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. Pamela Wallin: Honourable senators, with leave of the Senate and notwithstanding rule 5-5(a), I give notice that, later this day, I will move:

That the Standing Senate Committee on Banking, Trade and Commerce be authorized to meet on Wednesday, May 4, 2022, at 6:30 p.m., even though the Senate may then be sitting and that rule 12-18(1) be suspended in relation thereto.

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.

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.)