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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 37 (Revised)

Tuesday, May 17, 2016
2 p.m.

The Honourable NICOLE EATON, Speaker pro tempore


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBoisvenuCampbellCarignanCoolsCordyCowanDawsonDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumGagnéGreeneHarderHousakosHubleyJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMeredithMitchellMocklerMooreMunsonNancy RuthNeufeldNgoOgilvieOhOmidvarPattersonPetitclercPlettPratteRaineRinguetteRivardRuncimanSeidmanSinclairSmithStewart OlsenTannasTkachukWallaceWallinWellsWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBoisvenuCampbellCarignanCoolsCordyCowan*DagenaisDawsonDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrum*FureyGagnéGreeneHarderHousakosHubleyJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldManningMarshallMartinMassicotteMcCoyMcInnisMcIntyre*Mercer*MerchantMeredithMitchellMocklerMooreMunsonNancy RuthNeufeldNgoOgilvieOhOmidvarPattersonPetitclercPlettPratteRaineRinguetteRivardRuncimanSeidmanSinclairSmithStewart OlsenTannas*TardifTkachuk*UngerWallaceWallinWellsWhite

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.

The clerk at the table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Eaton, Speaker pro tempore, took the chair, pursuant to rule 2-4(2).

PRAYERS

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Housakos presented the following:

Tuesday, May 17, 2016

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

SIXTH REPORT

Your committee recommends that the following funds be released for fiscal year 2016-2017.

Scrutiny of Regulations (Joint)

General Expenses $ 3,540
Total $ 3,540

Your committee has reviewed the budget process that is normally used by standing or special committees and recommends that expenditures for working meals and witness expenses of the joint committees also be funded from the central budget that is administered by the Principal Clerk, Committees.

Based on the historical expenditures by the joint committees, no increase to the total envelope for committees is required, as the total expenses for joint committees is quite modest. The billing arrangement with the House of Commons and the reporting requirements of the joint committee would remain unchanged.

Respectfully submitted,

LEO HOUSAKOS

Chair

The Honourable Senator Housakos moved, seconded by the Honourable Senator MacDonald, 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 Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, tabled the third report of the committee (Subject matter of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)).—Sessional Paper No. 1/42-323S.

Notices of Motions

With leave of the Senate,

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

That, in accordance with section 2.9 of the Members of Parliament Retiring Allowances Act, the entitlement to accrue pensionable service for Senator Duffy be reinstated as of April 22, 2016.

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

Orders of the Day

Government Business

Bills – Second Reading

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

Motions

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

Inquiries

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

Other Business

Senate Public Bills – Second Reading

Orders No. 1 to 18 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Eggleton, P.C., for the second reading of Bill S-212, An Act for the advancement of the aboriginal languages of Canada and to recognize and respect aboriginal language rights.

After debate,

The Honourable Senator Sinclair moved, seconded by the Honourable Senator Harder, P.C., that further debate on the motion be adjourned until the next sitting.

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

With leave of the Senate,

The Honourable Senator Joyal, P.C., tabled the following:

Letters to the Honourable Senator Joyal, P.C., concerning a draft bill entitled An Act for the for the Advancement of the Aboriginal Languages of Canada and to Recognize and Respect Aboriginal Language Rights, from the following (english texts):

(a)Mary Simon, President of the Inuit Tapiriit Kanatami (February 2009);

(b)Phil Fontaine, National Chief of the Assembly of First Nations (May 2009);

(c)Ghislain Picard, Chief of the Assembly of the First Nations of Quebec and Labrador (March 2009);

(d)Michael Ahríhrhon Delisle, Jr., Grand Chief Mohawk Council of Kahnawake (June 2009); and

(e)Clement Chartier, President of the Métis National Council (February 2009).—Sessional Paper No. 1/42-324S.

o o o

Orders No. 20 to 22 were called and postponed until the next sitting.

Private Bills – Second Reading

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

Reports of Committees – Other

Orders No. 1 and 2 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 Maltais for the adoption of the third report of the Standing Committee on Internal Economy, Budgets and Administration (Senate budget for 2016-2017), presented in the Senate on February 25, 2016.

And on the motion in amendment of the Honourable Senator Ringuette, seconded by the Honourable Senator McCoy:

That the Senate postpone debate on the third report of the Standing Committee on Internal, Economy, Budgets and Administration (Senate budget for 2016-17) until the full itemized budget has been tabled and distributed to Senators, as well as the detailed Senate expenses for 2015-16, and, five sitting days after it has been distributed, the Senate sit as Committee of the Whole for questions and that the Committee of the Whole sit until all questions by Senators have been answered.

The Senate resumed debate on the point of order, raised on May 10, 2016, with respect to access to subcommittee reports presented in camera.

After debate,

The Speaker pro tempore reserved her decision.

o o o

Ordered : That Order No. 2 be again called.

Consideration of the third report of the Standing Senate Committee on Human Rights (Budget—study on the integration of newly-arrived Syrian refugees and the challenges they are facing—power to hire staff and to travel), presented in the Senate on May 12, 2016.

The Honourable Senator Munson moved, seconded by the Honourable Senator Hubley, that the report be adopted.

After debate,

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

o o o

Orders No. 4 and 5 were called and postponed until the next sitting.

Motions

Orders No. 89, 43, 31, 7, 64, 73, 79, 9 and 69 were called and postponed until the next sitting.

o o o

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

That the Senate encourage the federal government, after appropriate consultations, to sponsor along with one or more of the provinces/territories a pilot project, and any complementary studies, to evaluate the cost and impact of implementing a national basic income program based on a negative income tax for the purpose of helping Canadians to escape poverty.

After debate,

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Fraser, 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 Wallace, seconded by the Honourable Senator Demers:

That, in order to provide for a representative of independent, non-partisan senators to be elected to the Standing Committee on Ethics and Conflict of Interest for Senators;

1. The Rules of the Senate be amended by replacing rule 12-27(1) by the following:

Appointment of Committee

12-27. (1) As soon as practicable at the beginning of each session, the Leader of the recognized party with the largest number of Senators shall move a motion, seconded by the Leader of the recognized party with the second largest number of Senators, on the membership of the Standing Committee on Ethics and Conflict of Interest for Senators. This motion shall be deemed adopted without debate or vote, and a similar motion shall be moved for any substitutions in the membership of the Committee.”; and

2. The Ethics and Conflict of Interest Code for Senators be amended by replacing subsections 35(4) to (6) by the following:

Election of members

(4) Two of the Committee members shall be elected by secret ballot in the caucus of the recognized party with the largest number of Senators at the opening of the session; two of the Committee members shall be elected by secret ballot in the caucus of the recognized party with the second largest number of Senators at the opening of the session; the fifth member shall be elected by secret ballot by the majority of the Senators who are authorized to attend sittings of the Senate and who do not belong to the caucus of the recognized party with either the largest or second largest number of Senators at an in camera meeting called by the Clerk of the Senate at the opening of the session.

Presentation and adoption of motion

(5) The Leader of the recognized party with the largest number of Senators, seconded by the Leader of the recognized party with the second largest number of Senators, shall present a motion on the full membership of the Committee to the Senate, which motion shall be deemed adopted without any debate or vote.

Chair

(6) The Chair of the Committee shall be elected by its five members.”.

After debate,

The Honourable Senator Ringuette moved, seconded by the Honourable Senator Bellemare, 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. 10, 5, 8, 2, 1 and 3 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator McInnis moved, seconded by the Honourable Senator Andreychuk:

That, notwithstanding the order of the Senate adopted on Friday, December 11, 2015, the date for the final report of the Special Senate Committee on Senate Modernization in relation to its study of methods to make the Senate more effective within the current constitutional framework be extended from June 1, 2016 to December 15, 2016.

After debate,

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

o o o

The Honourable Senator Ngo moved, seconded by the Honourable Senator Cowan:

That the Senate note with concern the escalating and hostile behaviour exhibited by the People’s Republic of China in the South China Sea and consequently urge the Government of Canada to encourage all parties involved, and in particular the People’s Republic of China, to:

(a) recognize and uphold the rights of freedom of navigation and overflight as enshrined in customary international law and in the United Nations Convention on the Law of the Sea;

(b) cease all activities that would complicate or escalate the disputes, such as the construction of artificial islands, land reclamation, and further militarization of the region;

(c) abide by all previous multilateral efforts to resolve the disputes and commit to the successful implementation of a binding Code of Conduct in the South China Sea;

(d) commit to finding a peaceful and diplomatic solution to the disputes in line with the provisions of the UN Convention on the Law of the Sea and respect the settlements reached through international arbitration; and

(e) strengthen efforts to significantly reduce the environmental impacts of the disputes upon the fragile ecosystem of the South China Sea;

That the Senate also urge the Government of Canada to support its regional partners and allies and to take additional steps necessary to de-escalate tensions and restore the peace and stability of the region; and

That a message be sent to the House of Commons to acquaint it with the foregoing.

After debate,

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

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 3:35 p.m., the Senate was continued until tomorrow at 2 p.m.)

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

Report of the Canada Post Corporation, together with the Auditors’ Report, for the year ended December 31, 2015, pursuant to the Financial Administration Act, R.S.C. 1985,c F-11, sbs. 150(1).—Sessional Paper No. 1/42-322.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Bellemare was removed from the membership of the committee, substitution pending (May 17, 2016).

The Honourable Senator Black replaced the Honourable Senator Patterson (May 13, 2016).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Bellemare was removed from the membership of the committee, substitution pending (May 17, 2016).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Enverga replaced the Honourable Senator Ataullahjan (May 13, 2016).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Beyak replaced the Honourable Senator Oh (May 17, 2016).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Enverga replaced the Honourable Senator McInnis (May 16, 2016).

The Honourable Senator McInnis replaced the Honourable Senator Eaton (May 13, 2016).

The Honourable Senator Eaton replaced the Honourable Senator MacDonald (May 12, 2016).

Standing Senate Committee on National Finance

The Honourable Senator Frum replaced the Honourable Senator Eaton (May 17, 2016).

The Honourable Senator Bellemare was removed from the membership of the committee, substitution pending (May 17, 2016).

The Honourable Senator Eaton replaced the Honourable Senator Frum (May 17, 2016).

The Honourable Senator Frum replaced the Honourable Senator Eaton (May 16, 2016).

Standing Senate Committee on Official Languages

The Honourable Senator Fraser replaced the Honourable Senator Munson (May 17, 2016).

The Honourable Senator Maltais replaced the Honourable Senator Mockler (May 17, 2016).

The Honourable Senator Munson replaced the Honourable Senator Fraser (May 16, 2016).

The Honourable Senator Mockler replaced the Honourable Senator Maltais (May 16, 2016).

Special Senate Committee on Senate Modernization

The Honourable Senator Fraser replaced the Honourable Senator Tardif (May 17, 2016).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Munson was removed from the membership of the committee, substitution pending (May 12, 2016).

Standing Senate Committee on Transport and Communications

The Honourable Senator Andreychuk replaced the Honourable Senator Unger (May 17, 2016).

The Honourable Senator Manning replaced the Honourable Senator Black (May 17, 2016).

The Honourable Senator Unger replaced the Honourable Senator Ngo (May 17, 2016).

The Honourable Senator Ngo replaced the Honourable Senator Unger (May 16, 2016).