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67 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 217 (Unrevised)

Thursday, June 7, 2018
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Ontario)BoisvenuBonifaceBoveyBoyerCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeaconDeanDemersDowneDoyleDupuisDyckEatonEggletonForestFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Ontario)BoisvenuBonifaceBoveyBoyerCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeaconDeanDemersDowneDoyleDupuisDyckEatonEggletonForestFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWoo

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

INTRODUCTION OF SENATORS

The Honourable the Speaker informed the Senate that the Clerk of the Senate had received certificates from the Registrar General of Canada showing that:

Donna Dasko, and

The Honourable Pierre J. Dalphond,

respectively, had been summoned to the Senate.

The Honourable the Speaker informed the Senate that there were senators without waiting to be introduced.

The Honourable Senator Dasko was introduced between the Honourable Senator Harder, P.C., and the Honourable Senator Omidvar, and having presented Her Majesty’s Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

Julie Payette

(G.S.)

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO

Our Trusty and Well-beloved,

DONNA DASKO

of the City of Toronto, in the Province of Ontario,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

Our Right Trusty and Well-beloved Julie Payette, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this sixth day of June in the year of Our Lord two thousand and eighteen and in the sixty-seventh year of Our Reign.

BY COMMAND,

N. BAINS

Registrar General of Canada

The Honourable Senator Dasko came to the table and took and subscribed the oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a member of the Senate.

o o o

The Honourable Senator Dalphond was introduced between the Honourable Senator Harder, P.C., and the Honourable Senator Sinclair, and having presented Her Majesty’s Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

Julie Payette

(G.S.)

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO

Our Trusty and Well-beloved,

The Honourable

PIERRE J. DALPHOND

of the City of Montréal, in the Province of Quebec,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada and We do appoint you for the division of De Lorimier in Our Province of Quebec.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

Our Right Trusty and Well-beloved Julie Payette, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this sixth day of June in the year of Our Lord two thousand and eighteen and in the sixty-seventh year of Our Reign.

BY COMMAND,

N. BAINS

Registrar General of Canada

The Honourable Senator Dalphond came to the table and took and subscribed the oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a member of the Senate.

o o o

The Honourable the Speaker informed the Senate that the honourable senators introduced today had made and subscribed the Declaration of Qualification required of them by the Constitution Act, 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.

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 Commissioner of Lobbying of Canada for the fiscal year ended March 31, 2018, pursuant to the Lobbying Act, R.S.C. 1985, c. 44 (4th Supp.), s. 11.—Sessional Paper No. 1/42-2126.

Annual Reports of the Office of the Commissioner of Lobbying of Canada for the period ended March 31, 2018, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, s. 72.—Sessional Paper No. 1/42-2127.

Annual Report of the Information Commissioner of Canada for the period ended March 31, 2018, pursuant to the Access to Information Act, R.S.C., 1985, c. A-1, s. 38.—Sessional Paper No. 1/42-2128.

Presenting or Tabling Reports from Committees

The Honourable Senator Bernard presented the following:

Thursday, June 7, 2018

The Standing Senate Committee on Human Rights has the honour to present its

TWELFTH REPORT

Your committee, to which was referred Bill S-240, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs), has, in obedience to the order of reference of April 17, 2018, examined the said bill and now reports the same with the following amendment:

1.Clause 2, page 2:

(a)Replace line 1 with the following:

(a) obtains an organ to be transplanted into”;

(b)replace line 8 with the following:

“moval of an organ from the body of another”;

(c)replace line 14 with the following:

“tion with a person who removes an organ”;

(d)add the following after line 18:

(1.1) For the purpose of this section, informed consent means consent that is given by a person capable of making decisions with respect to health matters and with knowledge and understanding of all material facts, including the nature of the organ removal procedure, the risks involved and the potential side effects.”;

(e)replace line 20 with the following:

“pates in or facilitates the obtaining of an organ”;

(f)replace line 22 with the following:

“ing that organ transplanted into their body or”; and

(g)replace line 28 with the following:

“imprisonment for a term of not more than 14 years.

240.2 A medical practitioner as defined in section 241.1 who treats a person in relation to an organ transplant must, as soon as reasonably practicable, report to the authority designated by order of the Governor in Council for that purpose the name of that person, if known, and the fact that the person has received an organ transplant.”.

Respectfully submitted,

WANDA ELAINE THOMAS BERNARD

Chair

The Honourable Senator Bernard moved, seconded by the Honourable Senator Forest, 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 thirteenth report of the committee (Supplementary budget—study on the issues relating to the human rights of prisoners in the correctional system).

(The report is printed as an appendix at pages 3628-3637 (available in print format PDF).)

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

The Honourable Senator Bernard moved, seconded by the Honourable Senator Forest, 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, tabled the fourteenth report of the committee, entitled Promoting Human Rights - Canada’s Approach to its Export Sector.—Sessional Paper No. 1/42-2129S.

The Honourable Senator Bernard moved, seconded by the Honourable Senator Forest, 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.

Notices of Motions

With leave of the Senate,

The Honourable Senator Bernard moved, seconded by the Honourable Senator Forest:

That, until Wednesday, June 20, 2018, for the purposes of its consideration of government bills, the Standing Senate Committee on Human Rights:

(a)be authorized to meet even though the Senate may then be sitting, with the application of rule 12-18(1) being suspended in relation thereto; and

(b) be authorized, notwithstanding rule 12-18(2), to meet from Monday to Friday, even though the Senate may be then be adjourned for more than a day but less than a week.

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

Orders of the Day

Government Business

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Hartling, seconded by the Honourable Senator Wetston, for the second reading of Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1.

After debate,

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

The bill was then read the second time.

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

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

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

That Bill C-45, as amended, be not now read a third time, but that it be further amended on page 91 by replacing clause 151.3 (added by decision of the Senate on May 30, 2018) with the following:

151.3 (1) Five years after this section comes into force, a committee of the Senate and a committee of the House of Commons are to be designated or established for the purpose of reviewing this Act.

(2) The committees designated or established for the purpose of subsection (1) must undertake a comprehensive review of the administration and operation of this Act and must, within a reasonable period after the review, cause a report on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.”.

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

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.

Debate.

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons with Bill C-74, An Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, 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 Bellemare, 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.

Bills – Third Reading

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

YEAS

The Honourable Senators

BellemareBernardBlack (Ontario)BonifaceBoveyBoyerCampbellChristmasCordyCormierCoyleDalphondDaskoDawsonDayDeaconDeanDowneDupuisDyckEggletonForestFureyGagnéGalvezGoldGreeneGriffinHarderHartlingJafferJoyalLankinLovelace NicholasMarwahMassicotteMcCallumMcCoyMcPhedranMégieMercerMitchellMoncionMunsonOmidvarPatePetitclercPratteRavaliaRichardsRinguetteSaint-GermainSinclairWallinWetstonWoo—56

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNeufeldNgoOhPattersonPlettPoirierSeidmanSmithStewart OlsenTkachukUngerVernerWells—30

ABSTENTION

The Honourable Senator

Cools—1

Accordingly, Bill C-45, as amended, was read a 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 with certain amendments, to which it desires its concurrence.


With leave,

The Senate reverted to Government Notices of Motions.

Ordered, That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, June 11, 2018, at 6 p.m.;

That committees of the Senate scheduled to meet on that day be authorized to sit even though the Senate may then be sitting and that rule 12-18(1) be suspended in relation thereto; and

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

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 9:11 p.m., the Senate was continued until Monday, June 11, 2018, at 6 p.m.)

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

Copy of the Regulations amending the Special Economic Measures (Venezuela) Regulations (P.C. 2018-608), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/42-2125.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Woo replaced the Honourable Senator Marwah (June 7, 2018).