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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 47 (Revised)

Friday, June 10, 2016
9 a.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRuncimanSeidmanSibbestonSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWattWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRuncimanSeidmanSibbestonSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWattWhite

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

Presenting or Tabling Reports from Committees

The Honourable Senator Runciman presented the following:

Friday, June 10, 2016

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

SIXTH REPORT

Your committee, to which was referred Bill S-225, An Act to amend the Controlled Drugs and Substances Act (substances used in the production of fentanyl), has, in obedience to the order of reference of May 12, 2016, examined the said bill and now reports the same with the following amendment:

1.Clause 1, page 1: Replace lines 8 to 10 with the following:

261-Phenethyl-4-piperidone and its salts

274-Piperidone and its salts

28Norfentanyl (N-phenyl-N-piperidin-4-ylpropanamide) and its salts

291-Phenethylpiperidin-4-ylidenephenylamine and its salts

30N-Phenyl-4-piperidinamine and its salts

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

BOB RUNCIMAN

Chair

Observations

to the Sixth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-225)

1.The committee encourages Health Canada to launch a public campaign on the dangers of opioids, in particular fentanyl.

2.The committee encourages Health Canada to streamline the process by which substances are assessed to determine if they ought to be regulated under the Controlled Drugs and Substances Act in order to ensure a rapid response to the known dangers of substances such as fentanyl.

The Honourable Senator Runciman moved, seconded by the Honourable Senator Patterson, 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.

Orders of the Day

Ordered, That Order No. 1 under OTHER BUSINESS, Private Bills - Third Reading, be brought forward.

Third reading of 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.

The Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Martin, that the bill be read for a third time.

After debate,

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

The bill 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.

Government Business

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Baker, P.C., seconded by the Honourable Senator Harder, P.C., for the third reading of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), as amended.

After debate,

In amendment, the Honourable Senator Plett moved, seconded by the Honourable Senator Frum:

That Bill C-14, as amended, be not now read a third time, but that it be amended in clause 3,

(a)on page 4, by replacing line 24 with the following:

“ance in dying in accordance with section 241.2, except if they know or believe that they are a beneficiary under the will of that other person, or a recipient, in any other way, of a financial or other material benefit resulting from that person’s death.”; and

(b)on page 7, by replacing lines 33 and 34 with the following:

“who is at least 18 years of age, who understands the nature of the request for medical assistance in dying and who does not know or believe that they are a beneficiary under the will of the person making the request, or a recipient, in any other way, of a financial or other material benefit resulting from that person’s death —”.

After debate,

The question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBlackCarignanCordyCowanDagenaisDoyleDyckEatonEggletonEnvergaFraserFrumGagnéGreeneHousakosJafferJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMcIntyreMocklerMunsonNgoOgilvieOhPattersonPlettPratteRaineRuncimanSeidmanSmithStewart OlsenTannasTardifTkachukUngerWhite—49

NAYS

The Honourable Senators

BakerBellemareBoisvenuCampbellCoolsDayDowneHarderMassicotteMcCoyMercerMeredithMitchellMooreNancy RuthOmidvarPoirierRinguetteWallaceWatt—20

ABSTENTIONS

The Honourable Senators

JohnsonMerchant—2

Resuming debate on the motion of the Honourable Senator Baker, P.C., seconded by the Honourable Senator Harder, P.C., for the third reading of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), as amended.

After debate,

In amendment, the Honourable Senator Batters moved, seconded by the Honourable Senator Oh:

That Bill C-14, as amended, be not now read a third time, but that it be amended in clause 3,

(a)on page 5, by adding the following after line 26:

psychiatrist means a medical practitioner who is entitled to practise psychiatry under the laws of a province. (psychiatre)

psychologist means a person who is entitled to practise psychology under the laws of a province. (psychologue)”;

(b)on page 6, by adding the following after line 26:

(a.1) ensure that, if the person has a mental illness, the person has been assessed by a psychiatrist or psychologist as being capable of making decisions with respect to that person’s health;”;

(c)on page 7,

(i)by replacing line 11 with the following

(g) subject to subsection (3.1), ensure that there are at least 10 clear days between”, and

(ii)by adding after line 30 the following:

(3.1) If the person requesting medical assistance in dying has a mental illness in addition to the grievous and irremediable medical condition referred to in paragraph (1)(c), the period referred to in paragraph (3)(g) is increased to at least 90 clear days.”; and

(d)on page 9, by replacing line 2 with the following:

“graphs 241.2(3)(a.1) to (h) and subsection 241.2(8) is guilty”.

After debate,

The question being put on the motion in amendment, it was negatived on the following vote:

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakDoyleEatonEnvergaFrumGagnéHousakosMacDonaldManningMarshallMartinMcIntyreMerchantMocklerOhPlettRaineRuncimanStewart OlsenTannasTkachukUnger—25

NAYS

The Honourable Senators

BakerBellemareBlackBoisvenuCampbellCarignanCoolsCordyCowanDayDowneEggletonFraserGreeneHarderJafferJohnsonJoyalKennyLangLankinLovelace NicholasMcCoyMercerMitchellMooreMunsonNancy RuthOgilvieOmidvarPratteRinguetteSeidmanTardifWattWhite—36

ABSTENTIONS

The Honourable Senators

DagenaisDyckMaltaisSmith—4

Resuming debate on the motion of the Honourable Senator Baker, P.C., seconded by the Honourable Senator Harder, P.C., for the third reading of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), as amended.

The Honourable Senator Bellemare 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.

Motions

With leave of the Senate,

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

That, when the Senate adjourns today, it do stand adjourned until Monday, June 13, 2016 at 5 p.m. and that rule 3-3(1) be suspended on that day.

After debate,

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 11:41 a.m., the Senate was continued until Monday, June 13, 2016, at 5 p.m.)