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Journals of the Senate

65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 51 (Revised)

Thursday, June 16, 2016
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosHubleyJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWattWellsWhite

The Members in attendance to business were:

The Honourable Senators

*AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosHubleyJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWattWellsWhite

The first list records senators present in the Senate Chamber during the course of the sitting.

An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.

PRAYERS

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Information Commissioner for the period ended March 31, 2016, pursuant to the Access to Information Act, R.S.C., 1985,c. A-1,sbs. 40(1).—Sessional Paper No. 1/42-374.

Report of the Senate Ethics Officer, for the fiscal year ended March 31, 2016, pursuant to the Parliament of Canada Act, R.S.C. 1985,c. P-1,s. 20.7.—Sessional Paper No. 1/42-375S.

Presenting or Tabling Reports from Committees

The Honourable Senator Tkachuk, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented the committee’s sixth report (Bill C-11, An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities), without amendment).

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Baker, P.C., that the bill be placed on the Orders of the Day for third reading at the next sitting.

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Baker, P.C., presented the following:

Thursday, June 16, 2016

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

SEVENTH REPORT

Your committee, to which was referred Bill S-217, An Act to amend the Criminal Code (detention in custody), has, in obedience to the order of reference of May 18, 2016, examined the said bill and now reports the same with the following amendment:

1.Page 2: Delete clause 3.

Your committee has also made an observation, which is appended to this report.

Respectfully submitted,

GEORGE BAKER

Deputy Chair

Observation

to the Seventh Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-217)

As a result of the evidence heard during its study on Bill S-217, the committee recommends that Public Safety Canada complete a review of the Canadian Police Information Centre’s (CPIC) information-sharing system in order to assess current timelines and backlogs in entering new criminal records and updating existing ones.

The Honourable Senator Baker, P.C., moved, seconded by the Honourable Senator Mercer, that the report be placed on the Orders of the Day for consideration at the next sitting.

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Massicotte, Deputy Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented the second report of the committee (Budget—study on the effects of transitioning to a low carbon economy—power to hire staff and to travel).

(The report is printed as Appendix A at pages 650-659 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

The Honourable Senator Massicotte moved, seconded by the Honourable Senator Merchant, that the report be placed on the Orders of the Day for consideration at the next sitting.

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Lang, Chair of the Standing Senate Committee on National Security and Defence, presented the fifth report of the committee (Budget—study on issues related to the Defence Policy Review presently being undertaken by the government—power to hire staff and to travel).

(The report is printed as Appendix B at pages 660-667 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

The Honourable Senator Lang moved, seconded by the Honourable Senator Seidman, that the report be placed on the Orders of the Day for consideration at the next sitting.

The question being put on the motion, it was adopted.


The Senate observed a moment of silence in memory of Jo Cox, a member of the British Parliament, who was brutally murdered today at her constituency office in Birstall, England.

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Downe tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Second Part of the 2016 Ordinary Session of the Parliamentary Assembly of the Council of Europe, and its mission to the Slovak Republic, the next country to hold the rotating Presidency of the Council of the European Union, held in Strasbourg, France and Bratislava, Slovak Republic, from April 18 to 28, 2016.—Sessional Paper No. 1/42-376.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Pursuant to rule 13-4, the Honourable Senator Ringuette raised a question of privilege concerning the decision of the Standing Committee on Internal Economy, Budgets and Administration to change her designation from independent to non-affiliated on the Senate website.

Pursuant to rule 13-5(2), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Ringuette.

After debate,

A point of order was raised concerning the quoting of in camera transcripts.

Debate.

SPEAKER'S RULING

Senator Lang raises a good point. I think it is inappropriate to quote directly from an in camera session. You can continue with your point of privilege with that caveat, but I should tell you as well at this stage I’ve heard a fair amount. I clearly understand your question of privilege.

The Senate resumed debate on the question of privilege raised by the Honourable Senator Ringuette concerning the decision of the Standing Committee on Internal Economy, Budgets and Administration to change her designation from independent to non-affiliated on the Senate website.

After debate,

The Speaker reserved his decision.

Government Business

Bills – Second Reading

Second reading of Bill C-15, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures.

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare, that the bill be read the second time.

After debate,

The question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare, that the bill be referred to the Standing Senate Committee on National Finance.

The question being put on the motion, it was adopted.


With leave of the Senate,

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C.:

That, for the purposes of its consideration of Bill C-15, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, the Standing Senate Committee on National Finance have the power to meet, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

The question being put on the motion, it was adopted.

Reports of Committees – Other

Consideration of the fifth report (interim) of the Standing Senate Committee on National Finance, entitled: Second Interim Report on the Main Estimates 2016-17, tabled in the Senate on June 1, 2016.

The Honourable Senator Smith moved, seconded by the Honourable Senator Oh, that the report be adopted.

After debate,

The question being put on the motion, it was adopted.

o o o

Consideration of the sixth report of the Standing Senate Committee on National Finance, entitled: Supplementary Estimates (A), for the fiscal year ending March 31, 2017, tabled in the Senate on June 15, 2016.

The Honourable Senator Smith moved, seconded by the Honourable Senator Oh, that the report be adopted.

After debate,

The question being put on the motion, it was adopted.

Inquiries

Order No. 1 was called and postponed until the next sitting.

Bills – Third Reading

Order No. 1 was called and postponed until the next sitting.

Bills – Second Reading

Order No. 1 was called and postponed until the next sitting.

Bills – Reports of Committees

Orders No. 1, 3 and 4 were called and postponed until the next sitting.

Motions

Order No. 1 was called and postponed until the next sitting.

Other Business

Senate Public Bills – Reports of Committees

Consideration of the sixth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-225, An Act to amend the Controlled Drugs and Substances Act (substances used in the production of fentanyl), with an amendment and observations), presented in the Senate on June 10, 2016.

The Honourable Senator Runciman moved, seconded by the Honourable Senator Marshall, that the report be adopted.

After debate,

The question being put on the motion, it was adopted.

With leave of the Senate,

The Honourable Senator White moved, seconded by the Honourable Senator Ngo, that the bill, as amended, be read for a third time.

After debate,

The question being put on the motion, it was adopted.

The bill, as amended, was then read the third time.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill S-1001, An Act to authorize La Capitale Financial Security Insurance Company to apply to be continued as a body corporate under the laws of the Province of Quebec,

And to acquaint the Senate that the Commons has passed this bill, without amendment.

o o o

A message was brought from the House of Commons in the following words:

Thursday, June 16, 2016

ORDERED,— That a Message be sent to the Senate to acquaint their Honours that this House:

agrees with amendments numbered 1, 2(d), 2(e), 4, and 5 made by the Senate to Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying);

proposes that amendment 2(c)(i) be amended by replacing the text of the amendment with the following text “sistance in dying after having been informed of the means that are available to relieve their suffering, including palliative care.”;

proposes that amendment 3 be amended in paragraph (b) by adding after the words “make regulations” the words “that he or she considers necessary”;

respectfully disagrees with amendment 2(a) because requiring that a person who assists to be free from any material benefit arising from the patient’s death would eliminate from participation the family members or friends most likely to be present at the patient’s express wish, and this would violate patient autonomy in a fundamental and inacceptable manner; and

respectfully disagrees with amendments 2(b), 2(c)(ii) and 2(c)(iii) because they would undermine objectives in Bill C-14 to recognize the significant and continuing public health issue of suicide, to guard against death being seen as a solution to all forms of suffering, and to counter negative perceptions about the quality of life of persons who are elderly, ill or disabled, and because the House is of the view that C-14 strikes the right balance for Canadians between protection of vulnerable individuals and choice for those whose medical circumstances cause enduring and intolerable suffering as they approach death.

ATTEST

MARC BOSC

The Acting Clerk of the House of Commons

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare, that the message be placed on the Orders of the Day for consideration at the next sitting.

The question being put on the motion, it was adopted.

ADJOURNMENT

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C.:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 5:36 p.m., the Senate was continued until tomorrow at 9 a.m.)

DOCUMENTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7)

Reports of Transport Canada for the fiscal year ended March 31, 2016, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21,sbs. 72(2).—Sessional Paper No. 1/42-362.

Report of the Transportation Appeal Tribunal of Canada for the fiscal year ended March 31, 2016, pursuant to the Transportation Appeal Tribunal of Canada Act, S.C. 2001,c. 29, s. 22.—Sessional Paper No. 1/42-363.

Reports of the Transportation Safety Board of Canada for the fiscal year ended March 31, 2016, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985,c. A-1 and P-21,sbs. 72(2).—Sessional Paper No. 1/42-364.

Report of the Canadian Egg Marketing Agency (Egg Farmers of Canada), together with the Auditors’ Report, for the period of December 27, 2014 to December 26, 2015, pursuant to the Farm Products Agencies Act, R.S.C. 1985,c. F-4,s. 30.—Sessional Paper No. 1/42-365.

Report of the Chicken Farmers of Canada, together with the Auditors’ Report, for the year ended December 31, 2015, pursuant to the Farm Products Agencies Act, R.S.C.1985,c. F-4,s. 30.—Sessional Paper No. 1/42-366.

Report of the Canadian Turkey Marketing Agency (Turkey Farmers of Canada), together with the Auditors’ Report, for the year ended December 31, 2015, pursuant to the Farm Products Agencies Act, R.S.C. 1985,c. F-4,s. 30.—Sessional Paper No. 1/42-367.

Report of the Canadian Hatching Egg Producers, together with the Auditors’ Report, for the year ended December 31, 2015, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4,s. 30.—Sessional Paper No. 1/42-368.

Report of the Canada Pension Plan Investment Board, together with the Auditors’ Report, for the fiscal year ended March 31, 2016, pursuant to the Canada Pension Plan Investment Board Act, S.C. 1997, c. 40,sbs. 51(2).—Sessional Paper No. 1/42-369.

Reports of the Department of National Defence and the Canadian Armed Forces for the fiscal year ended March 31, 2016, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985,c. A-1 and P-21,sbs. 72(2).—Sessional Paper No. 1/42-370.

Reports of the Military Grievances External Review Committee for the fiscal year ended March 31, 2016, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985,c. A-1 and P-21,sbs. 72(2).—Sessional Paper No. 1/42-371.

Reports of the Military Police Complaints Commission for the fiscal year ended March 31, 2016, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21,sbs. 72(2).—Sessional Paper No. 1/42-372.

Reports of the National Defence and Canadian Forces Ombudsman for the fiscal year ended March 31, 2016, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21,sbs. 72(2) and s. 73.—Sessional Paper No. 1/42-373.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Sibbeston was removed from the membership of the committee, substitution pending (June 15, 2016).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Cowan was removed from the membership of the committee, substitution pending (June 16, 2016).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Fraser was removed from the membership of the committee, substitution pending (June 16, 2016).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator McIntyre replaced the Honourable Senator Beyak (June 16, 2016).

The Honourable Senator Beyak replaced the Honourable Senator McIntyre (June 16, 2016).

Standing Senate Committee on National Finance

The Honourable Senator Beyak replaced the Honourable Senator Neufeld (June 16, 2016).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Cools was removed from the membership of the committee, substitution pending (June 15, 2016).

Special Senate Committee on Senate Modernization

The Honourable Senator Bellemare was removed from the membership of the committee, substitution pending (June 15, 2016).

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