Hon. Diane F. Griffin: Honourable senators, I’m inquiring about youth.

In the emergency regulations, there is a requirement that children under the age of 18 are not to be present in an unlawful assembly area or to be within a 500-metre radius, which is a full half kilometre. Why is it a 500-metre radius — a whole half kilometre — in downtown Ottawa that catches kids simply going to the park? Why is it not just in the unlawful assembly area? The area itself is quite comprehensive, especially in the urban area.

Senator Loffreda: Thank you for your response. We all agree that illegal funds must not support illegal activities.

My supplementary question was on the exit strategy which has been discussed in detail. Senator Gold, any further insights on new developments in the future on the exit strategy would obviously be welcome. I also very much welcome the following parliamentary review and inquiry on the matter. Thank you.

The Hon. the Speaker: Senator Gold, there are a number of senators who wish to ask questions. Are you prepared to take questions?

Senator Gold: Of course.

The Hon. the Speaker: Honourable senators, every senator who wishes to speak to this matter will have an opportunity to do so.

If, while a senator is speaking, a matter comes up that you want to question or that you disagree with, please take note of it and, when the opportunity arises, you can ask a question or speak to it yourself. Otherwise, please show some courtesy to senators who have the floor.

The Hon. the Speaker: I am sorry, Senator Housakos, and this is for all senators who wish to ask questions: Senators are obviously aware that you can only speak to this matter once. So when you are asking questions, please don’t use that as a platform to get in a second or a third speech.

Senator Gold: With pleasure.

Senator Gold: That is a very good question. The short answer is no. The parliamentary review committee will not be required to have the level of security clearance necessary to review confidential security information. We have an institution, the National Security and Intelligence Committee of Parliamentarians, or NSICOP, where the members are cleared and do have access to such information. Information of that kind is shared with those members on an as-needed basis.

I was referring, Senator Patterson, to those regulations that, by law, are not to be published in Canada Gazette, but to make sure that all regulations — even those under the Statutory Instruments Act that are exempted from publication — are nonetheless reviewed by this committee, which, if I recall, has to take an oath of secrecy but does not otherwise have the security clearance that would be required for intelligence information to be shared. I hope that answers your question.

Hon. Frances Lankin: Honourable senators, my question is for the Government Representative. I appreciated your speech, thank you very much, and I appreciate the questions that have been raised here.

In their questions, Senator Patterson and Senator Batters both touched on the issue of the review committee. I’ve read the documents and I thought I completely understood them. Between the questions and the answers, I might have some confusion now. My first question is to ask you to be very clear about the scope and powers of the parliamentary committee versus the inquiry that will be held within 350 days.

Senator Gold: Thank you for that invitation. I will certainly pass on your concerns to the government.

Senator Oh: Senator Gold, I was watching television media last night from U.S. networks. Some of them mentioned that Canada was under foreign influence. So you might want to take it up with the government.

Some Hon. Senators: Hear, hear.

[English]

Senator Gold: Thank you for your question. I fully expect that the inquiry will address all relevant questions surrounding the circumstances leading to the declaration of the emergency, which would include how policing was handled, both here and elsewhere. In that regard, I think the chamber should rest assured that the inquiry will be able to address the full scope of relevant concerns.

Senator Lankin: You didn’t touch on the inquiry, but that’s fine. As I understood the parliamentary committee, part of its role is more akin to oversight than review. I would point out that in the context of Canada, not other countries, it is quite extraordinary that there is a role of immediate oversight of sensitive information — not necessarily classified. I imagine that to be one, as actions continue and as we hear reporting of things that have happened or that powers — more to the point under this act — are reviewed and determined by that committee to be necessary or to be an overreach. For example, if there was an allegation of a Charter violation, there is an oversight function.

It occurs to me that this is extraordinarily important. We are a week or more into the application of the declaration of the emergency and we do not have a committee in place and do not have names. I understand the government House leader in the other place is working on that and is responsible. I thought it would have been up and running by now, but at the very least, when we come to our vote tomorrow or Thursday, whenever that takes place, there should be an announcement made so that the parliamentary committee can begin immediately. If this is an emergency and if this committee is to oversee that the measures are being applied appropriately and not in contradiction of the Charter, then that committee should be up and running. Can you please tell us when to expect that?

Senator Gold: Thank you for your question. The parliamentary review committee has a general review function and reporting. It also has what I would call an oversight function because it has the ability to consider, at the request of either senators or members of the House, the revocation of regulations or the amendment of regulations. It has both a review and a reporting function, as I tried to set out in my speech. I hope that answers your question.

Hon. David Richards: Thank you for your talk, Senator Gold. Also, thanks to the police. I have seven police officers in my family, and I have three in my caucus whom I respect a lot.

It’s funny that the support for this legislation comes in good part from a party whose members, up until two years ago, wanted to defund the police.

However, my question is about your statement that the Indigenous peoples wouldn’t be subject to this legislation. Are these always to be considered illegitimate protests, and can an Indigenous protest become violent? And if not, what would constitute a violent protest if the attempted derailing of trains and burning of police cars are never considered so? I think that reaches a level of violence. I would like you to comment on this, Senator Gold, please.

Senator Boisvenu: Thank you, Senator Gold. You used a phrase that in my opinion runs contrary to the act: “This legislation was necessary.” You should have instead said, “This legislation was obligatory,” because over the last 24 days, no criminal act has been committed. I have not seen any criminal charges laid in the last 24 days. Also, what actions has the government taken in those 24 days to clear out the occupants? What physical or legal measures has it taken, apart from thinking about it and choosing to do nothing?

Hon. Mary Coyle: Would the government representative take a question?

Senator Black: Thank you, Senator Gold. The government has chosen to prohibit certain assemblies around places that administer COVID-19 vaccinations, which means effectively all pharmacies across this country. At the very least, government or Parliament can take small but significant steps to offer similar protections to key pieces of critical agriculture infrastructure.

Could you please convey to the minister the section 2 critical infrastructure definition would need to be updated by the Senate or by cabinet, as this is a fundamentally different section than the ability of the minister to designate certain areas as protected places under section 6?

Senator Carignan: I’m too embarrassed to say no, so I’ll say yes.