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67 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 190 (Unrevised)

Tuesday, March 27, 2018
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukBattersBellemareBeyakBlack (Alberta)Black (Centre Wellington)BoisvenuBonifaceBoveyBoyerBrazeauCampbellCarignanChristmasCoolsCormierCoyleDagenaisDayDeaconDeanDowneDoyleDuffyDupuisDyckEatonEggletonFrumFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJafferJoyalLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMitchellMocklerMoncionMunsonNgoOhOmidvarPattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

Andreychuk*AtaullahjanBattersBellemare*BernardBeyakBlack (Alberta)Black (Centre Wellington)BoisvenuBonifaceBoveyBoyerBrazeauCampbellCarignanChristmasCools*CordyCormierCoyleDagenais*DawsonDayDeaconDeanDowneDoyleDuffyDupuisDyckEatonEggletonFrumFureyGagnéGalvezGoldGreeneGriffinHarder*HartlingHousakosJafferJoyalLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMitchellMocklerMoncionMunsonNgoOhOmidvar*PatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWhiteWoo

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:

Report of the Canadian Human Rights Commission for the year 2017, pursuant to the Canadian Human Rights Act, R.S.C. 1985, c. H-6, sbs. 61(4), and the Employment Equity Act, S.C. 1995, c. 44, s. 32.—Sessional Paper No. 1/42-1923.

Presenting or Tabling Reports from Committees

The Honourable Senator Campbell, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled the twenty-seventh report (interim) of the committee, entitled Parliamentary Translation Services.—Sessional Paper No. 1/42-1924S.

The Honourable Senator Campbell moved, seconded by the Honourable Senator Cormier, 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 Dyck, Chair of the Standing Senate Committee on Aboriginal Peoples, presented the committee’s tenth report (Bill C-70, An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts, without amendment).

Ordered, That the bill be placed on the Orders of the Day for third reading later this day.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-72, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018, to which it desires the concurrence of the Senate.

The bill was read the first time.

Ordered, That the bill be placed on the Orders of the Day for a second reading at the next sitting.

o o o

A message was brought from the House of Commons with Bill C-73, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2019, to which it desires the concurrence of the Senate.

The bill was read the first time.

Ordered, That the bill be placed on the Orders of the Day for a second reading at the next sitting.

Notices of Motions

With leave of the Senate,

The Honourable Senator Griffin moved, seconded by the Honourable Senator Dupuis:

That the Standing Senate Committee on Agriculture and Forestry have the power to meet on Tuesday, March 27, 2018, at 6 p.m., 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

Bills – Third Reading

Third reading of Bill C-70, An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts.

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

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.

Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Mitchell, for the second reading of Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act.

After debate,

The Honourable Senator Omidvar moved, for the Honourable Senator Pate, seconded by the Honourable Senator Gagné, 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. 3 was called and postponed until the next sitting.

o o o

The order was called for resuming debate on the motion of the Honourable Senator Cormier, seconded by the Honourable Senator Petitclerc, for the second reading of Bill C-66, An Act to establish a procedure for expunging certain historically unjust convictions and to make related amendments to other Acts.

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

The bill was then read the second time.

The Honourable Senator Cormier moved, seconded by the Honourable Senator Wallin, that the bill be referred to the Standing Senate Committee on Human Rights.

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

Reports of Committees – Other

Orders No. 9 and 10 were called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Cordy:

That the following Address be presented to His Excellency the Governor General of Canada:

To His Excellency the Right Honourable David Johnston, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty’s most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Gagné, that further debate on the motion be adjourned until the next sitting.

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

Inquiries

Order No. 3 was called and postponed until the next sitting.

Other Business

Senate Public Bills – Third Reading

Orders No. 1 to 4 were called and postponed until the next sitting.

Senate Public Bills – Reports of Committees

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

o o o

Resuming debate on the motion of the Honourable Senator Stewart Olsen, seconded by the Honourable Senator Eaton, for the adoption of the twentieth report of the Standing Senate Committee on Banking, Trade and Commerce (Bill S-237, An Act to amend the Criminal Code (criminal interest rate), with amendments), presented in the Senate on February 13, 2018.

After debate,

The Honourable Senator Ringuette moved, for the Honourable Senator Moncion, seconded by the Honourable Senator Cools, that further debate on the motion be adjourned until the next sitting.

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

Senate Public Bills – Second Reading

Orders No. 1 to 5 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Downe, seconded by the Honourable Senator Eggleton, P.C., for the second reading of Bill S-243, An Act to amend the Canada Revenue Agency Act (reporting on unpaid income tax).

After debate,

The Honourable Senator Bovey moved, seconded by the Honourable Senator Richards, 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. 7 to 10 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Seidman, for the second reading of Bill C-337, An Act to amend the Judges Act and the Criminal Code (sexual assault).

After debate,

With leave of the Senate,

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

Reports of Committees – Other

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

o o o

Resuming debate on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Wells, for the adoption of the sixth report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Speakership), presented in the Senate on October 5, 2016.

With leave of the Senate,

The Honourable Senator Day moved, for the Honourable Senator Mercer, seconded by the Honourable Senator Cools, 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. 6 to 8, 10, 15, 29, 33 and 50 to 52 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Massicotte, seconded by the Honourable Senator Tannas, for the adoption of the twenty-first report (interim) of the Standing Committee on Internal Economy, Budgets and Administration, entitled Audit and Oversight, presented in the Senate on November 28, 2017.

Debate.

Question Period

Pursuant to the order adopted on March 22, 2018, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  Jim Carr, P.C., M.P., Minister of Natural Resources, entered the Senate and took part in Question Period.

Orders of the Day

Other Business

Reports of Committees – Other

The Senate resumed debate on the motion of the Honourable Senator Massicotte, seconded by the Honourable Senator Tannas, for the adoption of the twenty-first report (interim) of the Standing Committee on Internal Economy, Budgets and Administration, entitled Audit and Oversight, presented in the Senate on November 28, 2017.

After debate,

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


Ordered : That Order No. 4, under Senate Public Bills – Third Reading, be again called.

Third reading of Bill S-238, An Act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (importation of shark fins), as amended.

The Honourable Senator MacDonald moved, seconded by the Honourable Senator Tkachuk, that the bill, as amended, be read for a third time.

After debate,

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

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


Ordered : That Order No. 8, under Senate Public Bills – Second Reading, be again called.

Second reading of Bill S-245, An Act to declare the Trans Mountain Pipeline Project and related works to be for the general advantage of Canada.

The Honourable Senator Black (Alberta) moved, seconded by the Honourable Senator Bovey, that the bill be read the second time.

After debate,

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

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

Reports of Committees – Other

Order No. 66 was called and postponed until the next sitting.

Motions

Orders No. 31 and 73 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C.:

That, in order to ensure that legislative reports of Senate committees follow a transparent, comprehensible and non-partisan methodology, the Rules of the Senate be amended by replacing rule 12-23(1) by the following:

“Obligation to report bill

12-23. (1) The committee to which a bill has been referred shall report the bill to the Senate. The report shall set out any amendments that the committee is recommending.  In addition, the report shall have appended to it the committee’s observations on:

(a) whether the bill generally conforms with the Constitution of Canada, including:

(i) the Canadian Charter of Rights and Freedoms, and

(ii) the division of legislative powers between Parliament and the provincial and territorial legislatures;

(b) whether the bill conforms with treaties and international agreements that Canada has signed or ratified;

(c) whether the bill unduly impinges on any minority or economically disadvantaged groups;

(d) whether the bill has any impact on one or more provinces or territories;

(e) whether the appropriate consultations have been conducted;

(f) whether the bill contains any obvious drafting errors;

(g) all amendments moved but not adopted in the committee, including the text of these amendments; and

(h) any other matter that, in the committee’s opinion, should be brought to the attention of the Senate.”

And on the motion in amendment of the Honourable Senator Nancy Ruth, seconded by the Honourable Senator Tkachuk:

That the motion be not now adopted, but that it be amended by:

1.adding the following new subsection after proposed subsection (c):

“(d) whether the bill has received substantive gender-based analysis;”; and

2.by changing the designation for current proposed subsections (d) to (h) to (e) to (i).

The Honourable Senator Cools moved, seconded by the Honourable Senator Day, that further debate on the motion in amendment be adjourned until the next sitting.

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

o o o

Orders No. 92, 139, 146, 158, 189, 215, 245, 286, 292 and 302 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Dagenais, seconded by the Honourable Senator Oh:

That, given serious potential implications for Canada’s relations with India as well as for Canada’s national security arising out of the recent visit by the Prime Minister to that country, the Standing Senate Committee on National Security and Defence be authorized to:

(a)Invite Mr. Daniel Jean, the Prime Minister’s National Security Advisor, to appear before the Committee to answer questions related to the issues arising from the recent visit by the Prime Minister to India;

(b)Invite additional witnesses from the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, Global Affairs Canada and any other relevant agencies to explain how an individual convicted of serious criminal offences was permitted to attend official events involving the Prime Minister, Ministers and senior Canadian officials; and

(c)Provide any recommendations that the Committee believes may be warranted as a result of this incident;

That the Committee submit its final report no later than June 1, 2018, and retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

After debate,

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

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

YEAS

The Honourable Senators

BellemareBlack (Alberta)Black (Centre Wellington)BonifaceBoveyBoyerCormierCoyleDayDeanDupuisEggletonGagnéGoldHarderJafferMarwahMcPhedranMégieMitchellMoncionMunsonOmidvarPetitclercPratteSaint-GermainWetstonWoo—28

NAYS

The Honourable Senators

AndreychukBattersBeyakBoisvenuCarignanDagenaisDoyleEatonGreeneGriffinHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettPoirierRaineSeidmanSmithStewart OlsenTannasTkachukUngerVernerWells—33

ABSTENTIONS

The Honourable Senators

DowneLankin—2

The Senate resumed debate on the motion of the Honourable Senator Dagenais, seconded by the Honourable Senator Oh:

That, given serious potential implications for Canada’s relations with India as well as for Canada’s national security arising out of the recent visit by the Prime Minister to that country, the Standing Senate Committee on National Security and Defence be authorized to:

(a)Invite Mr. Daniel Jean, the Prime Minister’s National Security Advisor, to appear before the Committee to answer questions related to the issues arising from the recent visit by the Prime Minister to India;

(b)Invite additional witnesses from the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, Global Affairs Canada and any other relevant agencies to explain how an individual convicted of serious criminal offences was permitted to attend official events involving the Prime Minister, Ministers and senior Canadian officials; and

(c)Provide any recommendations that the Committee believes may be warranted as a result of this incident;

That the Committee submit its final report no later than June 1, 2018, and retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

After debate,

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

That the motion be not now adopted, but that it be amended by replacing all words following the word “country,” with the following:

“the Senate observe that the National Security and Intelligence Committee of Parliamentarians may be an appropriate forum to review the security and intelligence operating procedures in relation to diplomatic and foreign visits involving the Government of Canada, including the examination of relevant witnesses that would provide classified information, and further observe that the said Committee may include findings and recommendations of such a review, if any, in its annual report or in a special report that would be tabled in Parliament and stand referred to the Standing Senate Committee on National Security and Defence pursuant to sections 21(6) and (7) of the National Security and Intelligence Committee of Parliamentarians Act.”.

After debate,

The Honourable Senator Gold moved, seconded by the Honourable Senator Moncion, that further debate on the motion in amendment be adjourned until the next sitting.

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

YEAS

The Honourable Senators

BellemareBlack (Centre Wellington)BonifaceBoveyBoyerCormierCoyleDayDeanDupuisEggletonGagnéGoldHarderJafferMarwahMcPhedranMégieMitchellMoncionOmidvarPetitclercPratteSaint-GermainWetstonWoo—26

NAYS

The Honourable Senators

AndreychukBattersBeyakBoisvenuCarignanDagenaisDoyleEatonFrumGriffinHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettPoirierRaineSeidmanSmithStewart OlsenTannasTkachukUngerWells—32

ABSTENTIONS

The Honourable Senators

DowneLankinWhite—3

The Senate resumed debate on the motion of the Honourable Senator Dagenais, seconded by the Honourable Senator Oh:

That, given serious potential implications for Canada’s relations with India as well as for Canada’s national security arising out of the recent visit by the Prime Minister to that country, the Standing Senate Committee on National Security and Defence be authorized to:

(a)Invite Mr. Daniel Jean, the Prime Minister’s National Security Advisor, to appear before the Committee to answer questions related to the issues arising from the recent visit by the Prime Minister to India;

(b)Invite additional witnesses from the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, Global Affairs Canada and any other relevant agencies to explain how an individual convicted of serious criminal offences was permitted to attend official events involving the Prime Minister, Ministers and senior Canadian officials; and

(c)Provide any recommendations that the Committee believes may be warranted as a result of this incident;

That the Committee submit its final report no later than June 1, 2018, and retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

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

That the motion be not now adopted, but that it be amended by replacing all words following the word “country,” with the following:

“the Senate observe that the National Security and Intelligence Committee of Parliamentarians may be an appropriate forum to review the security and intelligence operating procedures in relation to diplomatic and foreign visits involving the Government of Canada, including the examination of relevant witnesses that would provide classified information, and further observe that the said Committee may include findings and recommendations of such a review, if any, in its annual report or in a special report that would be tabled in Parliament and stand referred to the Standing Senate Committee on National Security and Defence pursuant to sections 21(6) and (7) of the National Security and Intelligence Committee of Parliamentarians Act.”.

The question was put on the motion in amendment.

Pursuant to rule 9-10(2), a standing vote was deferred until 5:30 p.m. at the next sitting, with the bells to sound at 5:15 p.m. for fifteen minutes.

Inquiries

Orders No. 8, 12 and 13 and 19 and 20 were called and postponed until the next sitting.


Ordered : That Order No. 13 be again called.

Resuming debate on the inquiry of the Honourable Senator Bellemare, calling the attention of the Senate to the relevance of full employment in the 21st century in a Globalized economy.

After debate,

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Petitclerc, 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 Wallin, calling the attention of the Senate to the proposal put forward by Senator Harder, titled “Sober Second Thinking”, which reviews the Senate’s performance since the appointment of independent senators, and recommends the creation of a Senate business committee.

After debate,

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

o o o

Orders No. 25 and 26, 28, 32 and 33 and 36 were called and postponed until the next sitting.

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 8:26 p.m., the Senate was continued until tomorrow at 2 p.m.)

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

Proposed Regulations Amending the Immigration and Refugee Protection Regulations, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 5(2).—Sessional Paper No. 1/42-1919.

Amendments to the Management Plan for the Fort Wellington National Historic Site of Canada, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 11(2) and to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(2).—Sessional Paper No. 1/42-1920.

Report on the administration of the Species at Risk Act for the year 2016, pursuant to the Act, S.C. 2002, c. 29, s. 126.—Sessional Paper No. 1/42-1921.

Report of the Governor of the Bank of Canada and Financial Statements for the year ended December 31, 2017, pursuant to the Bank of Canada Act, R.S.C. 1985, c. B-2, sbs. 30(3).—Sessional Paper No. 1/42-1922.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Deacon replaced the Honourable Senator Pate (March 27, 2018).

The Honourable Senator Raine replaced the Honourable Senator White (March 27, 2018).

The Honourable Senator White replaced the Honourable Senator Raine (March 26, 2018).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Eaton replaced the Honourable Senator Ataullahjan (March 26, 2018).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Tannas replaced the Honourable Senator Neufeld (March 26, 2018).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Patterson replaced the Honourable Senator Ataullahjan (March 27, 2018).

Standing Senate Committee on Human Rights

The Honourable Senator Wallin replaced the Honourable Senator Brazeau (March 27, 2018).

Standing Senate Committee on National Security and Defence

The Honourable Senator McPhedran replaced the Honourable Senator Dean (March 27, 2018).

The Honourable Senator Dean replaced the Honourable Senator McPhedran (March 26, 2018).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Frum replaced the Honourable Senator Maltais (March 27, 2018).

The Honourable Senator Maltais replaced the Honourable Senator Frum (March 27, 2018).

The Honourable Senator Carignan, P.C., was removed from the membership of the committee, substitution pending (March 26, 2018).

Standing Senate Committee on Transport and Communications

The Honourable Senator Day replaced the Honourable Senator Dawson (March 27, 2018).

The Honourable Senator Dawson replaced the Honourable Senator Day (March 27, 2018).

The Honourable Senator Mercer replaced the Honourable Senator Eggleton, P.C. (March 27, 2018).

Corrigenda

(Journals of the Senate of Wednesday, March 21, 2018)

Remove the name of the Honourable Senator Gagné from the list of Members convened and from the list of Members in attendance to business.

(Journals of the Senate of Wednesday, March 21, 2018)

Add the name of the Honourable Senator *Gagné to the list of Members in attendance to business.