Senator Wallin: About data collection and its —

The Hon. the Speaker pro tempore: Senator Tannas, we have a few senators that are in line to ask you some questions. Will you accept questions?

The Hon. the Speaker pro tempore: Is it your pleasure, honourable senators, to adopt the motion?

Hon. Scott Tannas moved:

That, pursuant to rule 5-7(b), the question under debate be referred to the Standing Senate Committee on Legal and Constitutional Affairs for examination and report; and

That the committee submit its final report no later than March 31, 2022.

Senator Tannas: I will, any and all.

Hon. Jim Quinn: I move the adjournment of the debate.

The Hon. the Speaker pro tempore: It is moved by the Honourable Senator Quinn, seconded by the Honourable Senator Downe, that further debate be adjourned until the next sitting of the Senate.

If you oppose adjourning the debate, please say “no.”

The Hon. the Speaker pro tempore: We’ll have a vote at 6:01. Call in the senators.

Motion negatived on the following division:

The Hon. the Speaker pro tempore: I believe the nays have it.

And two honourable senators having risen:

Hon. Claude Carignan: My question is for the Leader of the Government in the Senate.

On February 18, 2022, to justify the use of the Emergencies Act, the Minister of Foreign Affairs said, and I quote:

 . . . we know that foreign interference is a reality, which is why we decided to go ahead.

That said, on the subject of funding, she also said, and I quote, “. . . where is this information campaign coming from? Where is its funding coming from?”

These were the grounds used to justify the seizure of bank accounts belonging to individuals who participated in the various demonstrations. In your opinion, did these grounds justify the violation of section 8? Were there sufficiently urgent, real and serious grounds to seize bank accounts without a warrant?

Senator Dalphond: Senator Richards is right to refer to the fact that the source of the issue here is a contract that was entered into between the federal Crown and the Government of Canada in 1880. That’s an old contract. I agree with that. That is a clear definition of it. But the judgment of the Federal Court of Canada that was released in September, before the Saskatchewan legislature adopted the motion, is essentially about the scope of this contract. Since the Federal Court has decided that the scope of this contract does not encompass income tax, GST, excise tax or tax on carbon, maybe we should look at these issues carefully and make sure that what is left for Saskatchewan — Saskatchewan is forced to provide an exemption as long as the exemption is provided in the contract.

So if there’s not much in the contract, maybe we’re not talking about $391 million. Maybe we’re talking about the tax on capital according to provincial, Saskatchewan law for the periods that are not yet time barred. Maybe we are talking about a few million dollars. Maybe it’s something we should be looking at as you suggest. I certainly appreciate your suggestion and think it’s a good one.

Hon. Ratna Omidvar: Honourable senators, I, too, would like to congratulate Senator Griffin for an outstanding term in the Senate.

My question is for the representative of the government in the Senate. Senator Gold, just a few weeks ago Minister Fraser, the Minister of Immigration, announced an ambitious immigration plan. However, as we know, events overtake plans, and the events of the last week in Ukraine perhaps more than most.

Will the government make additional commitments on top of the stated levels to accommodate a wave of Ukrainian refugees without impinging on its commitments to Afghan and other refugees?

Hon. Pierre J. Dalphond: Honourable senators, I understand from the questions asked of Senator Tannas, and from the answers he gave, that it is suggested that we focus on this issue sooner rather than later. I would like to point out, for those who say it has been adopted unanimously by the House of Commons and the legislature and suggest that the Senate should maybe not carry out due diligence, that section 47(1) of the Constitution Act provides that if we have not adopted the motion “within one hundred and eighty days,” then the House of Commons can vote again on that motion and the Senate will not be able to say anything about it.

So what you’re proposing is that we send it to committee, look at it, report and decide within six months following the date that the House of Commons adopted the motion.

Senator Lankin: Thank you, senator. Those are issues that we can explore at committee when officials and, hopefully, the minister appear; and I undertake that I — and others, I’m sure — will. I have no supplementary. Thank you.

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The Hon. the Speaker: Senator Woo, did you have a supplementary?

Senator Gold: The answer is yes. Colleagues, let’s recall, in addition, that TMX, Line 3 pipeline, NOVA Gas Transmission line and LNG Canada are all projects that the Government of Canada has approved and are being built. Thousands of jobs were created. The government continues to work and will continue to work with our partners in the sector to attract investment and grow our economy in a responsible way.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. As you pointed out, our mission in Ukraine is a training one, not a combat mission. A combat mission to Ukraine, colleagues, is not currently on the table. That is in line with what our NATO allies have stated. The NATO Secretary-General also said just that on February 24. We will continue to act in lockstep with our allies.

With regard to other aspects of your question, while I can confirm that the government has relocated some of our forces outside of Ukraine, the government will not disclose any specific details in order to maintain operational security. This does not signal the end of the mission, however. Canada remains committed to its capacity-building efforts and, of course, to the people of Ukraine.

Hon. Elizabeth Marshall: Honourable senators, my question is also for Senator Gold, the Leader of the Government in the Senate.

Senator Gold, the government has not released its debt management report for the 2020-21 fiscal year — a year that ended 11 months ago. That year was also the first year of the pandemic, during which the government borrowed heavily, so that report is of great interest. The government has a statutory obligation to table that report within 30 sitting days of the release of the public accounts. By delaying the release of the public accounts to December 14, the government has been able to push back the deadline for the release of the 2020-21 debt management report to March 28. Since we’re now studying Supplementary Estimates (C) and Bill C-8, which implements the fall fiscal update, when can we expect to see the debt management report?

Senator Lankin: I want to thank you for your contribution to our understanding of this bill, Senator Seidman, and I’d like to thank Senator Marshall as well. Both of you have such deep expertise that you bring to the consideration of a bill like this. It is helpful, and you play an important role as critics.

With regard to the concerns you raised, could you parse for me which ones you would want to move forward as amendments to this bill and which ones you think are the sorts of things that we might append in observations, for example?

My understanding is that there were discussions, though not necessarily agreement, that this might move quickly through committee.

Could you help us by telling us, from your own understanding, what you think could be accomplished through observations versus what would be a critical amendment to this bill? Thank you very much.