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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 52 (Revised)

Friday, June 17, 2016
9 a.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWattWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart 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

Tabling of Documents

The Honourable the Speaker tabled the following:

Annual Report of the Office of the Public Sector Integrity Commissioner for the fiscal year ended March 31, 2016, pursuant to the Public Servants Disclosure Protection Act, S.C. 2005,c. 46s. 38.—Sessional Paper No. 1/42-380.

o o o

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

Government response to the sixth report of the Standing Senate Committee on Official Languages, entitled Aiming Higher: Increasing bilingualism of our Canadian Youth, tabled in the Senate on June 15, 2015, during the Second Session of the Forty-first Parliament.—Sessional Paper No. 1/42-381S.

(Pursuant to rule 12-24(4), the report and the response were deemed referred to the Standing Senate Committee on Official Languages.)

Orders of the Day

Government Business

Bills – Messages from the House of Commons

Consideration of the message from the House of Commons concerning 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 Harder, P.C., moved, seconded by the Honourable Senator Baker, P.C.:

That the Senate concur in the amendments made by the House of Commons to its amendments 2(c)(i) and 3 to Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying);

That the Senate do not insist on its amendments 2(a),2(b),2(c)(ii) and 2(c)(iii), to which the House of Commons has disagreed; and

That a message be sent to the House of Commons to acquaint that house accordingly.

After debate,

In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Tardif:

That the motion moved by the Honourable Senator Harder be not now adopted, but that it be amended by replacing the second paragraph by the following:

“That the Senate do not insist on its amendment 2(a);

That, in lieu of its amendments 2(b), 2(c)(ii) and 2(c)(iii),Bill C-14 be amended, on page 6, by adding after line 21 the following:

(2.1) Subject to subsection (2.2), paragraph 241.2(2)(d) of the Criminal Code, as enacted by section 3 of An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), comes into force on a day to be fixed by order of the Governor in Council.

(2.2) No order may be made under subsection (2.1) unless the Supreme Court of Canada has rendered an opinion, pursuant to section 53 of the Supreme Court Act, stating that paragraph 241.2(2)(d) of the Criminal Code, as enacted by section 3 of AnAct to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), is consistent with the Canadian Charter of Rights and Freedoms.”; and”.

After debate,

A point of order was raised with respect to the acceptability of the amendment.

Debate.

Ordered, That the sitting be suspended to reassemble at the call of the chair, with a 10 minute bell.

(Accordingly, at 10:34 a.m., the sitting was suspended.)

At 11:42 a.m., the sitting resumed.

SPEAKER'S RULING

I am ready to rule on Senator Harder’s point of order respecting Senator Joyal’s motion in amendment.  In brief, Senator Harder suggested that the amendment is beyond the scope of his motion and the amendments addressed by the message.  I will preface my remarks by two points that shape my decision. 

First, as indicated on page 220 of Senate Procedure in Practice, “In situations where the question raised is ambiguous, several Speakers ‘have expressed a preference for presuming a matter to be in order, unless and until the contrary position is established.’” Senator Maltais emphasized this important point. We should, colleagues, jealously guard our right to debate in this chamber.

Second, we must recognize that we are engaged in a dialogue between the two houses to reach an acceptable compromise on Bill C-14.  We have agreed on most points, and the disagreement between the two houses has narrowed to limited aspects of the bill.  As Senator Cools pointed out, it would be inappropriate to bring entirely new issues into play at this point.  It is this legitimate concern that is at the heart of Senator Harder’s point of order.

However, as I understand it, the amendment that Senator Joyal has moved accepts most of what the House of Commons has proposed to us in relation to amendments 2(b), 2(c)(ii) and 2(c)(iii).  The effect of his amendment, if accepted by the two houses, will be to delay the coming into force of a provision of the bill that is already included in the message.  As such, the amendment can reasonably be seen as being relevant to the message.  In situations such as this, however, where there is uncertainty, it is our longstanding practice to allow debate to continue.

Accordingly, debate on Senator Joyal’s amendment can proceed.

The Senate resumed debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Baker, P.C.:

That the Senate concur in the amendments made by the House of Commons to its amendments 2(c)(i) and 3 to Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying);

That the Senate do not insist on its amendments 2(a),2(b),2(c)(ii) and 2(c)(iii), to which the House of Commons has disagreed; and

That a message be sent to the House of Commons to acquaint that house accordingly.

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

That the motion moved by the Honourable Senator Harder be not now adopted, but that it be amended by replacing the second paragraph by the following:

“That the Senate do not insist on its amendment 2(a);

That, in lieu of its amendments 2(b), 2(c)(ii) and 2(c)(iii),Bill C-14 be amended, on page 6, by adding after line 21 the following:

(2.1) Subject to subsection (2.2), paragraph 241.2(2)(d) of the Criminal Code, as enacted by section 3 of An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), comes into force on a day to be fixed by order of the Governor in Council.

(2.2) No order may be made under subsection (2.1) unless the Supreme Court of Canada has rendered an opinion, pursuant to section 53 of the Supreme Court Act, stating that paragraph 241.2(2)(d) of the Criminal Code, as enacted by section 3 of AnAct to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), is consistent with the Canadian Charter of Rights and Freedoms.”; and”.

After debate,

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

YEAS

The Honourable Senators

BlackBoisvenuCarignanCordyCowanDagenaisDayDowneDyckEggletonFraserGreeneJafferJoyalKennyLovelace NicholasMaltaisMassicotteMcInnisMercerMocklerMooreMunsonNancy RuthNgoOgilvieWallinWhite—28

NAYS

The Honourable Senators

AtaullahjanBakerBattersBellemareBeyakCampbellCoolsDoyleDuffyEatonEnvergaFrumGagnéHarderHousakosJohnsonLangLankinMacDonaldMarshallMartinMcCoyMerchantMeredithMitchellOmidvarPattersonPlettPoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTannasTkachukUngerWallaceWatt—42

ABSTENTIONS

The Honourable Senators

AndreychukMcIntyreOh—3

The Senate resumed debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Baker, P.C.:

That the Senate concur in the amendments made by the House of Commons to its amendments 2(c)(i) and 3 to Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying);

That the Senate do not insist on its amendments 2(a),2(b),2(c)(ii) and 2(c)(iii), to which the House of Commons has disagreed; and

That a message be sent to the House of Commons to acquaint that house accordingly.

After debate,

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

YEAS

The Honourable Senators

AtaullahjanBakerBellemareBeyakBlackCampbellCoolsCordyDayDuffyEatonEnvergaFrumFureyGagnéGreeneHarderHousakosJohnsonLankinMacDonaldMarshallMartinMcCoyMerchantMitchellMocklerMunsonOhOmidvarPattersonPlettPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTannasTkachukWallaceWatt—44

NAYS

The Honourable Senators

AndreychukBattersBoisvenuCarignanCowanDagenaisDowneDoyleDyckEggletonFraserJafferJoyalKennyLangLovelace NicholasMaltaisMcInnisMcIntyreMercerMeredithMooreNancy RuthOgilviePoirierUngerWallinWhite—28

ABSTENTIONS

The Honourable Senators

Nil

Bills – Third Reading

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

Bills – Second Reading

Orders No. 1 to 3 were 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

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

That, in order to allow the Senate to receive a Minister of the Crown during Question Period as authorized by the Senate on December 10, 2015, and notwithstanding rule 4-7, when the Senate sits on Tuesday, June 21, 2016, Question Period shall begin at 3:30 p.m., with any proceedings then before the Senate being interrupted until the end of Question Period, which shall last a maximum of 40 minutes;

That, if a standing vote would conflict with the holding of Question Period at 3:30 p.m. on that day, the vote be postponed until immediately after the conclusion of Question Period;

That, if the bells are ringing for a vote at 3:30 p.m. on that day, they be interrupted for Question Period at that time, and resume thereafter for the balance of any time remaining; and

That, if the Senate concludes its business before 3:30 p.m. on that day, the sitting be suspended until that time for the purpose of holding Question Period.

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

o o o

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

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, June 20, 2016 at 6 p.m.; and

That rule 3-3(1) be suspended on that day.

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

o o o

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

Inquiries

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


Ordered, That motion No. 104 standing in the name of the Honourable Senator Munson on the Notice Paper be brought forward.

With leave of the Senate,

The Honourable Senator Munson moved, seconded by the Honourable Senator Jaffer:

That the Standing Senate Committee on Human Rights be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate a report relating to its study on matters pertaining to human rights and, inter alia, to review the machinery of government dealing with Canada’s international and national human rights obligations on Monday, June 20, 2016, if the Senate is not then sitting; and that the report be deemed to have been tabled in the Chamber.

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

Other Business

Senate Public Bills – Reports of Committees

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

Senate Public Bills – Second Reading

Orders No. 1 to 19 were 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 Joyal, P.C., for the second reading of Bill S-206, An Act to amend the Criminal Code (protection of children against standard child-rearing violence).

After debate,

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

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


Ordered, That rule 3-4 be suspended today.

Other Business

Senate Public Bills – Second Reading

Order No. 21 was called and postponed until the next sitting.

Commons Public Bills – Second Reading

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

Reports of Committees – Other

Orders No. 1 to 6 were called and postponed until the next sitting.

Motions

Orders No. 7, 92, 79, 73, 9, 51, 69, 96, 60, 89, 43, 31 and 64 were called and postponed until the next sitting.

Inquiries

Orders No. 2, 1, 3, 12, 5 and 8 were called and postponed until the next sitting.


At 3:50 p.m., pursuant to rule 16-1(8), the sitting was suspended to await the announcement of Royal Assent, to reassemble at the call of the Chair with a five minute bell.

At 5:05 p.m., the sitting resumed.

WRITTEN DECLARATION OF ROYAL ASSENT

At 5:05 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:

RIDEAU HALL

June 17th, 2016

Mr. Speaker:

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 17th day of June, 2016, at 4:21 p.m.

Yours sincerely,

Stephen Wallace

Secretary to the Governor General

The Honourable

The Speaker of the Senate

Ottawa

Schedule

Bills Assented To

Friday, June 17, 2016

An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying) (Bill C-14, Chapter 3, 2016)

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 (Bill S-1001)

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons with Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act, 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 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.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 5:12 p.m., the Senate was continued until Monday, June 20, 2016, at 6 p.m.)

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

Report of the Transportation Safety Board of Canada for the fiscal year ended March 31, 2016, pursuant to the Canadian Transportation Accident Investigation and Safety Board Act, S.C., 1989, c. 3,sbs. 13(3).—Sessional Paper No. 1/42-377.

Reports of the Financial Transactions and Reports Analysis Centre 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. 1/42-378.

Reports of the Department of Justice 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. 1/42-379.