Hon. Scott Tannas: My question is for Senator Gold.

On October 24, Senator Dennis Patterson asked you a question about whether the government was seeking an extension to the Supreme Court of Canada’s deadline on Bill S-12. You replied saying that we should respect the deadline. Two days later, you informed the Senate that a three-month extension was granted.

We know extensions don’t happen overnight. Senator Gold, when did the Attorney General of Canada first give notice and apply to the Supreme Court for an extension? When were you informed? Finally, were you happy with the process?

Hon. Marc Gold (Government Representative in the Senate): Thank you for your questions. With respect, I do not believe that the project has been mismanaged at all.

The National Monument to Canada’s Mission in Afghanistan will be a solemn tribute to the 40,000 Canadians — the military, police and civilians — who served there. I understand that in the process, Veterans Affairs Canada heard from more than 10,000 Canadians about the monument designs. The Team Stimson design best reflects the input of veterans, their families and others who served on the mission.

Hon. Donna Dasko: My question is for the Government Representative in the Senate.

Senator Gold, it’s great to see some Senate vacancies being filled last week. I offer congratulations and a very warm welcome to our new colleague and to the colleagues who will join us in a couple of weeks.

Coincidentally, my question is about Senate vacancies. At this point, my province of Ontario has four vacancies, which is by far the highest number of vacancies of any province. Ontario is Canada’s most populous province by far, and even with a full complement of 24 senators from Ontario, my province is underrepresented in this chamber relative to our population.

When can we expect the Prime Minister to act on filling the vacancies to ensure that Ontario is adequately represented in the chamber of sober second thought?

Hon. Marc Gold (Government Representative in the Senate): Thank you for your questions. I’ve said on many occasions all of us want to see all the vacancies filled. The appointment process that was put in place by this government, designed to recruit and attract the interest of and make available to the Senate a diverse range of competent Canadians, is under way. My understanding is the process is well in place in terms of Ontario.

I’m not able to answer as to when those vacancies will be filled, but the government is proceeding with dispatch with regard to those vacancies.

Hon. Ratna Omidvar: Senator Gold, we’ve all read that the Government of Pakistan is forcing millions of Afghan refugees to return to Afghanistan. This is not just shocking; it’s against international law and puts many lives at risk.

I know there are Afghans who have been accepted into Canada as refugees but haven’t been able to leave Pakistan. Many of them are Hazara minorities. They are now being forced back to Pakistan, which puts them obviously at further risk of persecution by the Taliban.

What is our government doing to ensure these refugees are allowed to exit Pakistan and come to Canada?

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. The government is very aware of the situation Afghan refugees are facing in Pakistan and continues to monitor it closely.

I’ve been advised that the government is in dialogue with the Government of Pakistan to ensure safe and expedited passage of Canada-bound Afghan refugees. While the government has already met its target of resettling at least 40,000 Afghan refugees to Canada, which is a significant achievement, the government will continue to do everything it can to bring Afghans here and to safety.

Hon. Marty Klyne: Senator Gold, the government has pledged to close the infrastructure gap in Indigenous communities by 2030. However, the House of Commons Indigenous and Northern Affairs Committee has warned in its June 2022 report that at the current pace of investments, this target will not be met when it comes to housing.

Can you please elaborate on how the Department of Indigenous Services Canada measures the existing gap, and when we will see the promised estimate of First Nations’ infrastructure needs? Will this estimate be included as part of the investment package in the upcoming Fall Economic Statement?

Hon. Marc Gold (Government Representative in the Senate): Thank you for these important questions, senator. There is indeed a significant infrastructure gap between Indigenous and non-Indigenous communities in Canada. Infrastructure investments are a key element of the government’s commitment to foster the growth of safe, healthy and prosperous Indigenous communities and to support the participation in our economy of Indigenous communities and their businesses.

Let me note that since April 2016 and as of June 30, 2023, $9.92 billion in targeted funds has been invested towards 9,457 projects that will benefit Indigenous communities. I have been assured that Indigenous Services Canada will continue to work directly with First Nations, First Nations organizations and other federal organizations to identify what further measures and investments may be required to close this infrastructure gap by 2030.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. Let me begin by referring back to my intervention at the message stage on Bill S-12. On Thursday, October 26, I advised the chamber that my office was subsequently informed that for contingency purposes, the government did, indeed, seek an extension of the deadline as a responsible course of action in the event that things did not work out as part of the parliamentary process.

As you know, the court granted the extension. I was informed of this the next day, prior to the start of the sitting and our debate, and I immediately informed all leaders to that effect.

As it turns out, the existence of the motion for an extension was, in fact, part of the public record and readily accessible online to any interested person, any Canadian or, indeed, any parliamentarian, where their office could have checked the record of the case on the Supreme Court website. We did not, and I’m afraid others did not either.

That said, I’ve brought your concerns to the attention of the government. Efforts will be made in the future to ensure that this chamber is more readily made aware of legislation that may be subject to court-imposed deadlines.

Hon. Donald Neil Plett (Leader of the Opposition): Having this Liberal government is cruel and unusual punishment. Time and again, the Prime Minister shows he’s not worth the cost, and this response to the matter of victims’ rights is no exception. The NDP-Liberal government let the position of the Federal Ombudsman for Victims of Crime go vacant for 361 days. In 2018, when the position of the ombudsman for federally sentenced offenders became vacant, it was filled the very next day.

Why are victims’ rights and safe streets always an afterthought for the Trudeau government?

Hon. Marc Gold (Government Representative in the Senate): Let’s be clear about what the Supreme Court did and did not do. First of all, child luring and all sexual crimes are appalling and intolerable. They deserve to be punished accordingly. Those who read the decision and know how the Supreme Court addresses this know the decision was rendered on the basis of hypothetical potential case issues and not necessarily the facts of the case. In fact, the Supreme Court increased the prison sentence for the perpetrator in this case, which is an unmistakable message from the Supreme Court that these offences must be punished severely. The Supreme Court’s decision emphasizes:

 . . . that sentences for these crimes must account for the far‑reaching and ongoing damage sexual violence causes to children, families and society at large . . . .

I have no knowledge to suggest that the government would invoke the notwithstanding clause in this regard.

Hon. Donald Neil Plett (Leader of the Opposition): Government spokesperson, last Friday, the Supreme Court of Canada issued a ruling that many Canadians — myself included — found disappointing, disturbing and, quite frankly, disgusting. The Supreme Court ruled that mandatory minimum penalties for the despicable crime of child luring are unconstitutional. Our highest court says a six-month jail sentence for a summary conviction and a one-year sentence for an indictment amount to cruel and unusual punishment. Child luring is cruel and unusual punishment. Canada’s children deserve better protection.

After the decision was handed down, Canadians were told the Minister of Justice was reviewing it closely. What is the Trudeau government going to do in response? For example, will it invoke the notwithstanding clause?

Hon. Yonah Martin (Deputy Leader of the Opposition): Government leader, the Trudeau government has yet to fulfill a promise — another promise — made during the 2021 federal election campaign to create a new federal transfer to the provinces and territories called the Canada Mental Health Transfer, with an initial investment of $4.5 billion over five years.

In March, after the federal budget failed yet again to put this transfer in place, the Canadian Mental Health Association said that your government was out of touch with the mental health crisis in our country.

When the previous minister of health was asked about this a year ago, he would only say that he’d continue to engage with the provinces. Leader, what is the current status of the Canada Mental Health Transfer?

Hon. Leo Housakos: Senator Gold, it’s getting cold outside. Even here in Ottawa, there is no denying that winter is on its way. However, yesterday, your Liberal colleagues in the House of Commons chose to further punish hard-working Canadians by voting against our motion to remove the carbon tax from all home heating in Canada. The gimmick announced by Justin Trudeau a couple of weeks ago does nothing to promote the use of cleaner forms of home heating fuel, but does leave 97% of Canadian households out in the cold. Those Canadians are struggling not only to keep the heat on this winter but also to fill up their cars to get to work, keep food on the table and keep their barns warm to produce food that the rest of us eat. Do they not matter because not enough of them voted Liberal? Is that what this is all about, Senator Gold? Is this a bribe, Senator Gold, or a threat? Which of these two is it?

Hon. Julie Miville-Dechêne: Senator Gold, in 2022, the number of Canadians who were authorized to receive medical assistance in dying, or MAID, increased by 31%. In Quebec, there was a 46% increase. In a Globe and Mail editorial published last week, we learned that Quebec, sadly, is the MAID world champion. Unsurprisingly, the chair of Quebec’s commission on end-of-life care is worried about borderline or non-compliant cases.

In that context, expanding MAID to include mental illness raises many questions. In its editorial, The Globe and Mail wondered if, considering the statistics and justifications, some requests for MAID were granted only because the applicants were old.

Senator Gold, is the government aware of the problem? Will it tighten some of the criteria, which are much too vague?

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. It’s neither one nor the other. The government has made fighting climate change a central element of its legislative agenda and policies. It’s hard work. It’s going to take time, and, indeed, progress is painfully slow at times. The government also makes adjustments, as it has done from the beginning, to try to mitigate the impact that a price on pollution imposes necessarily — by virtue of its nature — on Canadians. It will continue to do so and try its best to chart a responsible path forward, because we and future generations face an existential crisis in this country and on this planet. The government remains committed to addressing that crisis.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. MAID is a complicated and deeply personal subject. Every individual has his or her own history. Requesting MAID is a serious decision.

As you know, colleague, the Special Joint Committee on Medical Assistance in Dying has reconvened to examine these issues and is continuing its work today. I look forward to its report.

Hon. Marc Gold (Government Representative in the Senate): Well, the short answer to that question is that they’re not an afterthought. The government’s approach to criminal law issues generally and criminal law reform differs from that of the Conservative Party, and the government stands on its record of introducing balanced, humane and constitutionally valid measures to keep Canadians safe.

[Translation]

Hon. Donald Neil Plett (Leader of the Opposition): Well, again, government spokesperson, yesterday — as Senator Housakos already pointed out — Liberal MPs, together with Bloc MPs, voted against supporting Canadians. Instead, they continue to support Prime Minister Trudeau’s carbon tax as punishment for not voting Liberal — and they had help, as I said, from the Bloc.

Yesterday, La Presse reported that the Bloc MPs have told Liberal cabinet ministers they will be patient about triggering an election, which is scheduled two years from now. They have Jagmeet Singh, and now they have a group that is sworn to breaking up our country supporting the Prime Minister.

What did the Prime Minister promise the separatist Bloc to vote with him against carbon tax relief for all Canadians and support him for another two years?