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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 60 (Revised)

Wednesday, October 5, 2016
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuBrazeauCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyEatonEggletonEnvergaFrumFureyGreeneHarderHousakosHubleyJoyalLankinMacDonaldManningMarshallMartinMcCoyMcInnisMercerMeredithMitchellMooreMunsonNancy RuthNgoOgilvieOmidvarPetitclercPlettPoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTannasTkachukUngerWallaceWallinWattWellsWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuBrazeauCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyEatonEggletonEnvergaFrumFurey*GagnéGreeneHarderHousakosHubley*JafferJoyalLankinMacDonald*MaltaisManningMarshallMartin*MassicotteMcCoyMcInnis*McIntyreMercerMeredithMitchell*MocklerMooreMunsonNancy Ruth*NeufeldNgoOgilvieOmidvar*PattersonPetitclercPlettPoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTannas*TardifTkachukUngerWallaceWallinWattWellsWhite

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:

Reports of the Office of the Commissioner of Official Languages 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. 1/42-695.

Presenting or Tabling Reports from Committees

The Honourable Senator Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, informed the Senate that, pursuant to the orders adopted by the Senate on January 28, 2016, and June 21, 2016, the committee deposited with the Clerk of the Senate on August 12, 2016, its eighth report entitled: Delaying Justice is Denying Justice: An Urgent Need to Address Lengthy Court Delays in Canada.—Sessional Paper No. 1/42-607S.

The Honourable Senator Runciman moved, seconded by the Honourable Senator Marshall, 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 Tannas presented the following:

Wednesday, October 5, 2016

The Special Senate Committee on Senate Modernization has the honour to present its

SIXTH REPORT

Your committee, which was authorized by the Senate on Friday, December 11, 2015, to consider methods to make the Senate more effective within the current constitutional framework, now reports as follows:

In its first report tabled on October 4, 2016, your committee examined the process of selection of the Speaker and the Speaker pro tempore and now recommends the following:

That the Senate direct the Committee on Rules, Procedures and the Rights of Parliament to develop a process within the Rules of the Senate by which senators may express their preference for a Speaker by nominating up to five senators as nominees for consideration by the Prime Minister to recommend to the Governor General for appointment; and

That this process takes place at the beginning of each Parliament.

That the Senate direct the Committee on Rules, Procedures and the Rights of Parliament to recommend changes to the Rules of the Senate to permit the Speaker pro tempore to be elected by senators by secret ballot.

That the Speaker pro tempore be selected from a caucus or group that differs from that of the Speaker.

Respectfully submitted,

SCOTT TANNAS

The Honourable Senator Tannas moved, seconded by the Honourable Senator Batters, that the report be placed on the Orders of the Day for consideration two days hence.

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

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Second Reading

Second reading of Bill S-2, An Act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another Act.

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare, that the bill be read the second time.

After debate,

The Honourable Senator White moved, seconded by the Honourable Senator Andreychuk, 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. 2 and 3 were 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 – Reports of Committees

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

Senate Public Bills – Second Reading

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

o o o

Second reading of Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children).

The Honourable Senator Raine moved, seconded by the Honourable Senator Eggleton, P.C., that the bill be read the second time.

After debate,

The Honourable Senator Eggleton, P.C., 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

Orders No. 8 to 18 were called and postponed until the next sitting.

o o o

The order was called for resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Baker, P.C., for the second reading of Bill S-219, An Act to deter Iran-sponsored terrorism, incitement to hatred, and human rights violations.

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

The bill was then read the second time.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Andreychuk, that the bill be referred to the Standing Senate Committee on Foreign Affairs and International Trade.

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

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.

The Honourable Senator Sinclair moved, seconded by the Honourable Senator Pratte, 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 Dyck, seconded by the Honourable Senator Eggleton, P.C., for the second reading of Bill S-215, An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women).

The Honourable Senator Martin moved, for the Honourable Senator McIntyre, seconded by the Honourable Senator Greene, 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. 22 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 and 2 were called and postponed until the next sitting.

Motions

Orders No. 117, 79 and 43 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Ngo, 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,

Further debate on the motion was adjourned until the next sitting, in the name of the Honourable Senator Cools.

o o o

Orders No. 31, 7, 73, 9, 51 and 69 were called and postponed until the next sitting.

o o o

The order was called for resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Hubley:

That all documents, information, papers and reports provided to the Auditor General of Canada by each Senator who was subject to the comprehensive audit by the Auditor General pursuant to the motion adopted by the Senate of Canada on June 6, 2013, be returned intact and complete, including any copies thereof, to each Senator, respectively, within 30 days of the adoption of this motion.

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

o o o

Orders No. 60 and 89 were called and postponed until the next sitting.

Inquiries

Order No. 8 was called and postponed until the next sitting.

ADJOURNMENT

At 4 p.m., pursuant to the order adopted by the Senate on February 4, 2016, the Senate adjourned until 1:30 p.m., tomorrow.

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

Report of the Freshwater Fish Marketing Corporation, together with the Auditor General’s Report, for the year ended April 30, 2016, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-692.

Reports of the Freshwater Fish Marketing Corporation 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. 1/42-693.

Report on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the year 2015, pursuant to the Act, S.C. 1992, c. 52, s. 28.—Sessional Paper No. 1/42-694.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Beyak replaced the Honourable Senator Oh (October 4, 2016).

Standing Senate Committee on Human Rights

The Honourable Senator Beyak replaced the Honourable Senator Ataullahjan (October 5, 2016).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Raine replaced the Honourable Senator McIntyre (October 4, 2016).

Standing Senate Committee on National Finance

The Honourable Senator Tkachuk replaced the Honourable Senator Mockler (October 5, 2016).

The Honourable Senator Beyak replaced the Honourable Senator Ataullahjan (October 5, 2016).

The Honourable Senator Neufeld replaced the Honourable Senator Tkachuk (October 5, 2016).

The Honourable Senator Mockler replaced the Honourable Senator Batters (October 5, 2016).

Special Senate Committee on Senate Modernization

The Honourable Senator Dagenais replaced the Honourable Senator McIntyre (October 4, 2016).