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Decentralized Democracy

Senate Volume 153, Issue 19

44th Parl. 1st Sess.
February 22, 2022 09:00AM
  • Feb/22/22 9:00:00 a.m.

Senator Gold: Thank you for your question. I followed your question, which is an important one, up until the very end. I’m not entirely clear what the last phrase was. I will make an effort to answer, but I would encourage you to follow up if I have misunderstood the thrust of it.

Thank you for pointing out the different provisions, which I won’t elaborate on; I’ve said it in my speech.

A motion under section 58 is what we are seized with. Our job is to confirm or deny. As I said earlier, I am not going to lean on the fact that we’re dealing with one process under the act and then there is another process.

However, since you raised it — and it’s important for senators to appreciate, as I’m sure they do — even if we confirm, as I hope we do, the government’s decision to invoke the act and declare an emergency as of February 14, which is technically the question before us, the act, in its wisdom and in the wisdom of the parliamentarians who drafted it, gave us tools to continue to challenge the government’s maintenance of an emergency, even if both houses of Parliament confirm it.

Now, I know that for many who are tired — “tired” is maybe the wrong word; who are concerned about the maintenance of extraordinary measures, I think is more accurate — they want to see an end to this as quickly as possible. The government’s position is that it is not appropriate to end the measures now and that it is appropriate to confirm the decision the government took on February 14. It is equally true that even if those of you who would want to end it now do not win the vote, there are other methods and means that you could and should use, if you so wish, to have us, as parliamentarians, revisit it.

I should add, senator, as you well know, that it does not require both houses of Parliament to agree. All it would take would be 10 senators here — it could be from one group or from all groups, including unaffiliated senators — to trigger a process with which we would be seized. As a senator, putting aside my role as Government Representative, I would be pleased to see us, as parliamentarians — I’m not encouraging you to do this; please don’t misunderstand me — but as a senator, as someone who believes in our democratic institutions, I would be proud that we were using all the democratic tools in our kit in order to make sure that what the government does, this government or any other government, is held to account.

Lest I be misunderstood, it is the position of the government that it had reasonable grounds on February 14 and that the measures are still necessary for the time being. It is also the position of the government to applaud the previous government for having put into place a law that has so many checks and balances and protections; one that does not oust our fundamental rights and freedoms. That makes me proud as a Canadian, as a senator and as the representative of the government.

542 words
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