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67 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 216 (Unrevised)

Wednesday, June 6, 2018
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerCampbellCarignanChristmasCoolsCordyCoyleDagenaisDawsonDayDeaconDeanDowneDoyleDuffyDupuisDyckEatonEggletonForestFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerCampbellCarignanChristmasCoolsCordyCoyleDagenaisDawsonDayDeaconDeanDowneDoyleDuffyDupuisDyckEatonEggletonForestFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWoo

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 Dyck, Chair of the Standing Senate Committee on Aboriginal Peoples, presented the thirteenth report of the committee (Supplementary budget—study on the new relationship between Canada and First Nations, Inuit and Métis peoples).

(The report is printed as an appendix at pages 3607-3616 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

The Honourable Senator Dyck moved, seconded by the Honourable Senator Lovelace Nicholas, 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 Bernard, Chair of the Standing Senate Committee on Human Rights, presented the committee’s eleventh report (Bill C-309, An Act to establish Gender Equality Week, without amendment).

The Honourable Senator Dawson moved, seconded by the Honourable Senator Cordy, that the bill be placed on the Orders of the Day for third reading at the next sitting.

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

Question Period

The Senate proceeded to Question Period.

Delayed Answers

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

Response to the oral question asked in the Senate on September 28, 2017 by the Honourable Senator McIntyre, concerning Governor-in-Council appointments. —Sessional Paper No. 1/42-2119S.

Response to the oral question asked in the Senate on November 8, 2017 by the Honourable Senator Ngo, concerning bilateral discussions with Vietnam.—Sessional Paper No. 1/42-2120S.

Response to the oral question asked in the Senate on April 19, 2018 by the Honourable Senator Lovelace Nicholas, concerning pipeline protests.—Sessional Paper No. 1/42-2121S.

Response to the oral question asked in the Senate on April 26, 2018 by the Honourable Senator Poirier, concerning the protection of whales — consultation.—Sessional Paper No. 1/42-2122S.

Response to the oral question asked in the Senate on May 3, 2018 by the Honourable Senator Poirier, concerning fishing regulations.—Sessional Paper No. 1/42-2123S.

Response to the oral question asked in the Senate on May 9, 2018 by the Honourable Senator Wallin, concerning income splitting.—Sessional Paper No. 1/42-2124S.

Orders of the Day

Government Business

Bills – Third Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Dean, seconded by the Honourable Senator Dupuis, for the third reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, as amended.

After debate,

In amendment, the Honourable Senator Tannas moved, seconded by the Honourable Senator Wells:

That Bill C-45, as amended, be not now read a third time, but that it be further amended, in clause 62, on page 36, by adding the following after line 7:

(2.1) The Minister must ensure that, at any given time, at least 20% of licences and permits authorizing the production of cannabis or any class of cannabis are issued in respect of cannabis or any class of cannabis produced on land owned by or under the jurisdiction of an aboriginal government as defined in subsection 2(1) of the Federal-Provincial Fiscal Arrangements Act.”.

After debate,

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBoisvenuCarignanDagenaisGriffinHousakosMacDonaldMaltaisMarshallMartinMcInnisMcIntyreMocklerNeufeldNgoOhPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukVernerWells—29

NAYS

The Honourable Senators

BellemareBernardBeyakBlack (Ontario)BonifaceBoveyBoyerChristmasCoolsCordyCoyleDawsonDayDeaconDeanDoyleDupuisDyckEggletonGagnéGalvezGoldGreeneHarderHartlingLankinLovelace NicholasMarwahMassicotteMcCallumMcPhedranMégieMercerMitchellMoncionMunsonPatePetitclercPratteRavaliaRinguetteSaint-GermainSinclairWetstonWoo—45

ABSTENTIONS

The Honourable Senators

DowneForestJoyalOmidvarWallin—5

The Senate resumed debate on the motion of the Honourable Senator Dean, seconded by the Honourable Senator Dupuis, for the third reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, as amended.

After debate,

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

That Bill C-45, as amended, be not now read a third time, but that it be further amended, on page 15, by adding the following after line 28:

“14.1 (1) It is prohibited for an individual who is 18 years of age or older to smoke, hold or otherwise have control over ignited cannabis in a dwelling-house when an individual who is under 16 years of age is present in the dwelling-house.

(2) Every individual who contravenes subsection (1) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both.”.

After debate,

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleHousakosMacDonaldMaltaisMarshallMartinMcInnisMcIntyreMocklerNeufeldNgoPattersonPlettPoirierSeidmanSmithTannasTkachukWells—26

NAYS

The Honourable Senators

BellemareBernardBlack (Ontario)BonifaceBoveyBoyerChristmasCoolsCordyCoyleDawsonDayDeaconDeanDowneDupuisDyckEggletonForestGagnéGalvezGoldGreeneHarderHartlingLankinLovelace NicholasMarwahMassicotteMcCallumMégieMercerMitchellMoncionOmidvarPatePetitclercPratteRinguetteSaint-GermainSinclairVernerWallinWetstonWoo—45

ABSTENTIONS

The Honourable Senators

DuffyRavaliaRichardsStewart Olsen—4

The Senate resumed debate on the motion of the Honourable Senator Dean, seconded by the Honourable Senator Dupuis, for the third reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, as amended.

After debate,

In amendment, the Honourable Senator Poirier moved, seconded by the Honourable Senator Marshall:

That Bill C-45, as amended, be not now read a third time, but that it be further amended

(a)by replacing “18” with “21”

(i)in clause 8, on page 7, in line 2,

(ii)in clause 9,

(A)on page 9, in line 16, and

(B)on page 10, in lines 7 and 13,

(iii)in clause 10, on page 11, in lines 10, 11, 18 and 25,

(iv)in clause 12, on page 13, in lines 13, 21 and 28,

(v)in clause 17, on page 18, in lines 18 and 33, and

(vi)in clause 32, on page 24, in line 15;

(b)by replacing “a young person” with “an individual who is 12 years of age or older but under 21 years of age”

(i)in clause 8, on page 7, in line 9, and

(ii)in clause 12, on page 14, in line 2;

(c)in clause 9, on page 9, by replacing line 14 with the following:

“than 30 g of dried cannabis if the individual is 21 years of age or older or to more than 5 g of dried cannabis if the individual is 18 years of age or older but under 21 years of age,”;

(d)in clause 12, on page 14, by replacing line 16 with the following:

“(4), (5), (6) and (7) or any organization that contravenes sub-”;

(e)in clause 32, on page 24,

(i)by replacing line 12 with the following:

“to sell a cannabis accessory to an individual who is under 21 years of age.”, and

(ii)by replacing line 14 with the following:

“that the accused believed that the individual referred”;

(f)in clause 51, on page 29, by replacing line 15 with the following:

“the contravention of any of paragraphs 8(1)(a), (b) and (c) or any of”;

(g)in clause 62, on page 37, by replacing line 11 with the following:

(i) an individual who is under 21 years of age,”; and

(h)in clause 69, on page 40, by replacing line 26 with the following:

(b) they may not sell cannabis to individuals who are under 21 years of age;”.

After debate,

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleDuffyGreeneHousakosMacDonaldMaltaisMarshallMartinMcInnisMcIntyreMocklerNeufeldNgoOhPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukWells—31

NAYS

The Honourable Senators

BellemareBlack (Ontario)BonifaceBoveyBoyerCampbellChristmasCoolsCordyCoyleDawsonDayDeaconDeanDowneDupuisDyckEggletonForestGagnéGalvezGoldGriffinHarderHartlingLankinLovelace NicholasMarwahMassicotteMcCallumMcPhedranMégieMercerMitchellMoncionMunsonOmidvarPatePetitclercPratteRavaliaRinguetteSaint-GermainSinclairWallinWetstonWoo—47

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Dean, seconded by the Honourable Senator Dupuis, for the third reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, as amended.

After debate,

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

That Bill C-45, as amended, be not now read a third time, but that it be further amended

(a)by replacing “18” with “19”

(i)in clause 8, on page 7, in line 2,

(ii)in clause 9,

(A)on page 9, in line 16, and

(B)on page 10, in lines 7 and 13,

(iii)in clause 10, on page 11, in lines 10, 11, 18 and 25,

(iv)in clause 12, on page 13, in lines 13, 21 and 28,

(v)in clause 17, on page 18, in lines 18 and 33, and

(vi)in clause 32, on page 24, in line 15;

(b)by replacing “a young person” with “an individual who is 12 years of age or older but under 19 years of age”

(i)in clause 8, on page 7, in line 9, and

(ii)in clause 12, on page 14, in line 2;

(c)in clause 9,

(i)in page 9, by replacing line 14 with the following:

“than 30 g of dried cannabis if the individual is 19 years of age or older or to more than 5 g of dried cannabis if the individual is 18 years of age,”, and

(ii)on page 11, by replacing subsection (5.1) (added by decision of the Senate on June 5, 2018) with the following:

(5.1) Despite paragraph (5)(a), a charge arising out of a contravention of subparagraph (1)(a)(ii), in respect of cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to 5 g or less of dried cannabis, is not to be prosecuted by indictment if the accused is less than two years older or less than one year younger than the individual referred to in that subparagraph.”;

(d)in clause 12, on page 14, by replacing line 16 with the following:

“(4), (5), (6) and (7) or any organization that contravenes sub-”;

(e)in clause 32, on page 24,

(i)by replacing line 12 with the following:

“to sell a cannabis accessory to an individual who is under 19 years of age.”, and

(ii)by replacing line 14 with the following:

“that the accused believed that the individual referred”;

(f)in clause 51, on page 29,

(i)by replacing line 15 with the following:

“the contravention of any of paragraphs 8(1)(a), (b) and (c) or any of”, and

(ii)by replacing paragraph (a.1) (added by decision of the Senate on June 5, 2018) with the following:

(a.1) proceedings in respect of an offence arising out of a contravention of subparagraph 9(1)(a)(ii), in respect of cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to 5 g or less of dried cannabis, if the accused is less than two years older or less than one year younger than the individual referred to in that subparagraph;”;

(g)in clause 62, on page 37, by replacing line 11 with the following:

(i) an individual who is under 19 years of age,”; and

(h)in clause 69, on page 40, by replacing line 26 with the following:

(b) they may not sell cannabis to individuals who are under 19 years of age;”.

After debate,

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleHousakosMacDonaldMaltaisMarshallMartinMcInnisMcIntyreMocklerNeufeldNgoOhPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukWells—29

NAYS

The Honourable Senators

BellemareBlack (Ontario)BonifaceBoveyBoyerCampbellChristmasCordyCoyleDawsonDayDeaconDeanDowneDuffyDupuisDyckEggletonForestGagnéGalvezGoldGreeneHarderHartlingLankinLovelace NicholasMarwahMcCallumMcPhedranMégieMercerMitchellMoncionMunsonOmidvarPatePetitclercPratteRavaliaRinguetteSaint-GermainSinclairVernerWallinWetstonWoo—47

ABSTENTION

The Honourable Senator

Griffin—1

The Senate resumed debate on the motion of the Honourable Senator Dean, seconded by the Honourable Senator Dupuis, for the third reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, as amended.

After debate,

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Mitchell, 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.

Bills – Second Reading

Orders No. 1 and 2 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 Ringuette, seconded by the Honourable Senator Cools, for the second reading of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential 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 Ringuette moved, seconded by the Honourable Senator Bovey, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

o o o

Order No. 4 was called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 12 and 13, and 15 to 18 were called and postponed until the next sitting.

Motions

Orders No. 1 and 193 were called and postponed until the next sitting.

Inquiries

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

ADJOURNMENT

At 8:25 p.m., pursuant to the orders adopted by the Senate on February 4, 2016, and on May 29, 2018, the Senate adjourned until 1:30 p.m., tomorrow.

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

Summaries of the Corporate Plan for 2017-18 to 2021-22 and of the Operating and Capital Budgets for 2017-18 of the Canadian Museum of History, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-2117.

Summaries of the Corporate Plan for 2018-19 to 2022-23 and of the Operating and Capital Budgets, and Borrowing Plan for 2018-19 of the Canada Deposit Insurance Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-2118.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Marwah replaced the Honourable Senator Woo (June 6, 2018).

Standing Senate Committee on Human Rights

The Honourable Senator Omidvar replaced the Honourable Senator Brazeau (June 6, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Forest replaced the Honourable Senator Pratte (June 6, 2018).