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68 Elizabeth II , A.D. 2019, Canada

1st Session, 42nd Parliament

Issue 289 (Unrevised)

Wednesday, May 15, 2019
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAndreychukAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)DowneDoyleDuffyDuncanDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalKlyneKutcherLaBoucane-BensonLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAndreychukAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)DowneDoyleDuffyDuncanDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalKlyneKutcherLaBoucane-BensonLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart 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

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Boniface presented the following:

Wednesday, May 15, 2019

The Standing Senate Committee on National Security and Defence has the honour to present its

TWENTY-SECOND REPORT

Your committee, to which was referred Bill C-59, An Act respecting national security matters, has, in obedience to the order of reference of December 11, 2018, examined the said bill and now reports the same with the following amendments:

1.Clause 50, page 50: Add the following after line 35:

13.1 If the Commissioner determines that the conclusions referred to in section 13 are not reasonable in respect of an authorization but would be reasonable if a specific condition were added to that authorization, the Commissioner may

(a) refer the matter back to the appropriate minister for reconsideration; and

(b) provide that minister with a description of the condition that would have to be added to the authorization in order to make the conclusions reasonable.”.

2.Clause 143, page 139: Replace lines 26 and 27 with the following:

“whether or not

(a) a terrorism offence is committed by the person counselled;

(b) the accused counsels a particular person to carry out the terrorist activity;

(c) the accused knows the identity of the person whom the accused counsels to carry out the terrorist activity; or

(d) the person whom the accused counsels to carry out the terrorist activity knows that it is a terrorist activity.”.

3. Clause 168, page 146:

(a) Replace line 1 with the following:

168 (1) During the fourth year after this section”; and

(b) add the following after line 7:

(1.1) The comprehensive review referred to in subsection (1) must include an assessment of the effect of this Act on the operations of the Canadian Security Intelligence Service, the Royal Canadian Mounted Police and the Communications Security Establishment that relate to national security, information sharing, and the interaction of those organizations with the National Security and Intelligence Review Agency, the Intelligence Commissioner and the National Security and Intelligence Committee of Parliamentarians.”.

4.New schedule, page 148: Add the following after line 6:

SCHEDULE

(Section 49.1)

SCHEDULE

(Section 4)

Deputy Heads to Whom Directions Have Been Issued”.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

GWEN BONIFACE

Chair

Observations to the twenty-second report of the Standing Senate Committee on National Security and Defence (Bill C-59)

1. The government should change the National Security and Intelligence Review Agency (NSIRA)’s name in French, replacing “Office de surveillance” with “Office d’examen” in order to more-accurately reflect its mandate.

2. The government should consider what role, if any, the Intelligence Commissioner might play in the process of reviewing the ministers’ authorizations of the Communications Security Establishment’s active and defensive cyberoperations.

3. To provide greater clarity and direction, the responsible minister should issue written, public guidance to CSE and CSIS on the interpretation of what constitutes “publicly available” information or datasets, including whether or not illegally released (hacked) information is to be considered “publicly available”.

4. The government should review what role the Privacy Commissioner might play in the context of reviews by NSIRA and the National Security and Intelligence Committee of Parliamentarians (NSICOP).

5. The Committee observes that although Bill C-59 authorizes the Privacy Commissioner to share confidential information with NSIRA, it is silent with respect to NSICOP.  Therefore, the Committee invites the government to authorize the Privacy Commissioner to share confidential information with NSICOP.

6. The government should provide special advocates to represent individuals in appeals under the Secure Air Travel Act (SATA).

7. The committee invites the government to evaluate whether existing provisions of the law are adequate to address the presence of online terrorist propaganda and violent extremist content, and whether law enforcement, national security, and intelligence agencies have sufficient tools to address the potential harms caused by such content.

8. Prior to the review set out in section 168(1), the Senate should, on its own initiative, undertake a study of the unique challenges surrounding terrorism and other national security prosecutions, including, but not limited to, the operational and legal challenges of converting intelligence to evidence and the respective jurisdictions of the Federal Court and trial courts in deciding disclosure of sensitive evidence.

9. The government should develop and distribute investigative and prosecutorial guidelines describing what constitutes the offence of counselling commission of a terrorism offence under section 83.221 of the Criminal Code and best practices on successfully obtaining a prosecution.

10. CSIS threat reduction activity should be reviewed by NSIRA with its findings reported annually to NSICOP.

The Honourable Senator Boniface moved, seconded by the Honourable Senator Deacon (Nova Scotia), 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.

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 March 21, 2019 by the Honourable Senator Dupuis, concerning copyrighted material.—Sessional Paper No. 1/42-3024S.

o o o

Pursuant to rule 4-10(2), the Honourable Senator Harder, P.C., tabled the following:

Reply to Question No. 89, dated May 10, 2018, appearing on the Order Paper and Notice Paper in the name of former senator the Honourable Nancy Greene Raine, respecting the Foreign Tour and Convention Incentive Program – Finance Canada.—Sessional Paper No. 1/42-3025S.

Reply to Question No. 89, dated May 10, 2018, appearing on the Order Paper and Notice Paper in the name of former senator the Honourable Nancy Greene Raine, respecting the Foreign Tour and Convention Incentive Program – Tourism, Official Languages and la Francophonie.—Sessional Paper No. 1/42-3026S.

Reply to Question No. 89, dated May 10, 2018, appearing on the Order Paper and Notice Paper in the name of former senator the Honourable Nancy Greene Raine, respecting the Foreign Tour and Convention Incentive Program – Canada Revenue Agency.—Sessional Paper No. 1/42-3027S.

Reply to Question No. 120, dated March 18, 2019, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Boisvenu, respecting the number of cannabis points of sale shut down by the RCMP.—Sessional Paper No. 1/42-3028S.

Reply to Question No. 123, dated March 18, 2019, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Boisvenu, respecting complaints related to the Victims Bill of Rights.—Sessional Paper No. 1/42-3029S.

Reply to Question No. 125, dated March 21, 2019, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting Canada Revenue Agency spending – tax evasion.—Sessional Paper No. 1/42-3030S.

Reply to Question No. 127, dated April 3, 2019, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Boisvenu, respecting the RCMP C Division – positions by language.—Sessional Paper No. 1/42-3031S.

Reply to Question No. 128, dated April 3, 2019, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Boisvenu, respecting crude oil exports.—Sessional Paper No. 1/42-3032S.

Orders of the Day

Government Business

Bills – Messages from the House of Commons

Consideration of the message from the House of Commons concerning Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act:

Monday, May 13, 2019

ORDERED,—That a Message be sent to the Senate to acquaint their Honours that, in relation to Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act, the House proposes that amendment 1 be amended by replacing the text of the amendment with the following text:

“(4) If an order is made under subsection (2), the Minister shall publish, in any manner that the Minister considers appropriate, a report

(a) indicating the area of the sea designated in the order;

(b) summarizing the consultations undertaken prior to making the order; and

(c) summarizing the information that the Minister considered when making the order, which may include environmental, social, cultural or economic information.”.

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

That the Senate agree to the amendment the House of Commons made to Senate amendment 1 to Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act; and

That a message be sent to the House of Commons to acquaint that house accordingly.

After debate,

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

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

Bills – Second Reading

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

o o o

Ordered, That consideration of Order No. 3 be postponed until the next sitting of the Senate.

Reports of Committees – Other

Orders No. 22 to 28, and 33 and 34 were called and postponed until the next sitting.

Motions

Orders No. 1 and 246 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

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

Senate Public Bills – Third Reading

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

Commons Public Bills – Third Reading

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

Private Bills – Third Reading

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

Senate Public Bills – Reports of Committees

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

Senate Public Bills – Second Reading

Orders No. 1 to 11 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1 to 11 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1, 5 to 7, 50, 100 to 102, 104 and 105, 107, 110, 114 and 117 were called and postponed until the next sitting.

Motions

Orders No. 73, 89, 189, 215, 302, 310, 325, 357 and 358, and 371 were called and postponed until the next sitting.

o o o

Order No. 407 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

Orders No. 410, 439, 468 and 470 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Pratte, seconded by the Honourable Senator Marwah:

That a Special Committee on Prosecutorial Independence be appointed to examine and report on the independence of the Public Prosecution Service of Canada and of the Attorney General of Canada;

That the committee be composed of six senators from the Independent Senators Group, three Conservative senators and one Independent Liberal senator, to be nominated by the Committee of Selection, and that four members constitute a quorum;

That the committee examine and report on the separation of the functions of the Minister of Justice and those of the Attorney General of Canada, and on other initiatives that promote the integrity of the administration of justice;

That the committee also examine and report on remediation agreements as provided by PART XXII.1 of the Criminal Code, in particular, the appropriate interpretation of the national economic interest mentioned in subsection 715.32(3) of the Criminal Code;

That the committee have the power to send for persons, papers and records; to examine witnesses; and to publish such papers and evidence from day to day as may be ordered by the committee;

That, notwithstanding rule 12-18(1), the committee be authorized to meet even though the Senate may then be sitting;

That, notwithstanding rule 12-18(2)(b)(i), the committee have the power to meet from Monday to Friday, even though the Senate may then be adjourned for a period exceeding one week; and

That the committee be empowered to report from time to time and submit its final report no later than June 1, 2019, and retain all powers necessary to publicize its findings until 30 days after the tabling of the final report.

And on the motion in amendment of the Honourable Senator Plett, seconded by the Honourable Senator Wells:

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

1.Replacing the words “a Special Committee on Prosecutorial Independence be appointed” with the words “the Standing Senate Committee on Legal and Constitutional Affairs be authorized”;

2.Deleting the paragraph beginning with the words “That the committee be composed of six senators”;

3.Deleting the paragraph beginning with the words “That the committee have the power to send for persons”; and

4.Deleting the words “be empowered to report from time to time and”.

A point of order was raised with respect to the receivability of the motion in amendment.

After debate,

The Speaker reserved his decision.

o o o

Orders No. 476 and 478 were called and postponed until the next sitting.

Inquiries

Orders No. 12, 20, 26, 36, 39 and 40, 47, 52 and 54 to 59 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Moodie, calling the attention of the Senate to the issue of vaccine hesitancy and corresponding threats to public health in Canada.

After debate,

The Honourable Senator Omidvar moved, for the Honourable Senator Ravalia, seconded by the Honourable Senator Bovey, that further debate on the inquiry be adjourned until the next sitting.

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


At 4 p.m., pursuant to rule 9-10(7) and the orders adopted on February 4, 2016, and May 9, 2019, the sitting was suspended until 5:15 p.m.

The sitting resumed.

DEFERRED VOTES

At 5:30 p.m., pursuant to rule 9-10(2), the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Richards, to the motion of the Honourable Senator Pratte, seconded by the Honourable Senator Wetston, for the third reading of Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms.

The question being put on the motion in amendment of the Honourable Senator Richards, seconded by the Honourable Senator Seidman:

That Bill C-71 be not now read a third time, but that it be amended in clause 4, on page 7, by adding the following after line 31:

(2.4) An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6.1) must, if the licence is renewed, be authorized to transport them within the individual’s province of residence

(a) to and from any place a peace officer, firearms officer or chief firearms officer is located, for registration, verification or disposal in accordance with this Act or Part III of the Criminal Code;

(b) to and from a business that holds a licence authorizing it to repair or appraise prohibited firearms or restricted firearms;

(c) to and from a gun show; and

(d) to a port of exit in order to take them outside Canada, and from a port of entry.”.

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBlack (Alberta)BoisvenuCarignanDagenaisDuffyEatonFrumGreeneGriffinHousakosMacDonaldManningMarshallMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukVernerWallinWellsWhite—35

NAYS

The Honourable Senators

BellemareBernardBlack (Ontario)BoehmBonifaceBoveyBussonCampbellChristmasCordyCormierCoyleDalphondDaskoDawsonDayDeacon (Nova Scotia)DowneDuncanDupuisDyckForestForest-NiesingFrancisGagnéGalvezGoldHarderJoyalKlyneKutcherLaBoucane-BensonLovelace NicholasMarwahMassicotteMcCallumMcPhedranMégieMitchellMiville-DechêneMoncionMoodieMunsonOmidvarPatePetitclercPratteRavaliaRinguetteSaint-GermainSimonsSinclairWetstonWoo—54

ABSTENTIONS

The Honourable Senators

Nil

Government Business

Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Pratte, seconded by the Honourable Senator Wetston, for the third reading of Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms.

After debate,

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

That Bill C-71 be not now read a third time, but that it be amended

(a)on page 1, in clause 1, by replacing lines 4 to 9 with the following:

1 Section 2 of the Firearms Act is amended by adding the”;

(b)on page 11, by deleting clause 16; and

(c)on page 12,

(i)by deleting clauses 18 to 21, and

(ii)in clause 22, by replacing lines 21 and 22 with the following:

22 (1) Subsections 3(2) and 4(2) come into force on a day”.

After debate,

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.

ADJOURNMENT

At 6:32 p.m., pursuant to the orders adopted by the Senate on February 4, 2016, and May 9, 2019, 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 Office of the Administrator of the Ship-source Oil Pollution Fund, together with the Auditors’ Report, for the fiscal year ended March 31, 2019, pursuant to the Marine Liability Act, S.C. 2001, c. 6, s. 121.—Sessional Paper No. 1/42-3023.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Klyne replaced the Honourable Senator Christmas (May 15, 2019).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Cormier replaced the Honourable Senator Miville-Dechêne (May 15, 2019).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Duncan replaced the Honourable Senator Ringuette (May 15, 2019).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Bovey replaced the Honourable Senator Christmas (May 15, 2019).

The Honourable Senator Ravalia replaced the Honourable Senator Bovey (May 15, 2019).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Busson replaced the Honourable Senator Boehm (May 15, 2019).

The Honourable Senator Dean replaced the Honourable Senator Cormier (May 15, 2019).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Frum replaced the Honourable Senator Carignan, P.C. (May 15, 2019).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Forest replaced the Honourable Senator Pratte (May 15, 2019).

Standing Senate Committee on National Finance

The Honourable Senator Black (Ontario) replaced the Honourable Senator Deacon (Ontario) (May 15, 2019).

The Honourable Senator Deacon (Ontario) replaced the Honourable Senator Black (Ontario) (May 15, 2019).

The Honourable Senator Black (Ontario) replaced the Honourable Senator Deacon (Ontario) (May 15, 2019).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Ravalia replaced the Honourable Senator Dasko (May 15, 2019).

Standing Senate Committee on Transport and Communications

The Honourable Senator Patterson replaced the Honourable Senator Boisvenu (May 14, 2019).