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67 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 246 (Unrevised)

Thursday, November 8, 2018
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoehmBoisvenuBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)DeanDuffyDupuisDyckForestForest-NiesingFureyGoldGreeneGriffinHarderHartlingHousakosJoyalKlyneLaBoucane-BensonLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNeufeldNgoOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoehmBoisvenuBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Dean*DowneDuffyDupuisDyckForestForest-NiesingFureyGoldGreeneGriffinHarderHartlingHousakosJoyalKlyneLaBoucane-BensonLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNeufeldNgoOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukWallinWellsWetstonWhiteWoo

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 Office of the Parliamentary Budget Officer, entitled Supplementary Estimates (A) 2018-19, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/42-2580.

Presenting or Tabling Reports from Committees

The Honourable Senator Marwah, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled the thirty-first report of the committee, entitled Annual Report on Parliamentary Associations’ Activities and Expenditures for 2017-18.—Sessional Paper No. 1/42-2581S.

First Reading of Commons Public Bills

A message was brought from the House of Commons with Bill C-375, An Act to amend the Criminal Code (presentence report), to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Campbell, that the bill be placed on the Orders of the Day for a second reading two days hence.

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

o o o

A message was brought from the House of Commons with Bill C-376, An Act to designate the month of April as Sikh Heritage Month, to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Marwah moved, seconded by the Honourable Senator Mitchell, that the bill be placed on the Orders of the Day for a second reading two days hence.

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

Question Period

The Senate proceeded to Question Period.

SPEAKER'S RULING

Honourable senators, I am now prepared to rule on the question of privilege raised by Senator Patterson on Thursday, November 1. His question of privilege related to events that took place at the Annual General Meeting of the Canadian NATO Parliamentary Association, and concerns that it was not conducted in accordance with the Constitution of the Association.

A number of senators contributed to the debate, and I thank them for their interventions. The careful arguments that were presented are a testament to the importance senators place on parliamentary diplomacy, and in particular the work of our parliamentary associations.

As honourable senators know, a question of privilege arises when there is an alleged breach of the powers, rights or immunities of the Senate, a committee or a senator — what we refer to as parliamentary privilege. Rule 13-2(1) sets out four criteria, all of which must be met in order for a question of privilege to be accorded priority. As noted in previous rulings, it is not necessary to review the four criteria in a set order, since a question of privilege will only be founded when all four are met.

The first of these criteria is that the question must “be raised at the earliest opportunity”. In this case, the events in question took place on the evening of Tuesday, October 30. While Senator Patterson had attended this meeting, the events that form the substance of his question of privilege occurred after he left, believing the meeting to be adjourned. He indicated that he did not learn that the meeting had continued and a new chair had been elected until late the following morning. Senator Cordy questioned whether this was indeed raised at the earliest opportunity, indicating that she had seen media reports of the incident when she returned home following the event that evening. Senator Pratte, for his part, suggested that whether a matter is raised at the earliest opportunity should not be a matter of minutes or hours.

The inclusion of the requirement that a matter be raised at the earliest opportunity is an example of the seriousness and importance of matters of privilege. As noted in a ruling of December 10, 2013, Senate “precedents establish that even a delay of a few days can result in a question of privilege failing to meet this criterion. Attempting to exhaust alternative remedies before giving notice of a question of privilege does not exempt it from the need to meet the first criterion.” Senator Patterson, however, indicated that he only learned of the incident at the end of the morning of Wednesday. That appears to have been after the deadline for giving notice, in which case rule 13-4 specifically allows the senator some flexibility, including raising the issue at the next sitting, as Senator Patterson did. Therefore, I find that the question of privilege has satisfied the criterion of rule 13-2(1)(a).

I will now turn to the fourth criterion, that a question of privilege must, “be raised to seek a genuine remedy that the Senate has the power to provide and for which no other parliamentary process is reasonably available.” The concerns that have been raised surround questions of whether the meeting was called, held and adjourned in accordance with the Constitution of the Canadian NATO Parliamentary Association. This situation in some ways parallels a case addressed in a ruling of October 30, 2012, dealing with the adjournment of a committee meeting. The ruling stated that, “[i]n this case, the action of the committee chair in adjourning the meeting without verifying if there was other business is really one of order, and, as such, there is another reasonable parliamentary process available. The matter could be raised as a point of order in committee, where it can be dealt with more effectively.” While recognizing the fundamental differences between a parliamentary committee and an association, this ruling does provide useful guidance as to how the matter at issue could be addressed, suggesting that the procedural mechanisms available at the next meeting of the Association are more appropriate.

Furthermore, Senator Plett noted that there were different committees and associations meeting to address this matter. Specifically, the Joint Inter-parliamentary Council and our own Committee on Internal Economy, Budgets and Administration are two bodies that can undertake this work. Thus, it is clear that there are other more appropriate avenues for this matter to be addressed. Consequently, Senator Patterson’s question of privilege does not satisfy the criteria of rule 13-2(1)(d). As a question of privilege must meet all four criteria of rule 13-2(1), it is unnecessary for me to address the other two.

In closing his question of privilege, Senator Patterson sought any advice that I “might choose to give that would comment on the importance of maintaining dignity and respect for each other in undertaking our parliamentary duties and representing this great democracy in interfaces with other countries.”

As Speaker, I place high value on our roles as senators with respect to parliamentary diplomacy. In a world where lines between domestic and international policy continue to blur, groups like the Canadian NATO Parliamentary Association are important avenues of diplomacy that help to maintain an open dialogue between Canada and our international counterparts. We must be mindful of how we conduct ourselves, remembering that we are being watched not just by Canadians, but by our friends around the globe. In doing so, we must set a good example. I would encourage all senators to work with our colleagues in the other place to see this matter resolved in an orderly manner.

Orders of the Day

Government Business

Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Cordy, for the second reading of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Neufeld, that further debate on the motion be adjourned until the next sitting.

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

o o o

Resuming debate on the motion of the Honourable Senator Bovey, seconded by the Honourable Senator Harder, P.C., for the second reading of Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator MacDonald, that further debate on the motion be adjourned until the next sitting.

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

o o o

Resuming debate on the motion of the Honourable Senator Gold, seconded by the Honourable Senator Moncion, for the second reading of Bill C-59, An Act respecting national security matters.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Smith, that further debate on the motion be adjourned until the next sitting.

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

o o o

Resuming debate on the motion of the Honourable Senator Christmas, seconded by the Honourable Senator Deacon (Ontario), for the second reading of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Smith, that further debate on the motion be adjourned until the next sitting.

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

o o o

Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Pratte, for the second reading of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Housakos, that further debate on the motion be adjourned until the next sitting.

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

o o o

Resuming debate on the motion of the Honourable Senator Pratte, seconded by the Honourable Senator Coyle, for the second reading of Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Smith, that further debate on the motion be adjourned until the next sitting.

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

Motions

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

o o o

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

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, November 20, 2018, at 2 p.m.

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

Inquiries

Order No. 3 was called and postponed until the next sitting.

Other Business

Bills – Messages from the House of Commons

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

Senate Public Bills – Third Reading

Orders No. 1 to 5 were called and postponed until the next sitting.

Senate Public Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill S-246, An Act to amend the Borrowing Authority Act.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Neufeld, that further debate on the motion be adjourned until the next sitting.

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

o o o

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

o o o

Resuming debate on the motion of the Honourable Senator Wetston, seconded by the Honourable Senator Marwah, for the second reading of Bill S-250, An Act to amend the Criminal Code (interception of private communications).

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, that further debate on the motion be adjourned until the next sitting.

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

o o o

Orders No. 6 to 10 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1 to 7 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1 and 5 to 8 were called and postponed until the next sitting.

o o o

Resuming debate on the consideration of the tenth report (interim) of the Standing Senate Committee on Energy, the Environment and Natural Resources, entitled Decarbonizing Transportation in Canada, tabled in the Senate on June 22, 2017.

With leave of the Senate,

The Honourable Senator Neufeld moved, seconded by the Honourable Senator Smith, that further debate on the consideration of the report be adjourned until the next sitting.

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

o o o

Resuming debate on the motion of the Honourable Senator Black (Alberta), seconded by the Honourable Senator Bovey:

That the twenty-fourth report of the Standing Senate Committee on Banking, Trade and Commerce, tabled on Tuesday, October 16, 2018, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Finance being identified as minister responsible for responding to the report.

After debate,

The Honourable Senator Omidvar moved, for the Honourable Senator Galvez, seconded by the Honourable Senator Gold, that further debate on the motion be adjourned until the next sitting.

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

o o o

Order No. 101 was called and postponed until the next sitting.

Motions

Orders No. 73, 89 and 146 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Merchant, seconded by the Honourable Senator Housakos:

That the Senate call upon the government of Canada:

(a) to recognize the genocide of the Pontic Greeks of 1916 to 1923 and to condemn any attempt to deny or distort a historical truth as being anything less than genocide, a crime against humanity; and

(b) to designate May 19th of every year hereafter throughout Canada as a day of remembrance of the over 353,000 Pontic Greeks who were killed or expelled from their homes.

The Honourable Senator Mercer moved, for the Honourable Senator Cordy, seconded by the Honourable Senator Woo, that further debate on the motion be adjourned until the next sitting.

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

o o o

Orders No. 189, 215, 245, 302, 310, 325 and 328 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Housakos, seconded by the Honourable Senator Smith:

That, in light of the Government of Canada’s recent significant shift in its foreign policy relating to Iran, which does not reflect the Senate’s recent decision to reject the principles of Bill S-219, An Act to deter Iran-sponsored terrorism, incitement to hatred, and human rights violations, including an annual report of Iranian human rights violations, the Senate now:

(a)strongly condemn the current regime in Iran for its ongoing sponsorship of terrorism around the world, including instigating violent attacks on the Gaza border;

(b)condemn the recent statements made by Supreme Leader Ayatollah Ali Khamenei calling for genocide against the Jewish people;

(c)call on the government to:

(i)abandon its current plan and immediately cease any and all negotiations or discussions with the Islamic Republic of Iran to restore diplomatic relations;

(ii)demand that the Iranian Regime immediately release all Canadians and Canadian permanent residents who are currently detained in Iran, including Maryam Mombeini, the widow of Professor Kavous Sayed-Emami, and Saeed Malekpour, who has been imprisoned since 2008; and

(iii)immediately designate the Islamic Revolutionary Guard Corps as a listed terrorist entity under the Criminal Code of Canada; and

(d)stand with the people of Iran and recognize that they, like all people, have a fundamental right to freedom of conscience and religion, freedom of thought, belief, opinion, and expression, including freedom of the press and other forms of communication, freedom of peaceful assembly, and freedom of association.

The Honourable Senator Martin moved, for the Honourable Senator Tkachuk, seconded by the Honourable Senator Smith, that further debate on the motion be adjourned until the next sitting.

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

o o o

Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Mercer:

That the Senate urge the government to initiate consultations with the provinces, territories, Indigenous people, and other interested groups to develop an adequately funded national cost-shared universal nutrition program with the goal of ensuring healthy children and youth who, to that end, are educated in issues relating to nutrition and provided with a nutritious meal daily in a program with appropriate safeguards to ensure the independent oversight of food procurement, nutrition standards, and governance.

The Honourable Senator Omidvar moved, for the Honourable Senator Deacon (Ontario), seconded by the Honourable Senator Pratte, that further debate on the motion be adjourned until the next sitting.

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

o o o

Resuming debate on the motion of the Honourable Senator Brazeau, seconded by the Honourable Senator Deacon (Ontario):

That the Senate urge the Government of Canada and the RCMP to address the issue of fraudulent “native” individuals and organizations selling fraudulent membership or status cards, a practice that is detrimental to the Indigenous peoples of Canada.

The Honourable Senator Omidvar moved, for the Honourable Senator McCallum, seconded by the Honourable Senator Gold, that further debate on the motion be adjourned until the next sitting.

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

Inquiries

Orders No. 12 and 20 were called and postponed until the next sitting.

o o o

Order No. 24 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

Orders No. 26, 36, 39 and 40, 45, 47, 52 and 56 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Mercer moved, seconded by the Honourable Senator Omidvar:

That, notwithstanding the order of the Senate adopted on Tuesday, January 30, 2018, the date for the final report of the Special Senate Committee on the Charitable Sector in relation to its study on the impact of federal and provincial laws and policies governing charities, nonprofit organizations, foundations, and other similar groups; and to examine the impact of the voluntary sector in Canada be extended from December 31, 2018 to September 30, 2019.

After debate,

The Honourable Senator Woo moved, for the Honourable Senator Omidvar, seconded by the Honourable Senator Pratte, that further debate on the motion be adjourned until the next sitting.

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

o o o

The Honourable Senator Petitclerc moved, seconded by the Honourable Senator Moncion:

That, notwithstanding the order of the Senate adopted on Thursday, December 14, 2017, the date for the final report of the Standing Senate Committee on Social Affairs, Science and Technology, in relation to its study on social affairs, science and technology generally be extended from December 30, 2018 to September 30, 2019.

After debate,

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

o o o

The Honourable Senator MacDonald moved, seconded by the Honourable Senator Boisvenu:

That the Standing Senate Committee on Energy, the Environment and Natural Resources be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate, no later than November 23, 2018, an interim report relating to its study on the effects of transitioning to a low carbon economy, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Senate.

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

INQUIRIES

The Honourable Senator Martin called the attention of the Senate to the career of the Honourable Senator Unger.

The Honourable Senator Martin moved, seconded by the Honourable Senator Smith, that further debate on the inquiry be adjourned until 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 5:29 p.m., the Senate was continued until Tuesday, November 20, 2018, at 2 p.m.)

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

List of outstanding specific legislative proposals to amend listed tax laws announced prior to April 1, 2017 for the fiscal year ended March 31, 2017, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 162(2).—Sessional Paper No. 1/42-2579.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Ringuette replaced the Honourable Senator Klyne (November 8, 2018).

The Honourable Senator Klyne replaced the Honourable Senator Ringuette (November 8, 2018).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Saint-Germain replaced the Honourable Senator Boehm (November 8, 2018).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Saint-Germain replaced the Honourable Senator Dean (November 8, 2018).

The Honourable Senator Verner, P.C., replaced the Honourable Senator Forest-Niesing (November 8, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Gold replaced the Honourable Senator Pate (November 8, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Deacon (Ontario) replaced the Honourable Senator Duffy (November 8, 2018).