Senator White: Tomorrow is not Christmas. The reality is that amending this bill does not mean it does not get dealt with. As we know, everything can be done virtually. It could be done later on today or on Monday or Tuesday. There is no immediacy for us to even pass a bill, other than the fact that we have been told there is immediacy. In fact, last week the minister said that they welcomed amendments from the House and the Senate if deemed necessary for this legislation to pass. I’m arguing that if this legislation is necessary, this amendment is important.

On the first point, I haven’t looked at what other provinces have done, but if it’s in relation to the Criminal Code, unlike other jurisdictions such as Australia, we only have one; the federal one. So if we’re going to have Criminal Code offences, we have one opportunity and location and that’s here. Thank you.

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, I rise today to speak briefly to Senator White’s proposed amendment to Bill C-3, which the government opposes.

I would note for the record that the government carefully considered this issue during the Senate’s pre-study as it sought to proactively respond to the Senate’s concerns. But on policy grounds, the government cannot support this proposal for the following reasons.

[Translation]

I certainly agree with Senator White that we must do everything we can to protect health care workers. They have been nothing short of heroic this entire pandemic and have earned the respect and gratitude of most Canadians. Unfortunately, they have also been subjected to intimidation and abuse.

This problem has been around for a long time, but it was exacerbated and exposed by the pandemic. That is why, during the most recent election campaign, the government committed to making this bill a priority. Seeing as we are debating the bill today, the government clearly followed through.

[English]

Colleagues, it is important to note that health care workers are strongly supportive of this bill. The Canadian Nurses Association told the Social Affairs Committee that Bill C-3 “will help protect health care workers from threats and harassment” and “assist in retaining nurses in the workforce . . . .”

In a written submission, the Canadian Medical Association said it:

 . . . applauds the federal government for taking rapid action and introducing new legislation to protect health workers from threats, intimidation, and violence . . . and respectfully urges Parliament to support its enactment.

Clearly, the people this bill is meant to protect think it hits the mark.

As we have heard, Bill C-3 would create two new criminal offences. The first, intimidation, covers any attempt to provoke a state of fear in order to impede delivery or receipt of medical care. This offence would not be place specific nor time-specific. If you approach a health care worker and say, “Stop vaccinating people, or I’m going to beat you up,” you are guilty of this offence whether you do it at a hospital, private residence or grocery store, wherever. Importantly, it also applies to intimidation that occurs online.

The second offence covers interference with lawful access to a place where health services are being provided by a health professional. This doesn’t have to be just a hospital or a clinic. If health care is being provided in a private home, then it could apply there. If a vaccination clinic is being run out of a school gym, it could apply there. The key element is the provision of health services, not the place itself.

May I also point out that the law also provides considerable protection for private residences, often to a greater degree than public spaces. So depending on the activity in question, a person engaging in intimidating activity at, say, a doctor’s house could be guilty of provincial or territorial property crimes or other offences like trespassing or mischief, again depending on the circumstances.

For these reasons, while I recognize — indeed applaud — Senator White’s intent, I do not believe that the proposed amendment is necessary to achieve his aim.

Honourable senators, that is the government’s policy position, which I wanted to put on the record for your consideration.

However, I would also like to take a moment to contribute my perspective to the process, indeed, to the collaboration which has underpinned the parliamentary process that has unfolded with respect to Bill C-3.

Bill C-3 began as a government bill, but at this stage it is very much a product of all parties in the other place. In particular, I would like to recognize the contribution of Member of Parliament Tom Kmiec, whose Bill C-211 has largely been incorporated into this legislation. These new provisions deal with bereavement leave for parents after the death of a child, which is a personal matter for Mr. Kmiec whose infant daughter died tragically a few years ago. I’m glad we have been able to make this happen.

Senators, I too would have liked the Senate to have more time with this piece of legislation. I understand your concerns. I share them. Yet I do believe that Bill C-3 is also very much a product of the Senate because our pre-study had a very direct impact on the amendments that were carefully negotiated and adopted in the other place. That, colleagues, is one of the precise objectives of a Senate pre-study: to make sure that Senate concerns which surface early can be communicated, in this case through my office and through the good work of the sponsor to the minister and other colleagues in the government who listened carefully and attentively to our concerns and worked hard to answer and address those — and this in a minority Parliament where it was not simply a question of the government saying yes or no to us, but having to negotiate this with other members of other parties in the House. Negotiations, as I know all too well in this place, are never cost-free and don’t always happen overnight.

[Translation]

I want to thank the chairs of the two committees, Senator Jaffer and Senator Omidvar. Thanks to your leadership in facilitating the work, the government and I got the tools we needed to better understand the Senate’s concerns and to try to respond to them, in collaboration with all parties in the other place.

I also thank Senator Yussuff for everything he did on behalf of health care workers and all workers during our study of Bill C-3 and, really, for many years prior to that. He did a great job engaging with senators, listening and communicating senators’ concerns. The substantial amendments that have been made to the bill are a testament to his efforts.

[English]

Honourable senators, one of the government’s publicly stated priority objectives to begin the Forty-fourth Parliament has been to ensure Bill C-3 could receive Royal Assent before the Christmas break so that health care workers could feel more secure as we continue to weather this pandemic and that a modern, paid sick leave policy finally be put into place in federal legislation.

As we stare into another wave of COVID-19, with the Omicron variant spreading across this country, that objective has become more important than ever.

To achieve this goal, the government focused on consensus building and active listening, reaching out across the aisle in the other place and across the way into this chamber. As a result, even though we have received Bill C-3 in this chamber much too late in the calendar, the Senate’s fingerprints are all over it.

I know there is disagreement around the time constraints we face. I know it. Believe me, I hear you. But, honourable senators, how often is it that a bill proposing significant social policy, as well as changes to the Criminal Code, is adopted with the support of all parties, indeed, all MPs in the other place? Not only that, but how often does such a bill come to us with changes adopted unanimously by them that are so clearly reflective of the Senate’s pre-study work and ongoing interventions and communications behind the scenes with the government to transmit senators’ preoccupations?

As Government Representative, I want you to know that I’m very proud to bring this bill to this place. For all of these reasons in my view, Bill C-3, as adopted by the other place and now before us, is very much worthy of our support. Ultimately, I’m sure that we all share the desire to protect health care workers as much as we can. This bill represents significant progress in this regard. Doctors and nurses themselves support the legislation as it is, and they have asked us to pass it as it is. I encourage honourable senators to take their advice.

For that reason, this government cannot support the amendment put forward by Honourable Senator White, and I would invite you to reject the amendment as well. Thank you, colleagues.

Hon. Larry W. Campbell: Honourable senators, I rise today to speak on the amendment to Bill C-3.

Bill C-3 really is two bills. At any other time, we would be talking about an omnibus bill where we have two different subjects thrown into the same bill. In fact, for many years under the previous government, we were always complaining about omnibus bills where we get bills with a number of different issues in it. One of them is under the Labour Code to allow benefits for workers. One is under the Criminal Code. I completely support the changes to the Labour Code.

The difficulty I have is with changes to the Criminal Code. There are already provisions under the Criminal Code for the offences listed in Bill C-3, and I fail to understand how these changes to the Criminal Code will make it safer for health care workers. Instead of new offences, police and the Crown should be utilizing already existing legislation.

I ask you: Do you think that the courts would actually sentence someone to 10 years in jail for this new crime? I think not. That being said, I support Senator White’s amendment, because it will at least actually protect health care workers no matter where they are.

One of my concerns is that protest is one of the hallmarks of our democracy for unions and for different groups that want to put forward their views. Any time we limit this, we lessen our freedoms. I totally condemn the actions of a minority of Canadians who try to harass and intimidate health care workers. These people are cowards, and they should be sanctioned. But COVID should not be used to lessen the rights of people.

Perhaps as important is the manner in which the bill was received. It really doesn’t matter which government is in power — Liberal or Conservative. Three times a year we get bills at the last minute with no time to study them: Christmas, Easter and summer breaks. Over the 16 years I have been in this place, we kept hoping the role of the Senate would be recognized by the other place and that we would get bills in a timely manner so we could actually do our job. Christmas, Easter, summer — it just keeps on.

Is this democracy? Is this how the Government of Canada is supposed to govern? We talk about independence and how proud we are that we are not whipped — that we can do our job without a sword hanging over our head. Over the break, I hope that all senators will consider this problem. I look forward to hearing from Senator Tannas on how we can go about this.

I hope we can come back with actions to stop this undemocratic process on the part of the government. I wish all colleagues and staff a happy holiday season. Be safe. Thank you.

Senator Campbell: Absolutely.

Senator Campbell: Thank you for the question. Quite frankly, I don’t think I could be a health care worker. I don’t think I could do it.

That being said, the government has all the tools and should be telling these health care workers that we have the tools and we need to put them in place. We need to have the police and the Crown actually doing something under all of the different sections we have in the Criminal Code. I think it’s bad messaging on the part of the government that they haven’t been pushing to have charges laid every single time this happens — every single time. Because it’s happening in public. It’s not like this is being hidden. It is ongoing. From the point of view of a health care worker, I would be totally demoralized. I don’t know how they do it. I really don’t.

The Hon. the Speaker pro tempore: Senator Kutcher, do you have more questions?

Senator Downe: Just as a clarification, Senator Tannas didn’t indicate he wasn’t voting for the amendments. Senator Tannas wants to do what the rest of us want to do, which is to improve the legislation. The short answer is: Why would we put off improving it when we can do it now?

It’s not our problem that the House of Commons has adjourned. If the House of Commons had the proper respect for the Senate, they would have suspended until we dealt with the bills, even though they have adjourned. It’s easy, particularly in a hybrid session, to call the House of Commons back for one hour to deal with the amendment. If they were to accept our amendment, we would have improved the bill. If they were to reject it, we would have to consider that, as we always do, with the wisdom of the elected members.

For the House of Commons to say, “Oh well, Parliament is over. We’re gone. The Senate’s hands are tied,” is not correct at all. The Senate can amend anything we want, and in this case it is an improvement to the bill. If the House of Commons is serious about the importance of the bill, they can be recalled within an hour, as Senator Tannas said in his remarks. In a hybrid session, it’s even more cost-effective.

Senator Downe: Thank you for that. The problem, of course, is that we’ve heard various things from various governments over the years in various bills. We’ve heard, Senator Gold, as I outlined in my speech, various promises and commitments about legislation that has come forward from the House of Commons about what the purpose was.

Let me talk briefly about the veterans charter. We were assured that that New Veterans Charter would improve the benefits for veterans and their families. Not only did all the opposition parties in the government support it 100%, but many of the then-veterans groups supported it. The opposition came from individual veterans, many of whom claimed and were suspicious that it was a cost-saving measure, and we found out they were right. Veterans were denied benefits — people who lost limbs in the service of Canada overseas. Millions of dollars were lost, as the Parliamentary Budget Officer documented, because we asked him. The government said it wasn’t a cost saving; veterans said he checked it out, and sure enough it was.

Back to your point about the bill, what is said and what the interpretation may be is not up for discussion if Senator White’s amendment goes through. It brings greater certainty to an area I’m particularly concerned about, and that is the protest at the residence of the chief health official of Prince Edward Island that happened last Saturday. Dr. Morrison, her family and her children had protesters out in front of her house. Senator White’s amendment will fix that without a doubt, and that’s why I’m supporting it.

Hon. Denise Batters: I have a very quick question to Senator Downe.

Senator Batters: Thank you. In light of what Senator Gold said about the remarks of the Government Representative on this particular matter having some weight, would you also agree that it’s important to note, then, that today the government leader said that he referred to the pre-study and that this matter was properly considered at the pre-study of the Legal and Constitutional Affairs Committee? However, isn’t it important to note, then, that the pre-study consisted of the Minister of Justice and officials for one hour and that’s it? It was not an exhaustive week-long study or a full day-long study, or anything like that. Is that necessary to consider in that remark?

Hon. Brent Cotter: Honourable senators, I’ll try to be brief and, in a sense, follow up on Senator Dalphond’s observations.

In some of the discussion in the Legal Committee, there were some who suggested that this legislation is somewhat performative and that it wasn’t absolutely critical. I support the legislation as much as anything and the message that it conveys. I accept the view that Senator White’s amendment is to try to strengthen the legislation, but I don’t think, to be fair, it would make much difference, even if Senator Dalphond were incorrect. I think he’s right about the concerns of accidentally narrowing the scope of an offence.

My point is slightly different. If you look at the rest of the Criminal Code — and I’m going to name four different provisions: uttering threats, mischief, criminal harassment and intimidation. In my view, each one of these applies exactly and directly to the concern that Senator White would like to see addressed in this provision. My sense of what will be the most critical is not so much a slight tweaking of this provision, but, in circumstances that warrant it, that the police and prosecutors move forward proactively to address the circumstances that, among others, Senator Downe spoke so forcefully about.

I think the best thing to do is to vote against the amendment, confident that the Criminal Code already does the job we need and that this provision will help a little. That’s my view. Thank you.

Hon. Hassan Yussuff: Honourable senators, I would like to speak to the amendment proposed by my honourable colleague Senator White. I would like to thank him for his friendship and equally thank him for sharing his perspective with me.

I understand his desire to ensure that the bill captures all possibilities to protect health care workers from intimidation. I don’t think there is a single senator in this chamber who doesn’t agree with him, but I believe that this bill, along with other sections in the Criminal Code, cover my colleague’s concern regarding intimidation offences. Therefore this amendment is unnecessary, and I won’t support it.

The new intimidation offence created by Bill C-3 is meant to address circumstances where a health care worker or a person seeking health care services is subjected to any intimidating conduct. This could include threats or other forms of violence that are intended to provoke fear; interference with the duties of a health care worker; or, impeding a person from receiving health care services. While the purpose of the act of intimidation made to the health care worker must provoke fear and render them unable to perform their duties, the act of intimidation does not need to be done while the person is in the performance of their duties.

The act that is intended to provoke fear can be done anywhere, at any time, either in person or online or by any means. Consequently, it does not matter legally where the health care professional is when they are intimidated. The proposed amendment to include “in any place” with respect to the new intimidation offence is therefore redundant. This is why I think we shouldn’t support the amendment. Thank you.

[Translation]

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, before I turn to my text, a few words of apology are in order — first to Senator Woo, because I will be using a poem, or at least the structure of a poem, that he elegantly used on a previous occasion. I feel duty bound to offer my apologies as well to the Yeatses and Shakespeares of the world for what I’m about to do to the English language — and to Molière as well, as you’ll see in a moment.

The other thing that I would invite colleagues to do is indulge in a bit of poetic licence. I thought I would be giving this at night, perhaps even last night. So although I have made a few changes and without further apologies, my remarks to you all and those watching.

’Twas the night before rising, when all through the Senate,

The bills kept a-comin’ because the House didn’t get it.

They’d come to agreement and left to go home,

Not thinking of us down the street all alone.

We messaged and called and texted between us,

Sorting out how to law-make without all the fuss.

The studies got tabled and speeches were heard,

We did what was needed to push them to third.

We finally saw that the end was in sight,

The clock said we had one more hour to midnight.

While waiting for Rideau to give us its “yea,”

I know there was one more thing I’d yet to say.

Since COVID has kept many locked in a room,

Wearing masks and distancing and speaking through Zoom,

I owe you all a warm virtual kiss for getting it done, leaving nothing amiss.

[Translation]

There are one or two who deserve their own mentions,

They know this place well, the rules and conventions.

They help or they hinder, depending on the day,

It’s part of my job. Do I like it? I’ll say!

[English]

There’s Gagné and Benson and Plett and Pau Woo,

And Cordy and Tannas and Housakos now too.

To some I say thank you, and I mean this sincerely,

On days like this, we can see things most clearly.

We’re here for our country; we want what is best,

Our goals are the same; it’s not a contest.

Our families are waiting, so let’s get on our way,

Happy Holidays to all, and to all a very good day.

[Translation]

Hon. Leo Housakos (Acting Leader of the Opposition): On behalf of the official opposition, I would like to thank all our colleagues for their commitment, their cooperation, and their love for our great country, Canada. Thank you to all the leaders and the leadership of all Senate groups. In a very short period of time, just three weeks, we have accomplished a great deal as we kicked off this Forty-fourth Parliament. We have referred several public bills to committee for study, and we have referred several more to the House of Commons in the spirit of cooperation. I hope we’ll all keep up the enthusiasm and the same cooperative spirit as we continue our work in the new year.

[English]

I imagine, colleagues, in large part the last few weeks of cooperation is probably due to the spirit of Christmas. Of course, in the spirit of Christmas, we celebrate the birth of Jesus Christ, but also we celebrate giving and sharing with our loved ones and friends. We also spend the time just before Christmas reflecting on all the joys and wonderful things we are blessed with, but also reflecting on all the challenges that this country faces. Just last year, we were wrapping up for Christmas with a note of cautious optimism for the new year. We have taken some steps forward and some backward, but we will rise again with more hope and optimism for the coming new year.

We should also take time to reflect on the 30,000 Canadians who have perished during this existential crisis that our country is facing. We should take the time to reflect on the three colleagues we lost in this institution over the last 12 months, our dear friends and colleagues: Senator Elaine McCoy, Senator Josée Forest-Niesing and Senator Judith Keating. Over the last few months, I have thought about them on a number of occasions.

We think about our colleagues who are alive and doing well but have retired throughout this year: Senator Doug Black, Senator Linda Frum and Senator Carolyn Stewart Olsen.

We celebrate the coming of some of the new blood and talent as well.

I would also be remiss if I didn’t say goodbye to my colleague and friend Senator Thanh Hai Ngo, who is retiring on January 3. He left this place earlier today with the quiet humility he entered with many years ago, but he did work with vigour and dynamism in this place, supporting the things that were dear to his heart. He is a very respected member of the Vietnamese-Canadian community and respected by his colleagues. We wish him well.

I don’t want to take up any more time. I want to thank the leaders of the caucus and groups for their generosity in working with me for the last few weeks.

I want to thank all the administration of the Senate, each and every one of them. Without their support, we can’t do what we do here.

I want to thank Your Honour and the Deputy Speaker for steering the ship and doing their job with dignity and impartiality.

Merry Christmas to all. All I wish for everyone is health, health and more health in the new year.

[Translation]

Hon. Raymonde Saint-Germain: Dear colleagues, as this fall session comes to a close, I have mixed feelings of sadness and optimism. First, I would like to express my condolences to our colleagues who lost family members this year. My thoughts are with the families of our three colleagues who passed away: Senator McCoy, Senator Keating and Senator Forest-Niesing. I am also thinking of our colleagues who can’t be with us at present because they are ill.

I would also like to highlight, as Senator Housakos just did, the service of an eminent colleague who will be leaving us early in the new year. Senator Ngo served this institution for 10 years with elegance and distinction. Senator Ngo, I will miss your elegant turns of phrase, particularly in the language of Molière. We wish you all the best for a satisfying retirement.

Dear colleagues, this ongoing pandemic has not allowed us to serve our fellow Canadians as well as we would have liked. We have to acknowledge that it also made it harder to hold our debates. It definitely hampered relations and discussions in the Senate Chamber and in the committee corridors. These discussions are important for collegiality and the quality of our working relationship. That is the harsh reality, but the silver lining is the optimism now being expressed in these end-of-year greetings.

We have accomplished a lot, despite everything, to serve the cause of justice and peace in our country and around the world. That is our duty, a duty the Chair reminds us of every day in our moment of reflection at the beginning of the sitting. That is why, on this positive note, I want to acknowledge some of our accomplishments on contemporary issues over this pandemic year, 2021. These accomplishments are having a major impact on the lives of Canadians. I am thinking about the bill that became law on medical assistance in dying, the bill on the United Nations Declaration on the Rights of Indigenous Peoples, the creation of a National Day for Truth and Reconciliation and, more recently, the ban on conversion therapy. I won’t keep going, but there are other major accomplishments that we should celebrate as this fall session comes to an end.

That said, colleagues, we must not let this pandemic get the better of our democracy. I have faith that we will be able to put technology to good use and agree to meet as often as we can, both in the Senate and in committee, for as long as necessary. I suggest that we make this a group New Year’s resolution. I truly hope that we can keep this resolution in 2022 and that it won’t end up like other resolutions to diet or work out five times a week. I am all the more confident that we will keep this resolution based on what I have heard here today, about the importance of properly fulfilling our role as the chamber of sober second thought.

[English]

I will conclude by thanking all those who work every day behind the scenes with competence and dedication to help us fulfill our demanding mandate. To those in the Senate Administration, in our chamber and committees, and our staffers as well; to all of you, our deepest gratitude.

On behalf of the Independent Senators Group, I wish everyone a happy holiday season as well as a safe and peaceful resting time. Thank you.

The Hon. the Speaker: Is leave granted, honourable senators?

The Hon. the Speaker: Are honourable senators ready for the question?