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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 49 (Revised)

Tuesday, June 14, 2016
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AtaullahjanBakerBattersBellemareBeyakBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosHubleyJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSibbestonSinclairSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWellsWhite

The Members in attendance to business were:

The Honourable Senators

*AndreychukAtaullahjanBakerBattersBellemareBeyakBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosHubleyJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSibbestonSinclairSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWellsWhite

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

Government Notices of Motions

With leave of the Senate,

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

That the Standing Senate Committee on Banking, Trade and Commerce have the power to sit on Wednesday, June 15, 2016, 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.

Orders of the Day

Government Business

Motions

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

That the provisions of the order of February 4, 2016, respecting the time of adjournment, be suspended on Wednesday, June 15, 2016; and

That the provisions of rule 3-3(1) also be suspended on Wednesday, June 15, 2016.

After debate,

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

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 Marshall moved, seconded by the Honourable Senator Runciman:

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

(a)in clause 4, on page 10,

(i)by replacing lines 2 and 3 with the following:

“ulations.”,

(ii)by replacing lines 9 to 11 with the following:

“the recipient designated in those regulations.

(3) The Minister of Health must make regulations”,

(iii)by replacing line 32 with the following:

(3.1) The Minister of Health, after consultation with repre-”, and

(iv)by replacing line 34 with the following:

“health, must establish guidelines on the information to be”; and

(b)in clause 11, on page 14, by replacing lines 12 and 13 with the following:

11 Sections 4 and 5 come into force 12 months after the day on which this Act receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.”.

After debate,

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

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 Lankin, P.C., moved, seconded by the Honourable Senator Omidvar:

That Bill C-14, as amended, be not now read a third time, but that it be amended in clause 9.1, on page 13,

(a)by replacing line 21 with the following:

9.1 (1)The Minister of Justice and the Minister of”; and

(b)by replacing lines 26 to 28 with the following:

sistance in dying, to advance requests, to requests where mental illness is the sole underlying medical condition, and to requests where social conditions and social determinants of health contribute to a person’s suffering and may call into question the voluntariness of their request.

(2) The Minister of Justice and the Minister of Health must, no later than 18 months after the day on which a review is initiated, cause one or more reports on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.”.

Debate.

Question Period

Pursuant to the order adopted on June 13, 2016, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable Chrystia Freeland, P.C.,M.P., Minister of International Trade, entered the Senate and took part in Question Period.


With leave,

The Senate reverted to Presenting or Tabling Reports from Committees.

The Honourable Senator Lang presented the following:

Tuesday, June 14, 2016

The Standing Senate Committee on National Security and Defence has the honour to present its

FOURTH REPORT

Your committee, to which was referred Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures, has, in obedience to the order of reference of June 2, 2016, examined the said bill and now reports the same with the following amendments:

1.New clause 4.1, page 3: Add after line 16, the following:

4.1 The Act is amended by adding the following after section 7:

7.1 Nothing in this Act is to be construed as affecting the human resources management powers conferred on the Commissioner of the Royal Canadian Mounted Police by the Royal Canadian Mounted Police Act.”.

2.Clause 10, page 4:

(a)Replace line 27 with the following:

10 (1) Subsection 64(1) of the Act is replaced by the”; and

(b)Add after line 36 the following:

(2) Subsection 64(3) of the Act is replaced by the following:

(3) For the purpose of paragraph (1.1)(a), membership in any employee organization that forms part of a council of employee organizations is deemed to be membership in the council.”.

3.Clause 17, page 6: Replace line 15 with the following:

144 (1) Subject to section 150, after estab-”.

4.Clause 33, pages 18 to 22:

(a)On page 18, replace line 3 with the following:

“group only if it is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in the proposed bargaining unit who have cast a ballot have voted to have the applicant employee organization represent them as their bargaining agent and that the employee organiza-”.

(b)on page 19, delete lines 29 to 39;

(c)on page 20,

(i)delete lines 1 to 19, and

(ii)delete lines 33 to 37;

(d)on page 21, delete lines 1 to 34; and

(e) on page 22,

(i)replace lines 20 and 21 with the following:

“pretation or application, in respect of the employee, of

(a) a provision of a collective agreement or an arbitral award; or

(b) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment.”; and

(ii)replace lines 26 to 29 with the following:

“employee’s satisfaction.”.

5.Clause 40, page 29: replace line 5 with the following:

“collective agreement or an arbitral award, or of a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment must be presented”.

6.Clause 51, page 32: Replace lines 12 and 13 with the following:

“compensation may not be inconsistent with section 113 of the Federal Public Sector Labour Relations”.

7.Clause 53, page 32: Replace line 29 with the following:

“section 150 of that Act, make an arbitral”.

8.Clause 62, page 40: Replace line 14 with the following:

lective agreement or an arbitral award, or of a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, is deemed”.

9.Clause 68, page 46: Replace lines 35 and 36 with the following:

“be, of a provision of a collective agreement or an arbitral award, or of a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, and alleges that the employer has engaged in a dis-”.

10.Clause 69, pages 49 and 50:

(a) On page 49,

(i)replace lines 33 and 34 with the following:

“or application, in respect of the employee, of

(a) a provision of a collective agreement or an arbitral award; or

(b) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment.”, and

(ii) replace lines 39 and 40 with the following:

“for the bargaining unit, unless the grievance”; and

(b) on page 50,

(i) replace lines 1 and 2 with the following:

“alleges that the employer has engaged in”,

(ii) replace lines 6 to 8 with the following:

“(2), an individual grievance that al-”,

(iii) replace lines 30 to 33 with the following:

“employee’s satisfaction, whether or not it alleges that the employer has”, and

(iv) replace lines 40 to 43 with the following:

“in the adjudication proceedings, unless the grievance alleges that the employer has engaged in”.

Respectfully submitted,

DANIEL LANG

Chair

The Honourable Senator Lang moved, seconded by the Honourable Senator Raine, 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

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.

And on the motion in amendment of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Omidvar:

That Bill C-14, as amended, be not now read a third time, but that it be amended in clause 9.1, on page 13,

(a)by replacing line 21 with the following:

9.1 (1)The Minister of Justice and the Minister of”; and

(b)by replacing lines 26 to 28 with the following:

sistance in dying, to advance requests, to requests where mental illness is the sole underlying medical condition, and to requests where social conditions and social determinants of health contribute to a person’s suffering and may call into question the voluntariness of their request.

(2) The Minister of Justice and the Minister of Health must, no later than 18 months after the day on which a review is initiated, cause one or more reports on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.”.

After debate,

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

That the motion in amendment moved by the Honourable Senator Lankin be not now adopted, but that it be amended in paragraph (b) by adding, immediately after “sole underlying medical condition,”, the following:

to requests where the person’s natural death is not reasonably foreseeable,”.

After debate,

The question being put on the subamendment, it was negatived, on division.

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.

And on the motion in amendment of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Omidvar:

That Bill C-14, as amended, be not now read a third time, but that it be amended in clause 9.1, on page 13,

(a)by replacing line 21 with the following:

9.1 (1)The Minister of Justice and the Minister of”; and

(b)by replacing lines 26 to 28 with the following:

sistance in dying, to advance requests, to requests where mental illness is the sole underlying medical condition, and to requests where social conditions and social determinants of health contribute to a person’s suffering and may call into question the voluntariness of their request.

(2) The Minister of Justice and the Minister of Health must, no later than 18 months after the day on which a review is initiated, cause one or more reports on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.”.

After debate,

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

YEAS

The Honourable Senators

BakerBellemareCampbellCordyCowanDowneDuffyDyckEggletonFraserGagnéHarderHubleyJafferJoyalKennyLankinLovelace NicholasMassicotteMcCoyMercerMitchellMooreMunsonOmidvarPratteRinguetteSinclairTardifWallinWhite—31

NAYS

The Honourable Senators

AtaullahjanBattersBeyakCarignanCoolsDagenaisDayDoyleEatonEnvergaFrumGreeneHousakosJohnsonLangMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMerchantMeredithMocklerNgoOgilvieOhPattersonPlettPoirierRaineRivardRuncimanSeidmanSmithStewart OlsenTannasTkachukUngerWallaceWells—42

ABSTENTION

The Honourable Senator

Sibbeston—1

The Senate resumed 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 Cowan moved, seconded by the Honourable Senator Fraser:

That Bill C-14, as amended, be not now read a third time, but that it be amended in clause 3, on page 6,

(a)by deleting, in the French version, in line 2 (as replaced by the decision of the Senate on June 9, 2016), the words “ou une évaluation à cet égard”; and

(b)by replacing, in the English version, in line 35 (as replaced by the decision of the Senate on June 8, 2016), the word “had” with the word “has”.

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

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 Carignan, P.C., moved, seconded by the Honourable Senator Greene:

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

(a)in the preamble, on page 2, by replacing, in the English version, line 21 with the following:

“unique needs, and it commits to working with provinces,”; and

(b) in clause 3, on page 9, by replacing line 2 with the following:

“graphs 241.2(3)(b) to (i) and subsection 241.2(8) is guilty”.

After debate,

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

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 Cowan moved, seconded by the Honourable Senator Fraser:

That Bill C-14, as amended, be not now read a third time, but that it be amended in the preamble, on page 2, by adding after line 2 the following:

“Whereas the Government of Canada has committed to work with the provinces and territories to support the establishment of any additional safeguards that may be needed to protect vulnerable persons who may seek medical assistance in dying while not at the end of life;”.

After debate,

In amendment, the Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Plett:

That the motion in amendment moved by the Honourable Senator Cowan be amended by deleting the words “while not at the end of life”.

At 6:51 p.m., the sitting was suspended.

At 7:03 p.m., the sitting resumed.

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.

And on the motion in amendment of the Honourable Senator Cowan, seconded by the Honourable Senator Fraser:

That Bill C-14, as amended, be not now read a third time, but that it be amended in the preamble, on page 2, by adding after line 2 the following:

“Whereas the Government of Canada has committed to work with the provinces and territories to support the establishment of any additional safeguards that may be needed to protect vulnerable persons who may seek medical assistance in dying while not at the end of life;”.

And on the subamendment of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Plett:

That the motion in amendment moved by the Honourable Senator Cowan be amended by deleting the words “while not at the end of life”.

After debate,

The question being put on the subamendment, it was negatived, on division.

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.

And on the motion in amendment of the Honourable Senator Cowan, seconded by the Honourable Senator Fraser:

That Bill C-14, as amended, be not now read a third time, but that it be amended in the preamble, on page 2, by adding after line 2 the following:

“Whereas the Government of Canada has committed to work with the provinces and territories to support the establishment of any additional safeguards that may be needed to protect vulnerable persons who may seek medical assistance in dying while not at the end of life;”.

After debate,

The question being put on the motion in amendment, it was negatived, on division.

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

That Bill C-14, as amended, be not now read a third time, but that it be amended in clause 9.1, on page 13,

(a)by replacing line 21 with the following:

9.1 (1)The Minister of Justice and the Minister of”; and

(b)by adding after line 28 the following:

(2)The Minister of Justice and the Minister of Health must, no later than two years after the day on which a review is initiated, cause one or more reports on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.”.

After debate,

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 7:34 p.m., the Senate was continued until tomorrow at 2 p.m.)


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on National Finance

The Honourable Senator Mitchell was removed from the membership of the committee, substitution pending (June 14, 2016).

Standing Senate Committee on National Security and Defence

The Honourable Senator Cowan was removed from the membership of the committee, substitution pending (June 14, 2016).

The Honourable Senator Cowan was added to the membership (June 13, 2016).