for emergency assistance. The Good Samaritan Drug Overdose Act seeks to reduce that fear and to encourage calls that save lives.

This law is only one part of Canada’s actions to combat this ongoing crisis, and they have been guided by the Canadian drugs and substances strategy. The Government of Canada is committed to doing everything that it can to save the lives of Canadians. I have been advised that the government would be open to working with you and any interested colleagues on ideas for potential expansion of the current scope of this legislation.

Senator Batters: Senator Marwah, the broadcasting agreement between the House of Commons and the Senate uses House of Commons resources for broadcasting Senate committees and gives the House of Commons priority access to resources when both chambers need access at the same time. Exactly one year ago, you told Senator Griffin that the House of Commons had, in fact, offered to:

. . . add additional capacity to give us more availability, but they require several months to train the staff and the person. This would have taken us to the end of June, by which time we would have risen anyway.

That was one year ago. Since then, Senate committees have limped along at maximum 50% capacity. In the past fiscal year, the Legal Committee sat only 14 times, the Rules Committee 7 times and your own Internal Economy Committee only sat 9 times. Normally it would sit that often in three months.

A year ago, you told Senator Griffin, “We will be revisiting the decision, and if things don’t improve, we will take the appropriate steps.” So, Senator Marwah, why didn’t you?

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate), pursuant to notice of May 3, 2022, moved:

That, notwithstanding the order adopted on March 31, 2022, the deadline for the Special Joint Committee on Medical Assistance in Dying to submit its final report on its review, including a statement of any recommended changes, be extended to October 17, 2022, provided that the committee submit an interim report on mental illness as a sole underlying condition no later than June 23, 2022; and

That a message be sent to the House of Commons to acquaint that House accordingly.

The Hon. the Speaker: Honourable senators, when shall this bill be read the second time?

(On motion of Senator Gold, bill placed on the Orders of the Day for second reading two days hence.)

(At 5:42 p.m., the Senate was continued until tomorrow at 2 p.m.)