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68 Elizabeth II , A.D. 2019, Canada

1st Session, 42nd Parliament

Issue 278 (Unrevised)

Tuesday, April 9, 2019
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAndreychukBattersBellemareBeyakBlack (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBussonChristmasCormierCoyleDalphondDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckEatonForestForest-NiesingFureyGagnéGoldGreeneGriffinHarderHousakosJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMoncionMoodieMunsonNgoOhOmidvarPatePetitclercPlettPoirierPratteRinguetteSeidmanSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAndreychukBattersBellemareBeyak*Black (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBusson*CarignanChristmas*CordyCormierCoyle*DagenaisDalphondDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckEatonForestForest-NiesingFureyGagné*GalvezGoldGreeneGriffinHarderHousakosJoyalKlyneKutcherLaBoucane-BensonLankinLovelace Nicholas*MacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-Dechêne*MocklerMoncionMoodieMunson*NeufeldNgoOhOmidvarPate*PattersonPetitclercPlettPoirierPratte*RichardsRinguette*Saint-GermainSeidman*SimonsSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

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

Pursuant to rule 13-3(4), the Honourable Senator Plett gave notice that he would raise a question of privilege concerning the leak of a confidential agreement.

o o o

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Office of the Parliamentary Budget Officer, entitled Infrastructure Update: Investments in the Territories, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/42-2920.

o o o

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

Annual Report of the National Security and Intelligence Committee of Parliamentarians for the year 2018, (revised version pursuant to subsection 21(5) of the National Security and Intelligence Committee of Parliamentarians Act), pursuant to the Act, S.C. 2017, c. 15, sbs. 21(2).—Sessional Paper No. 1/42-2921.

Presenting or Tabling Reports from Committees

The Honourable Senator Petitclerc presented the following:

Tuesday, April 9, 2019

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

THIRTY-THIRD REPORT

Your committee, to which was referred Bill S-252, Voluntary Blood Donations Act (An Act to amend the Blood Regulations), has, in obedience to the order of reference of October 25, 2018, examined the said bill and now reports as follows.

Between 5 December 2018 and 21 March 2019, your committee studied this bill. It heard from 16 witnesses over the course of seven meetings. Bill S-252 contains a single clause which would prohibit blood collectors from providing payment to blood donors.

In addition to the sponsor of the bill, the Honourable Senator Pamela Wallin, your committee heard from individual and allied patient groups, experts in blood safety and supply, health care professional organizations, employee representative organizations, Canadian for-profit plasma collection companies and Canada’s two blood agencies, Canadian Blood Services and Héma-Québec.

Members applaud Senator Wallin for the effort and energy that has been put into developing this bill and agree that the sustainability of Canada’s blood supply must be protected. They empathize with the view that all blood donations, whether they be for whole blood or blood constituents, should be made voluntarily and without compensation.

However, your committee recommends that this bill not proceed further in the Senate for the reasons that follow.

Members heard contradictory testimony on several complex and technical issues. Such issues include the safety of donations; the security of the plasma supply; the ethics of compensation to donors; the self-sufficiency of plasma supply in other countries and whether that has been achieved solely with voluntary donations; and whether “voluntary” donations in other countries would be considered as being remunerated under the current wording of the bill, etc.

Members are also concerned about whether the bill should include definitions of some terms and whether the issue of compensation for plasma donation falls within federal jurisdiction. As well, some members question why the bill would exempt any organization from the prohibition on remuneration for plasma donation.

Your committee appreciates the sincerity with which witnesses presented their views on this bill and it has struggled with the complexity of the issues involved. Members of your committee concur that Bill S-252, An Act to amend the Blood Regulations, proposes a regulatory change that is overly simple for a complex issue and has the potential of resulting in unintended consequences.

Respectfully submitted,

CHANTAL PETITCLERC

Chair

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

Introduction and First Reading of Senate Public Bills

The Honourable Senator Joyal, P.C., introduced Bill S-260, An Act to amend the Criminal Code (Conversion Therapy).

The bill was read the first time.

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Day, 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.

Notices of Motions

With leave of the Senate,

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Day:

That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to meet on Wednesday, April 10, 2019, at 3:15 p.m., even though the Senate may then be sitting, and that the application of rule 12-18(1) be suspended in relation thereto.

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

Orders of the Day

Government Business

Bills – Reports of Committees

Consideration of the twelfth report of the Standing Senate Committee on Fisheries and Oceans (Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act, with an amendment), presented in the Senate on April 4, 2019.

The Honourable Senator Manning moved, seconded by the Honourable Senator Plett, that the report be adopted.

After debate,

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

The Honourable Senator Manning moved, seconded by the Honourable Senator Plett, that the bill, as amended, 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.

Bills – Second Reading

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

Reports of Committees – Other

Orders No. 22 to 28 were called and postponed until the next sitting.

Motions

Orders No. 1, 246 and 251 were called and postponed until the next sitting.

Inquiries

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

Other Business

Bills – Messages from the House of Commons

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

Senate Public Bills – Third Reading

Ordered, That consideration of Order No. 1 be postponed until the next sitting of the Senate.

o o o

Order No. 2 was called and postponed until the next sitting.

Commons Public Bills – Third Reading

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

o o o

Third reading of Bill C-376, An Act to designate the month of April as Sikh Heritage Month.

The Honourable Senator Marwah moved, seconded by the Honourable Senator Wetston, that the bill be read for a third 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.

Private Bills – Third Reading

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

Senate Public 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 Wetston, seconded by the Honourable Senator Marwah, for the second reading of Bill S-250, An Act to amend the Criminal Code (interception of private communications).

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.

o o o

Orders No. 3 to 8 were called and postponed until the next sitting.

o o o

Second reading of Bill S-259, An Act respecting the repurposing of certain seized, frozen or sequestrated assets.

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Gold, 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.

Commons Public Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Pratte, for the second reading of Bill C-262, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples.

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

The question was put on the motion.

Pursuant to rule 9-3, a standing vote was requested, with the bells to ring for sixty minutes, to be interrupted for Question Period at 3:30 p.m., pursuant to the order of April 4, 2019.

Question Period

Pursuant to the order adopted on April 4, 2019, at 3:30 p.m. the Senate proceeded to Question Period.


The bells resumed.

Commons Public Bills – Second Reading

The question being put on the motion by the Honourable Senator Smith, seconded by the Honourable Senator Martin, that further debate on the motion for second reading of Bill C-262 be adjourned until the next sitting, it was negatived on the following vote:

YEAS

The Honourable Senators

BattersBeyakBoisvenuDoyleEatonManningMarshallMartinMcInnisMcIntyrePlettPoirierSeidmanSmithStewart OlsenTkachukWellsWhite—18

NAYS

The Honourable Senators

AndersonBellemareBlack (Ontario)BoehmBonifaceBoveyBoyerBussonChristmasCormierCoyleDalphondDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDupuisDyckForestForest-NiesingGagnéGoldGriffinHarderKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMarwahMcCallumMcPhedranMégieMitchellMiville-DechêneMoncionMoodieMunsonOmidvarPatePetitclercPratteRinguetteSinclairVernerWallinWetstonWoo—51

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Pratte, for the second reading of Bill C-262, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples.

The Honourable Senator Plett moved, seconded by the Honourable Senator Wells:

That the Senate do now adjourn.

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

YEAS

The Honourable Senators

AndreychukBattersBellemareBeyakBoisvenuDoyleEatonGagnéHarderHousakosMarshallMartinMcIntyreMitchellNgoPlettSeidmanSmithStewart OlsenTannasTkachukVernerWells—23

NAYS

The Honourable Senators

AndersonBlack (Ontario)BonifaceBoveyBoyerCormierDalphondDeacon (Nova Scotia)DeanDuncanDupuisDyckForestForest-NiesingGoldGriffinKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMcCallumMégieMiville-DechêneMoncionMoodieMunsonOmidvarPatePetitclercPratteRinguetteSinclairWetstonWoo—35

ABSTENTIONS

The Honourable Senators

Nil


Pursuant to rule 3-3(1), the Speaker left the Chair to resume the same at 8 p.m.

The sitting resumed.

QUESTION OF PRIVILEGE

Pursuant to rule 13-5(1), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Plett concerning the leak of a confidential agreement.

After debate,

The Speaker reserved his decision.

Commons Public Bills – Second Reading

The Senate resumed debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Pratte, for the second reading of Bill C-262, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples.

The Honourable Senator Woo moved, seconded by the Honourable Senator Gold:

That the Senate do now adjourn.

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

(Accordingly, at 9:02 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)

Report of the Governor of the Bank of Canada and Statement of Accounts, together with the Auditors’ Report, for the year ended December 31, 2018, pursuant to the Bank of Canada Act, R.S.C. 1985, c. B-2, sbs. 30(3).—Sessional Paper No. 1/42-2916.

Summaries of the Corporate Plan for the period 2018-19 to 2022-23 of the Freshwater Fish Marketing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-2917.

Summaries of the Corporate Plan for the period 2018-19 to 2022-23 and of the Operating and Capital Budgets for 2018-19 to 2022-23 of The Jacques Cartier and Champlain Bridges Incorporated, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-2918.

Summary of the Corporate Plan for the period 2018-19 to 2022-23 of Marine Atlantic Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-2919.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Sinclair replaced the Honourable Senator McCallum (April 9, 2019).

The Honourable Senator Griffin replaced the Honourable Senator Busson (April 9, 2019).

The Honourable Senator Busson replaced the Honourable Senator Francis (April 8, 2019).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Kutcher replaced the Honourable Senator Gold (April 9, 2019).

The Honourable Senator Gold replaced the Honourable Senator Kutcher (April 5, 2019).

The Honourable Senator Plett was added to the membership (April 4, 2019).

The Honourable Senator Maltais was removed from the membership of the committee, substitution pending (April 4, 2019).

Special Senate Committee on the Charitable Sector

The Honourable Senator Maltais replaced the Honourable Senator Doyle (April 9, 2019).

The Honourable Senator Doyle replaced the Honourable Senator Maltais (April 8, 2019).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Black (Alberta) replaced the Honourable Senator LaBoucane-Benson (April 9, 2019).

The Honourable Senator McCallum replaced the Honourable Senator Duncan (April 9, 2019).

The Honourable Senator Duncan replaced the Honourable Senator McCallum (April 8, 2019).

The Honourable Senator Carignan, P.C., replaced the Honourable Senator Maltais (April 5, 2019).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Duffy replaced the Honourable Senator Francis (April 9, 2019).

The Honourable Senator Plett replaced the Honourable Senator McIntyre (April 5, 2019).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Tannas replaced the Honourable Senator Ataullahjan (April 8, 2019).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Frum replaced the Honourable Senator Tkachuk (April 8, 2019).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Smith replaced the Honourable Senator Carignan, P.C. (April 8, 2019).

Standing Senate Committee on National Security and Defence

The Honourable Senator Stewart Olsen replaced the Honourable Senator Plett (April 9, 2019).

The Honourable Senator McPhedran replaced the Honourable Senator Busson (April 9, 2019).

The Honourable Senator Dagenais replaced the Honourable Senator Wells (April 9, 2019).

The Honourable Senator Busson replaced the Honourable Senator McPhedran (April 8, 2019).

The Honourable Senator Wells replaced the Honourable Senator Dagenais (April 5, 2019).

Standing Senate Committee on Transport and Communications

The Honourable Senator Seidman replaced the Honourable Senator Stewart Olsen (April 9, 2019).

The Honourable Senator Busson replaced the Honourable Senator Moncion (April 9, 2019).

The Honourable Senator Galvez replaced the Honourable Senator Mégie (April 9, 2019).

The Honourable Senator Moncion replaced the Honourable Senator Simons (April 8, 2019).

The Honourable Senator Mégie replaced the Honourable Senator Galvez (April 8, 2019).

The Honourable Senator Stewart Olsen replaced the Honourable Senator MacDonald (April 8, 2019).