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Decentralized Democracy
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Senator Galvez: You say you are not a scientist, but I congratulate you for the resume you have and the IPCC reports that are huge like that. Thank you very much for the support for this bill. I know you are very much interested in transparency.

[Translation]

I learned a lot today from a report that focused on conflicts of interest regarding decisions made by fossil fuel company directors who also serve on the boards of banks or financial institutions. Have you thought about the impact that apparent or actual conflicts of interest could have on the media, our lives and so on?

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  • May/5/22 2:00:00 p.m.

Hon. Jane Cordy: Honourable senators, I didn’t think it would be this hard. It is a difficult task to sum up into words such a fulsome career as that of Senator Terry Mercer. His contributions over his life in politics to the people of Nova Scotia, and indeed to all Canadians through his work in this chamber, are numerous. I have known Terry for a very long time, and I have always appreciated his insights and, more importantly, his friendship. We will certainly miss his voice in our deliberations in this chamber, and what an unmistakable voice it is, but I am confident that he will continue his advocacy as he turns the page on this next chapter.

Senator Mercer was appointed to the Senate in 2003 by the Right Honourable Jean Chrétien. This appointment came after many years of involvement with the Liberal Party of Canada. He served as Director of Fundraising and National Director of the Liberal Party of Canada. I would have to say that Terry excels when engaging with people. He is what we would call a people person. This is particularly true when engaging with youth. There was no better example than his youth days on the Hill with Senator Munson. These events were a celebration of and for young people, and encouraged them to reach for their highest potential.

No one could accuse Terry of not knowing how to throw a good party, certainly not those of us for whom the annual Mercer Christmas party in his East Block office was a tradition not to be missed. Terry and his staff went above and beyond for these gatherings with plenty of food and live musicians. He always made sure there was a charitable connection too. Whether it was a monetary donation or a gift for those in need, the theme was giving, always giving. Terry is someone who just has a huge heart. I’m sure many of us have stories that highlight this admirable trait.

As Senator Munson wrote to me in reference to you, Terry, and to your retirement, and I’ll quote him, this is from Senator Munson:

Terry, you always brought people together and it didn’t matter to you who they were, or who they represented. Because it wasn’t about politics, it was about people. We lived and worked in a special environment — the Hill — and you understood intuitively, whether someone was working in a cafeteria, or a cleaner in one of our offices who was going home for the night, you stopped and made sure they were recognized.

Senator Mercer was instrumental when we first formed the Progressive Senate Group. As we were figuring out the direction of this new group, Terry took on — without hesitation — the role of caucus chair. When Senator Day retired from the Senate, it was Terry who approached me about leading our group. In fact, as I remember it, he asked me to be the leader saying Senator Dawson had agreed to be deputy leader with the stipulation that I would agree to be leader. Little did I know, Senator Dawson was informed that I would only be the leader if he came on as the deputy leader. It was a crafty ploy, but it worked.

Terry, as I bring my remarks to a close, I would like to personally thank you for your years of friendship. I want to thank you for all that you have contributed to this place, and I want to thank you for your years of service to Canadians. As you listen to the many tributes to you and your accomplishments — and they are many — it is certainly not the end of your story. I invite you to remember not what you are retiring from but what you are retiring to. You can now dedicate your time to your wife Ellen, your son Michael and daughter-in-law Lisa, and perhaps the two people most excited about time with grandpa, Ellie and Oliver.

Terry, I will miss that wonderful, distinctive voice in the chamber, and I will miss your passion for this job. But most of all, I will miss having you in the Progressive Senate Group. You make things exciting. Best wishes always, my friend.

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  • May/5/22 2:00:00 p.m.

Hon. Senators: Hear, hear.

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  • May/5/22 2:00:00 p.m.

Hon. Leo Housakos (Acting Deputy Leader of the Opposition): Honourable senators, Senator Mercer — a ferocious, partisan, Liberal senator; fundraiser; bagman; organizer; winner. That’s what I always knew and understood and heard about Terry Mercer when I was summoned to this place. I had the pleasure of meeting him only in 2009, but everything I had heard about him was that he was a ferocious, partisan winner; that he believed in causes; that he was an unbelievable organizer and a legend amongst legends in the Liberal Party.

I came here to this chamber, and one of the first committees I sat on was the Standing Senate Committee on Transport and Communications, and many of you know I have a dear and fond love for that particular committee. I think it’s the best committee in the Senate, in this institution. In large part, I look back and realize I have such fondness for that committee because that’s where I met individuals like Terry Mercer.

I realized very quickly, besides the legend of the man in politics, there was a lot more to him than that. He was somebody who was kind, warm, sincere and intelligent. Even though, as you can imagine, colleagues, we rarely agreed on the politics at committee or in this chamber and we always fought on different perspectives, we fought with sincerity, with courage and with respect. Once the cameras were turned off and the mics were done and the debate was over, we spent a lot of personal time together. We did some studies that I think will make a great contribution to society and to this institution.

The times that I spent with Terry are where I saw that you can be fiercely partisan but very human. Because as we all know, in public life, we have moments where you receive some bodychecks. Isn’t that the case, Senator Mercer? When those moments happened to myself, believe it or not, Senator Mercer was the first to come over with some kind advice and a pat on the shoulder and to say “hang in there” and to share some experiences. That’s something on a personal level you never forget.

Then I delved deeper into the man, and I met people from Nova Scotia and I mentioned Terry Mercer and how ferocious and tough he is. They said, “Senator, he hails from the North End of Halifax. It’s the toughest, scrappiest part of Nova Scotia, maybe the country.” So I guess that’s where you get your toughness from. I know you are very proud of your province and proud of where you come from.

Your kindness has also been exemplified through the years through causes, Terry, that you have supported. They are worth highlighting, colleagues. He worked with tremendous fervour to support causes like the Kidney Foundation of Canada, St. John Ambulance Canada, the Lung Association of Nova Scotia, the YMCA, Diabetes Canada and is currently past chair of the AFP Foundation for Philanthropy – Canada and, of course, he is a tremendous advocate, as we know, for ovarian cancer research.

Terry, you are a wonderful senator. You are a wonderful human being. You have brought honour to politics and to this institution, and you will have left your mark on this institution and on so many people whom you have touched here. Thank you so much.

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  • May/5/22 2:00:00 p.m.

Hon. Marilou McPhedran: Honourable senators, gruff, tough and plain-spoken were the characteristics of Senator Terry Mercer perceived in my early days in this place — soon expanded by demonstrations of kindness, generosity and integrity. Please accept my warm birthday wishes for tomorrow. It marks a new chapter in how you are writing your book of life. It is following many chapters of your distinguished years as a senator that we’ve heard from our colleagues today, and I won’t repeat.

Earlier chapters included service in so many forms, including as an Air Cadet, with alumni like Chris Hadfield, Marc Garneau and Lieutenant-Colonel Maryse Carmichael, the first woman pilot of the Snowbirds.

On the recommendation of a young leader from Nova Scotia, Senator Mercer was the first I called for advice on trying to pilot my #Vote16 bill the first time I introduced it. Senator Mercer, you were encouraging, wise and generous, and I thank you. I continue to follow your advice.

You show us how life is a craft that needs to be learned with patience, care and integrity. Longfellow wrote how we are all architects, how all of our days are building blocks of our existence, and how all of our actions, even those that no one else sees, determine the strength of the life we choose to build. We will all miss you. Thank you and meegwetch to your family for sharing you. Senator Mercer, you are a mensch.

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  • May/5/22 2:00:00 p.m.

Hon. Stan Kutcher: Honourable senators, I rise today to join others in recognizing the contributions made by Senator Mercer during his career in this chamber.

I will focus on Terry the person, for after all, it is who we are as people that underlies how we behave and how we work with others to achieve meaningful goals.

Terry proudly says he represents not just Nova Scotia, but specifically the community in the North End of Halifax that helped form him.

He was the third of five children, which, if anyone is familiar with the “middle child syndrome,” may explain some things. For those who are unfamiliar with that piece of psychological mythology, here are the characteristics that are purported to be present: peacemaker, competitive, team player, independent thinker, friendship-focused and “they act out to get attention.” Each of us can ponder the aptness of that description.

Terry’s father was a chief engineer in the navy in World War II and in peacetime worked in the Halifax dockyard. His mother not only took the lead in raising the children but ran her own catering business, focusing on cakes, cookies and other sweets. That might help explain Terry’s prodigious sweet tooth. Indeed, in pre-COVID days, I could always tell if Senator Mercer had entered a committee room first –- all the good treats were gone from the hospitality tray.

His upbringing instilled a strong sense of community and the necessity for working hard to overcome the slings and arrows that outrageous fortune sent his way — and it did. Without going into the details here, Terry did just that.

He attended university at Saint Mary’s where he and Ellen met, beginning their long and mutually supportive life together. When she came down with ovarian cancer, they fought it together, and they continue their work to help find a cure for this terrible disease. They are a team. We acknowledge and celebrate your teamwork. However, I also feel compelled to point out that many who know them both consider Ellen to be the brains of the operation.

Their son Mike grew up in a household where politics was like oxygen. When he answered the phone, it could have been the Prime Minister calling. But Mike used this to his advantage. When he first met Lisa, who now is his wife, he wanted to impress her so much. So on their first date, he took her to a garden party at 24 Sussex Drive. That seemed to work, and now Terry and Ellen have two wonderful grandchildren, Ellie and Oliver. Terry, now you and Ellen will have more time to spoil them.

Terry respects and cares about the people he works with. David Sheppard, his director of parliamentary Affairs, once told me that it didn’t matter who you were; the boss always asked after how you were doing.

After I was appointed to the Senate, Terry was one of the first to reach out and give advice. He said, “It’s not just the position of senator that is important but how you fill that role.”

Thank you, Terry. God bless and may the wind fully fill your sails.

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  • May/5/22 2:00:00 p.m.

Hon. Brian Francis: Honourable senators, I would like to take a few minutes today to pay tribute to the Honourable Senator Terry Mercer, who I am happy to have called both a close colleague and a dear friend. Terry is rarely soft-spoken — and we’ve heard that mentioned earlier today by some — but his voice carries with it an enormous depth of wisdom, and his contributions have never failed to bring valuable insight into any discussion. I have always enjoyed listening to him speak, as Terry always brought humour and wit to our work. He has never been too shy to shout out a funny comment or observation and draw out laughter and joy. His easygoing manner made me feel right at home with the Progressive Senate Group.

With honesty, I can say that Terry is an extremely generous person. Of course, he has had a long and distinguished career, most notably in politics, but he has also worked extensively in the charitable sector. As a senator, Terry brought his experience to bear in advocating for and then chairing the Special Senate Committee on the Charitable Sector. But for me on a personal level, Terry has also been incredibly generous with his time and wisdom.

I want to express my deepest and most sincere gratitude to Senator Mercer for taking me under his wing, sharing his wealth of institutional knowledge and helping me find my role as caucus chair. Terry left big shoes to fill, but his generous nature made the transition smooth, straightforward and almost effortless. Terry’s door was always open, and he made himself eternally available to me. At that time, I was a relative newcomer to the PSG, but Terry made me feel like I had been a member of caucus for a much longer time, and he made sure I always felt welcome. I will always admire his role as caucus chair of the PSG: how he helped keep the good ship and crew safe through the uncertain waters of those early days of the PSG.

Terry, wela’lin and thank you for your guidance, your wisdom, your wit and your friendship.

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  • May/5/22 2:00:00 p.m.

Hon. Patricia Bovey: Honourable senators, and most of all, my Progressive Senate Group colleague, the Honourable Terry Mercer, and his family, what a day. After all these years of your serving Canadians as you have, with integrity, honesty and commitment, we in this chamber are going to be bereft of your wisdom, humour, advice, friendship and collegiality. Transitions are hard, so as you transition into the next chapter of your life, think of us transitioning without you in our committees and chamber deliberations.

Terry, in wishing you all the very best going forward, I want to thank you. I have learned so much from you in my few years in the Senate, from your leadership, to your knowledge of how the place works, to knowing all the precedents drawn from your keen archival memory, to having a vision for change and finding better ways to work on behalf of Canadians. You have served on many committees and taken the goals of each to heart, contributing with passion and with your unique sense of practicality.

I remember that bus ride to Kanata a number of years ago, when the Transport and Communications Committee was doing the fascinating study on autonomous vehicles. It was a field I knew nothing about when we began but, as you know, I soon became hooked. But that’s not what we talked about on the bus that day. We talked about charities and the need for a special committee on charities to examine how they work, their particular needs, some of the tax complications and inequities, their governance issues and more. We both had spent much of our careers in the charitable sector, you in the East and me in the West. Despite the geographical distance, it was funny how our perceptions and insights were so well aligned.

The Senate approved that committee, and I applaud the work you and its members did. The charities report the committee produced is truly substantive. It has already made a positive difference and more will come, I know. My disappointment was that I could not be a member as that committee met at exactly the same time as the Special Senate Committee on the Arctic, of which I was a member. However, to see the work progress simultaneously on these two critical needs was wonderful. I congratulate you and thank you for your tenacity in getting that study done.

On a personal note, your Canada Day celebrations sound amazing. Your stories of that annual Mercer celebration almost make me want to be a Nova Scotian. As you herald Canada’s history and present in the years going forward, please know I will be with you in spirit, despite my not being a Nova Scotian.

Senator, all the very best. Stay healthy and safe and enjoy that treat of being with your family again for more than the past several decades have allowed you to be. Thank you so much, my friend.

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  • May/5/22 2:00:00 p.m.

Senator Gold: Thank you for the question. You know, sometimes one lives in the past. Sometimes one lives in the future. Sometimes one must deal with the present.

I cannot predict the future, honourable senators. My constitutional law professor Laurence Tribe once quipped that if you lived by the crystal ball, you would be condemned to eat glass. My stomach is not strong enough to do that.

The Government of Canada has confidence in the justice who will be administering the public inquiry and confidence in the joint parliamentary committee looking into this. Most importantly, it has confidence in the laws of Canada that recognize the necessity for certain kinds of interactions within cabinet to remain confidential. This Government of Canada, previous governments of Canada — and here I will predict — future governments of Canada will insist on the maintenance and integrity of this principle, and will stand in defence of this principle, regardless of, in this case, a dredging up of matters from the past.

[Translation]

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  • May/5/22 2:00:00 p.m.

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. As anyone in this chamber with legal background knows — and certainly experienced parliamentarians who have worked in committees would know — the law of Canada and the Canada Evidence Act explicitly recognize, as all democratic countries do, the balance that needs to be struck between the disclosure of documents relevant to litigation and those rules protected by privilege that protect the disclosure of documents that would be injurious, in this case to national security or potentially other interests, such as privacy concerns, confidential information and the like.

Honourable senators, it is the role of the courts to determine whether or not those rules are properly invoked. The Government of Canada has every confidence in the courts to do their job appropriately to make sure that all relevant information is disclosed, but that information that is otherwise properly protected by privilege remains so.

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  • May/5/22 2:00:00 p.m.

Senator Plett: Thank you for that lesson in law. I also know that the government sues the Speaker when he rules against them.

In August 2019, after the Ethics Commissioner, Mario Dion, reported that the Prime Minister broke the law — how about that — in relation to the SNC Lavalin scandal, the Prime Minister told Canadians, “We fully cooperated with the Commissioner on this matter.” In fact, Ethics Commissioner Mario Dion said in his report that nine witnesses informed his office that they had information they believed to be relevant but could not be disclosed because it would reveal cabinet confidence. The Ethics Commissioner raised this directly with the Prime Minister. He still refused access to all cabinet confidence.

Leader, isn’t this a case of history repeating itself? Next year, when Justice Rouleau’s commission reports on the use of the Emergencies Act, won’t we hear the exact same thing about lack of access to witnesses and cabinet confidences, and won’t we hear the Prime Minister, once again, claiming he is being fully cooperative when he has done no such thing?

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  • May/5/22 2:00:00 p.m.

Senator Boisvenu: Senator Gold, as you know, the report suggests otherwise. The federal government has not been there for the victims.

Our national Victims and Survivors of Crime Week is two weeks away. This event has often been overlooked by the federal government for the past six years, and any commitments it does make are nothing more than empty rhetoric and slogans. Will you undertake to speak with the Prime Minister of Canada to ensure that these families are treated humanely, properly and appropriately?

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Senator Gold: Thank you, senator, for your question. I certainly undertake to convey your request to the Prime Minister’s Office.

[English]

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  • May/5/22 2:00:00 p.m.

Senator Gold: Thank you for your question.

As I mentioned just a moment ago, the government has launched an engagement process — that was last summer — to seek input on the Disability Inclusion Action Plan and the Canada disability benefit from disability communities, researchers, Indigenous organizations and other stakeholders.

As I also mentioned, work is still under way in the design and implementation of the Canada disability benefit and, therefore, I cannot speak to its contents. I will say that the government is committed to continuing to work with its counterparts in the provinces and territories and with the disabled communities to ensure that the benefit is designed with their needs in mind.

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  • May/5/22 2:00:00 p.m.

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of the family and friends of the Honourable Senator Mercer: his wife, Ellen Mercer; his son, Michael Mercer; his cousin, John Mercer and his wife, Neena; and a former staff member, Sherry Petten.

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

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  • May/5/22 2:00:00 p.m.

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, on behalf of all my colleagues in the Office of the Government Representative, I also want to pay tribute to Senator Terry Mercer. Senator Mercer has represented Nova Scotians in the senatorial division of Northend Halifax for almost 19 years. He has done so proudly, passionately and, on many occasions, unabashedly loudly.

Seriously, colleagues, Terry’s efforts with and for many charitable organizations and philanthropic foundations have been both determined and tireless. His interventions in this chamber on behalf of charitable causes close to his heart have shone a light on the work of those charities and on Canadians who need and benefit from their support. The Kidney Foundation, the YMCA, St. John Ambulance Canada and Diabetes Canada are just a few of the causes that have benefitted from Terry’s efforts.

As Senator Cordy mentioned, he has experience as a professional fundraiser. That was invaluable when he sat on the Special Senate Committee on the Charitable Sector. He understood as well or better than anybody the sector’s struggles and challenges.

Now, I don’t know what the statistics are relating to any one senator sitting on the same committee from the day he or she was sworn in until the day he or she retires — and I’m not a betting person — but I would hazard a guess, and probably put a few nickels down, that Terry Mercer’s tenure on the Standing Senate Committee on Agriculture and Forestry might be right up there in the top tier. His presence on that committee over almost two decades represents one of the mainstays and strengths of this chamber: institutional memory. Witnesses appearing before the committee knew that when Senator Mercer asked a specific question, he expected a very detailed and specific answer, especially from government ministers and officials. He knew his stuff and expected the same from all of them.

As a colleague, one never had to wonder what Terry might be thinking on any given issue. He always made his views known, and spending time with you, Terry, was always refreshing. You deserve your retirement. We wish you and your wife, Ellen, health, happiness, new adventures and time with your grandchildren. But you will truly be missed.

Thank you, Terry.

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  • May/5/22 2:00:00 p.m.

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, I rise to pay tribute to my friend, Senator Terry Mercer.

Senator Mercer was appointed, as has already been said, by the Right Honourable Jean Chrétien to represent the great people of Nova Scotia. Prior to being appointed to this chamber, as Senator Cordy already mentioned, Senator Mercer was well known within the Liberal Party of Canada for having been the director of fundraising and the national director.

His loyalty to Jean Chrétien and his party has been undeniable. During his maiden speech, Terry said:

My support for Mr. Chrétien’s legacy will be in the Senate not only for the opposition’s benefit but also for honourable senators in the caucus. I will remind them not to forget the legacy of Jean Chrétien over the years and those of us who have been sent here by him.

Senator Mercer could not have foreseen the kind of strange predicament our institution would be forced into by Justin Trudeau’s desire to cut ties in the name of Senate reform. Yet, it remains a testament to Senator Mercer’s loyalty to his political party that even after the Prime Minister decided to break his allegiance with the Liberals in the chamber, Senator Mercer’s allegiance never wavered. He was a team player from beginning to end.

For many years, Senator Mercer and I worked together on the Agriculture and Forestry Committee. Even though we were both very partisan senators, when it comes to farming, there is no such thing as a Conservative farming problem or a Liberal farming problem. Farming is farming, and the issues at stake were always the priority.

Senator Mercer and I also served together on the Transport and Communications Committee. Travelling together gave us an opportunity to become good friends. I recall the great times we had in Belgium during a study on wireless technology.

Colleagues, I will share a private conversation I had with Terry Thomas, our research analyst for the study. Mr. Thomas and I were walking down to get some chocolates for my wife, and I asked him to give me his opinion on who he thought were the two most partisan senators in the chamber. Keep in mind that these were the good old days when there were Liberals and Conservatives in the Senate. Our analyst, of course, hesitated in providing me with the answer, but I insisted. He eventually confessed that, in his opinion, Senator Mercer was the most partisan Liberal and I would take that position for the Conservatives.

I told him I had been hoping for this answer because I wanted to tell Mr. Thomas that Terry Mercer was probably my best friend in the chamber.

Colleagues, may this be a reminder that being partisan isn’t a bad thing, and partisan or non-partisan isn’t the issue at stake in this chamber; it is the well-being of Canadians. If Terry and I can be friends and work toward a common goal, it is possible for everybody.

Senator Mercer, I want to join the many Canadians in thanking you for the work you have done. But, colleagues, I could not speak today without mentioning that Terry Mercer will forever be known by Conservatives for denying leave, especially when the Liberals held the role of the opposition in the Senate. Many on this side of the aisle will forever hear the soft echo of your voice saying “no” to keep the government in check and ensure it doesn’t always get its way.

Terry, you leave big shoes to fill on that front, but I will do my utmost to fill the gap left by your absence and step up my game.

Humour aside, Terry, your retirement is well deserved, and our caucus and I wish you and Ellen the very best.

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  • May/5/22 2:00:00 p.m.

Hon. Larry W. Campbell: Honourable senators, I’m honoured to join numerous others today in celebrating the many contributions in the Senate and the life of our friend and colleague Terry Mercer. Some people won’t know this person, but in the immortal words of former senator George Baker, I will be brief.

Stating the obvious — and I don’t think anyone other than Senator Plett would be able to state it in better words — Senator Mercer was partisan to the core. The definition of “partisan” is a person who strongly supports a particular party, person or cause. In his case, he hit what is known as the trifecta. He staunchly represents, in all three categories, the people of Nova Scotia, his charity work and the Liberal Party of Canada.

I arrived here 17 years ago, and one of the first people I met was Terry Mercer. I remember former senator Jim Munson coming over and joining the conversation, and being absolutely overwhelmed by what they were talking about. It included his charities and what they were doing. They were going for Rolling Thunder on the Hill, if you remember that event. There was just so much going on, and I was, quite frankly, not sure if I was in the right place. Some would question it even now.

As we have already heard, Terry is devoted to charities. For the majority of us, charities are something that we give money to every once in a while or we might go for a walk for a charity, but until I met Terry Mercer, I never quite understood the depth involved in charities and, more importantly, how charities are so much a part of our Canadian fabric. From him and all of the different organizations that he had served with over the years, I learned that this was, in fact, something that had to be addressed on an ongoing basis by the Senate.

Once upon a time in this chamber, heckling was an accepted art. Senator Mercer was not familiar with the term “sotto voce,” or “under your breath.” His voice carries like the foghorn at Peggy’s Cove. It rumbled and it rolled. Even with a mask on, and even at this distance, I can hear his “no” or “quelle surprise,” as he taught me. We both are, of course, fluent in both languages.

Terry, you are a fierce partisan. Your passion and positive energy are supreme, but at a different time you were known to actually go and sup with what was known as “the other side” — a much different place then. When the bell rang for an hour, it was an opportunity for friendship to be enjoyed on both sides before we came back in and locked horns.

I do not remember much about the Mercer Christmas parties, quite frankly. Memory has a way of going on you as you get older. But I do know that they were joyous, and I do know that many people and groups in this city were benefited by them.

Terry’s love for his family is known throughout this chamber; his love for his children, for his wife and for the people of Nova Scotia. I’m so grateful for our friendship, and I wish you all the best in your retirement. Be well, my friend.

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