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?

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 Jaffer: Senator Gold, as a person of African descent and a Muslim, extra police powers always really worry me. I have first-hand experience of it. In 2001, I was in the chamber and we passed the Anti-terrorism Act. My community is still suffering from the effects of what we passed in 2001.

What I want to know, has anybody thought of how to reach out to African-Canadians, to Indigenous people, to people of colour so that they are not policed more than others under these acts. I know that many of them were not directly involved, but I can tell you that I have heard from many people in the community that these will be more powers that can be used against them.

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Have you had any discussions with any ministers or the Prime Minister about this? Thank you.

Hon. Patrick Brazeau: My question is for the Government Representative in the Senate.

[English]

This question is very specific to the illegal Ottawa occupation. Let’s face it, we had a Chief of Police for the City of Ottawa, Peter Sloly, who had to step down because of this illegal occupation. Therefore, can you tell us if the Government of Canada is aware of whether the Ottawa Police Service had been compromised or if there was an attempt at compromising the police force?

The Hon. the Speaker pro tempore: Honourable senators, the time has expired.

Hon. Marc Gold (Government Representative in the Senate): You’re correct, it’s in the regulations, senator. I think section 7 of regulation 2 provides an immunity to banks for civil actions taken in good faith. So that is correct. In order for the banks to do the job we need them to do — to review and report on activities — that is what was required.

However, it is still the case, and as the RCMP statement illustrates, there is close work between the RCMP and the financial institutions to work out appropriate processes to be fair to those whose accounts may have been frozen but who are no longer actively participating in illegal activity.

I think I mentioned in my remarks that if that turns out to be unsatisfactory, and there is no reason to assume that it will be, then there can be further steps that a customer might take to the Financial Consumer Agency of Canada.

Though it is true, senator, that section 7 of these temporary regulations provide this immunity, it is still the case that the courts are open to challenges based either on the constitutionality of the act, whether the regulations themselves were properly authorized by the act or for Charter challenges based upon breaches that allegedly infringe the Charter.

I think that is most the complete answer I can give you at this juncture.

Senator Wallin: The remedies you suggest assume you have resources, which is the problem if your resources are frozen or you don’t have access to them.

The other concern I have is that banks, in an attempt to comply with this legislation — which is both extraordinary and not detailed yet because we have to learn from experience — will have to overreact in order to protect themselves so they are not seen to be exempting someone from this law or not taking tough enough measures. We have seen in many other cases that people overcompensate when the law is unclear. What strategy do you have to combat that?

Hon. Julie Miville-Dechêne: My question is also for Senator Gold. First, I want to thank you for participating in this marathon of questions, which has been going on for more than three and a half hours. That is quite impressive. One thing is bothering me. The government is keeping the emergency measures in place at this time, when there are no visible signs of a crisis. It is saying that, based on secret information, the risk is still too great to revoke the law. Senator Gold, doesn’t this create a dangerous precedent for the future? Could this special legislation be invoked again solely on the basis of secret information, which would obviously be difficult to accept in a democracy?

Senator Miville-Dechêne: I want to be sure that Senator Gold understood what I was saying. I’m talking about the current situation. Now that the occupation is over — and I’m talking about what was said yesterday at the briefing, when you said that you had privileged information about the intentions or threats — I have a simple question. How can we, as parliamentarians, as senators, be called upon to make an objective judgment on the threats you’ve mentioned without actually knowing what they are? How can we make an objective judgment on whether the Emergencies Act is still required today?

The Hon. the Speaker: Senator Gold, we’re about to start our second round of questions. Do you want to continue taking some questions?

Hon. Claude Carignan: My question is about alternative dispute resolution mechanisms.

In any demonstration, whether we’re talking about strikes, street blockades or crises, like the one in Oka in 1990, two years after the Emergencies Act passed — and which was an actual emergency — alternative means of resolution are often used, including mediation, and authorities sometimes try meeting with protesters and building bridges to resolve the impasse.

In fact, your father, whom I greatly admired, was appointed as mediator to settle the Oka dispute, and he was quite successful. Did the government make any attempt at conciliation or mediation with the people occupying Wellington Street to resolve the problem, as was done in Oka in 1990 under the Brian Mulroney government, at the federal level, and the Bourassa government in Quebec, when your father was tasked with resolving that crisis?

Hon. Victor Oh: Honourable senators, my question is also for the government leader in the Senate Chamber.

Senator Gold, you say CSIS indicated that there was foreign influence in this protest or occupation. Can you share with us who the foreign influences were and what we are going to do about it?

Senator Gold: With great pleasure.