Journals
Download as PDF
Text size:

65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 41 (Revised)

Wednesday, June 1, 2016
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDawsonDayDowneDoyleDuffyEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosHubleyJafferJohnsonJoyalKennyLangLankinMaltaisMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNeufeldNgoOgilvieOhOmidvarPattersonPetitclercPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWattWellsWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDawsonDayDowneDoyleDuffyEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosHubleyJafferJohnsonJoyalKennyLangLankinMaltaisMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNeufeldNgoOgilvieOhOmidvarPattersonPetitclercPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSinclairSmithStewart 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

COMMITTEE OF THE WHOLE

Pursuant to the order adopted on May 31, 2016, the Senate was put into a Committee of the Whole for the consideration of the 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), the Honourable Senator Eaton in the Chair.

—In the Committee—

Pursuant to the order, the Honourable Jody Wilson-Raybould, P.C., M.P., Minister of Justice and Attorney General of Canada, with Mr. William F. Pentney, Deputy Minister of Justice and Deputy Attorney General of Canada, were escorted to a seat in the Senate Chamber.

Debate.

Pursuant to the order, the Honourable Jane Philpott, P.C., M.P., Minister of Health, with Mr. Simon Kennedy, Deputy Minister of Health, and Mrs. Abby Hoffman, Assistant Deputy Minister of Health, Strategic Policy Branch, were escorted to a seat in the Senate Chamber.

Debate.

The question of concurrence in the motion that the Chair report the hearing of witnesses to the Senate was put and adopted.


The sitting of the Senate resumed.

The Chair of the Committee reported that the Committee had heard the witnesses on the subject matter of Bill C-14 and had directed her to report the same to the Senate.


With leave of the Senate,

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

That committees have the power to sit today even though the Senate may then be sitting and that rule 12-18(1) be suspended in relation thereto.

After debate,

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

ROUTINE PROCEEDINGS

Tabling of Documents

The Honourable the Speaker tabled the following:

Reports of the Office of the Auditor General 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. 1/42-338.

Presenting or Tabling Reports from Committees

The Honourable Senator Smith, Chair of the Standing Senate Committee on National Finance, tabled the fifth report (interim) of the committee (Second Interim Report on the Main Estimates 2016-17).—Sessional Paper No. 1/42-339S.

The Honourable Senator Smith moved, seconded by the Honourable Senator Plett, 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.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-10, An Act to amend the Air Canada Public Participation Act and to provide for certain other measures, to which it desires the concurrence of the Senate.

The bill was read the first time.

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

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Day tabled the following:

Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Joint Meeting of the Defence and Security, Economics and Security, and Political Committees and Officers of the Committee on the Civil Dimension of Security and the Science and Technology Committee, held in Brussels, Belgium, from February 13 to 15, 2016.—Sessional Paper No. 1/42-340.

Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Defence and Security Committee Meeting, held in Washingron, D.C. and Miami, Florida, United States of America, from January 26 to 29, 2016.—Sessional Paper No. 1/42-341.

Delayed Answers

The Honourable Senator Bellemare tabled the following:

Response to the oral question asked in the Senate on April 14, 2016 by the Honourable Senator Fraser concerning the selection process for judges.—Sessional Paper No. 1/42-342S.

Orders of the Day

Government Business

Bills – Second Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

Reports of Committees – Other

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 14 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Day, for the second reading of Bill S-204, An Act to amend the Financial Administration Act (borrowing of money).

The Honourable Senator Day moved, seconded by the Honourable Senator Munson, 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. 16 to 18 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Enverga, for the second reading of Bill S-221, An Act to amend the Constitution Act, 1867 (Property qualifications of Senators).

The Honourable Senator Fraser moved, seconded by the Honourable Senator Baker, P.C., 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 Moore, seconded by the Honourable Senator Dawson, for the second reading of Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins).

After debate,

The Honourable Senator Tannas moved, seconded by the Honourable Senator Maltais, 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. 21 was called and postponed until the next sitting.

Reports of Committees – Other

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

Motions

Orders No. 51, 69, 96, 60, 92, 89, 43, 31, 7 and 64 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Runciman:

Whereas the Senate provides representation for groups that are often underrepresented in Parliament, such as Aboriginal peoples, visible minorities and women;

Whereas paragraph (3) of section 23 of the Constitution Act, 1867 requires that, in order to be qualified for appointment to and to maintain a place in the Senate, a person must own land with a net worth of at least four thousand dollars in the province for which he or she is appointed;

Whereas a person’s personal circumstances or the availability of real property in a particular location may prevent him or her from owning the required property;

Whereas appointment to the Senate should not be restricted to those who own real property of a minimum net worth;

Whereas the existing real property qualification is inconsistent with the democratic values of modern Canadian society and is no longer an appropriate or relevant measure of the fitness of a person to serve in the Senate;

Whereas, in the case of Quebec, each of the twenty-four Senators representing the province must be appointed for and must have either their real property qualification in or be resident of a specified Electoral Division;

Whereas an amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;

Whereas the Supreme Court of Canada has determined that a full repeal of paragraph (3) of section 23 of the Constitution Act, 1867, respecting the real property qualification of Senators, would require a resolution of the Quebec National Assembly pursuant to section 43 of the Constitution Act, 1982;

Now, therefore, the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the Schedule hereto.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

1.(1) Paragraph (3) of section 23 of the Constitution Act, 1867 is repealed.

(2) Section 23 of the Act is amended by replacing the semi-colon at the end of paragraph (5) with a period and by repealing paragraph (6).

2.The Declaration of Qualification set out in The Fifth Schedule to the Act is replaced by the following:

I, A.B., do declare and testify that I am by law duly qualified to be appointed a member of the Senate of Canada.

3.This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Real property qualification of Senators).

The Honourable Senator Fraser moved, seconded by the Honourable Senator Hubley, 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. 79 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Day:

That the Standing Senate Committee on Banking, Trade and Commerce, when and if it is formed, be authorized to examine and report on Canada’s export performance as compared to international best practices in order to provide recommendations to improve Canada’s current export performance, the worst in 30 years according to the OECD;

That the committee make a preliminary report on the current export performance to the Senate no later than April 14, 2016; and

That the committee make to the Senate a final report on the implementation of an integrated policy for all partners to improve Canadian exports to all countries, especially those with which Canada has a free trade agreement, no later than December 16, 2016.

The Honourable Senator Ringuette moved, seconded by the Honourable Senator Campbell, 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. 3, 12, 5 and 8 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Jaffer, calling the attention of the Senate to the human rights implications of climate change, and how it will affect the most vulnerable in Canada and the world by threatening their right to food, water, health, adequate shelter, life, and self-determination.

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

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

o o o

Resuming debate on the inquiry of the Honourable Senator Chaput, calling the attention of the Senate to the Program to Support Linguistic Rights, the importance of ensuring public financing of court actions that seek to create a fair and just society and to the urgent need for the federal government to re-establish the Court Challenges Program.

With leave of the Senate,

The Honourable Senator Maltais moved, seconded by the Honourable Senator Tannas, 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 Baker, P.C.:

That the Senate do now adjourn.

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

(Accordingly, at 6:39 p.m., the Senate was continued until Thursday, June 2, 2016, at 1:30 p.m.)

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

Report on transportation in Canada for the year 2015, pursuant to the Canada Transportation Act, S.C. 1996, c. 10,sbs. 52(1).—Sessional Paper No. 1/42-336.

Summaries of the Corporate Plan for 2016-2017 to 2020-2021 and of the Operating and Capital Budgets, and Borrowing Plan for 2016-2017 of the Canada Deposit Insurance Corporation, pursuant to the Financial Administration Act, R.S.C. 1985,c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-337.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Oh replaced the Honourable Senator Beyak (May 31, 2016).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Black replaced the Honourable Senator MacDonald (June 1, 2016).

The Honourable Senator MacDonald replaced the Honourable Senator Runciman (June 1, 2016).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Eaton replaced the Honourable Senator Frum (June 1, 2016).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Tkachuk replaced the Honourable Senator Oh (June 1, 2016).

Special Senate Committee on Senate Modernization

The Honourable Senator McIntyre replaced the Honourable Senator Tkachuk (June 1, 2016).

The Honourable Senator Tkachuk replaced the Honourable Senator McIntyre (June 1, 2016).

The Honourable Senator McIntyre replaced the Honourable Senator Tkachuk (June 1, 2016).

The Honourable Senator Tkachuk replaced the Honourable Senator McIntyre (June 1, 2016).