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68 Elizabeth II , A.D. 2019, Canada

1st Session, 42nd Parliament

Issue 290 (Unrevised)

Thursday, May 16, 2019
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAndreychukBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanCordyCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)DeanDowneDuffyDuncanDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalKlyneKutcherLaBoucane-BensonLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMitchellMiville-DechêneMocklerMoncionMoodieMunsonNgoOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAndreychukBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanCordyCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)DeanDowneDuffyDuncanDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalKlyneKutcherLaBoucane-BensonLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMitchellMiville-DechêneMocklerMoncionMoodieMunsonNgo*OhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart 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

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Office of the Parliamentary Budget Officer entitled Costs Associated with Replacing the Federal Pay System, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/42-3034.

Presenting or Tabling Reports from Committees

The Honourable Senator Marwah presented the following:

Thursday, May 16, 2019

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

FORTY-FIRST REPORT

Your committee recommends that the following funds be released for fiscal year 2019-20.

Scrutiny of Regulations (Joint)

General Expenses $ 2,250
Total $ 2,250

Respectfully submitted,

SABI MARWAH

Chair

The Honourable Senator Marwah moved, seconded by the Honourable Senator Sinclair, 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 Tkachuk, Chair of the Standing Senate Committee on Transport and Communications, tabled the sixteenth report of the committee, entitled Unauthorized disclosure of confidential committee documents.—Sessional Paper No. 1/42-3035S.

o o o

The Honourable Senator Boniface, Chair of the Standing Senate Committee on National Security and Defence, tabled the twenty-third report (interim) of the committee, entitled Sexual Harassment and Violence in the Canadian Armed Forces.—Sessional Paper No. 1/42-3036S.

The Honourable Senator Boniface moved, seconded by the Honourable Senator Gagné, 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 Patterson, Chair of the Special Committee on the Arctic, presented the third report of the committee (Budget—consider the significant and rapid changes to the Arctic and the impacts on original inhabitants).

(The report is printed as Appendix A at pages 4781-4787 (available in print format PDF).)

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

The Honourable Senator Patterson moved, seconded by the Honourable Senator Boisvenu, that the report be placed on the Orders of the Day for consideration two days hence.

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 eighteenth report of the committee (Supplementary budget—examination of federal government’s constitutional and legal responsibilities to Aboriginal Peoples—power to hire staff).

(The report is printed as Appendix B at pages 4788-4793 (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 Cordy, 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.

Tabling of Petitions

The Honourable Senator Sinclair tabled the following petition:

Of residents of Ontario concerning Bill C-262.—Sessional Paper No. 1/42-3037S.

Question Period

The Senate proceeded to Question Period.

QUESTION OF PRIVILEGE

Pursuant to rule 13-4, the Honourable Senator Patterson raised a question of privilege concerning language used in social media.

Pursuant to rule 13-5(2), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Patterson.

SPEAKER'S STATEMENT

I would like to thank all senators for their input into this very important and serious matter. Following Senator Patterson’s comments, I will consider the matter resolved and dealt with.

However, I remind honourable senators that in a previous ruling I did mention the use of social media. I caution that when you are using social media, please take your time before you send out tweets. If it is something you think will be offensive and you are not really sure whether or not it is something that is appropriate, I suggest you do not send, because it reflects poorly, not just on the people who are doing it, but on the whole chamber.

I believe Senator Gagné put it far more eloquently than I can and I believe her words about decorum should be kept in mind when we are using social media.

Orders of the Day

Government Business

Bills – Messages from the House of Commons

Resuming debate on the motion of the Honourable Senator Harder, P.C., 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.

The Honourable Senator Patterson moved, seconded by the Honourable Senator Seidman:

That the motion, together with the message from the House of Commons on the same subject dated May 13, 2019, be referred to the Standing Senate Committee on Fisheries and Oceans for consideration and report.

After debate,

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

YEAS

The Honourable Senators

AndersonAndreychukBattersBoisvenuCarignanDagenaisEatonFrumHousakosMacDonaldManningMarshallMartinMcCoyMcInnisMcIntyreMocklerNgoPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukWallinWells—29

NAYS

The Honourable Senators

BellemareBlack (Ontario)BonifaceBoveyBoyerBussonCampbellCordyCoyleDalphondDaskoDayDeacon (Nova Scotia)DeanDowneDuffyDupuisDyckForestForest-NiesingFrancisGagnéGalvezGoldGreeneGriffinHarderKlyneKutcherLaBoucane-BensonLovelace NicholasMarwahMassicotteMcCallumMcPhedranMégieMitchellMiville-DechêneMoncionMoodieMunsonOmidvarPatePetitclercPratteRavaliaRinguetteSimonsSinclairVernerWetstonWoo—52

ABSTENTIONS

The Honourable Senators

BernardDuncan—2

The question being put on the motion of the Honourable Senator Harder, P.C., 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.

The motion was adopted, on division.

Bills – Reports of Committees

Consideration of the twenty-second report of the Standing Senate Committee on National Security and Defence (Bill C-59, An Act respecting national security matters, with amendments and observations), presented in the Senate on May 15, 2019.

The Honourable Senator Boniface moved, seconded by the Honourable Senator Pratte, that the report be adopted.

After debate,

The Honourable Senator Dagenais moved, seconded by the Honourable Senator Martin, that further debate on the consideration of the report be adjourned until the next sitting.

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

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Coyle, seconded by the Honourable Senator Gagné, for the second reading of Bill C-82, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting.

After debate,

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

The bill was then read the second time.

The Honourable Senator Coyle moved, seconded by the Honourable Senator Bellemare, that the bill be referred to the Standing Senate Committee on Foreign Affairs and International Trade.

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

o o o

Second reading of Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting).

The Honourable Senator Boyer moved, seconded by the Honourable Senator Bellemare, that the bill be read the second time.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Stewart Olsen, 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

Second reading of Bill C-91, An Act respecting Indigenous languages.

The Honourable Senator Sinclair moved, seconded by the Honourable Senator Day, that the bill be read the second time.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, 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

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.

o o o

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

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, May 27, 2019, at 6 p.m.;

That committees of the Senate scheduled to meet on that day be authorized to do so for the purpose of considering government business, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto;

That, notwithstanding any provision of the Rules, if a vote is deferred to that day, the bells for the vote ring at the start of Orders of the Day, for 15 minutes, with the vote to be held thereafter;

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

That the Senate stand adjourned at the end of Government Business on that day.

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

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

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

o o o

Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Moncion, for the third reading of Bill S-237, An Act to amend the Criminal Code (criminal interest rate), as amended.

And on the motion in amendment of the Honourable Senator Cools, seconded by the Honourable Senator Bovey:

That Bill S-237, as amended, be not now read a third time, but that it be further amended in clause 1, on page 1, by replacing line 15 (as replaced by decision of the Senate on April 19, 2018) with the following:

“plus thirty-five per cent on the credit advanced under an”.

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

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

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

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.

After debate,

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

The bill was then read the second time.

The Honourable Senator Sinclair moved, seconded by the Honourable Senator Marwah, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.

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

o o o

Orders No. 2 to 11 were called and postponed until the next sitting.

Reports of Committees – Other

Resuming debate on the consideration of the first report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward, deposited with the Clerk of the Senate on October 4, 2016.

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

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

o o o

Order No. 5 was 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 Moore, for the adoption of the seventh report (interim), as amended, of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Regional interest), presented in the Senate on October 18, 2016.

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 being put on the motion, it was adopted.

o o o

Orders No. 7, 50 and 100 and 101 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Housakos, seconded by the Honourable Senator Martin, for the adoption of the tenth report of the Standing Committee on Rules, Procedures and the Rights of Parliament, entitled Develop and propose amendments to the Rules of the Senate to establish the Standing Committee on Audit and Oversight, presented in the Senate on November 29, 2018.

The Honourable Senator Gold moved, seconded by the Honourable Senator Omidvar, 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. 104 and 105, 107, 110, 114 and 117 were called and postponed until the next sitting.

Motions

Orders No. 73 and 89 were called and postponed until the next sitting.

o o o

Order No. 189 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

Orders No. 215, 302, 310, 325, 357 and 358, 371, 410, 439, 468, 470 and 474 were called and postponed until the next sitting.

o o o

Resuming debate on the motion, as amended, of the Honourable Senator McPhedran, seconded by the Honourable Senator Bellemare:

That the Senate urge the Government of Canada without further delay to invoke the Genocide Convention and specifically to engage with like-minded States to pursue the matter before the International Court of Justice in order to hold Myanmar to its obligations and to seek provisional measures and ultimately reparations for the Rohingya people;

That the Senate urge Canada to exert pressure on Myanmar to allow for unobstructed access to Rakhine State by independent monitors in order to investigate the international crimes committed and to afford protection to remaining Rohingya;

That the Senate urge the Government of Canada to continue to assist the Government of Bangladesh through multilateral aid in addressing the humanitarian needs of the Rohingya refugees, with particular focus on the needs of women and children, including education; and

That a message be sent to the House of Commons requesting that house to unite with the Senate for the above purpose.

After debate,

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

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

o o o

Order No. 478 was called and postponed until the next sitting.

Inquiries

Orders No. 12, 20, 26, 36, 39 and 40, 47, 52 and 54 to 56 were called and postponed until the next sitting.

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 Dagenais, 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 Dagenais, 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”.

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

AndersonAndreychukBattersBoisvenuCarignanDagenaisEatonFrumHousakosMacDonaldManningMarshallMartinMcInnisMocklerNgoPattersonPlettPoirierRichardsSeidmanStewart OlsenTannasTkachukWells—25

NAYS

The Honourable Senators

BellemareBernardBlack (Ontario)BoehmBonifaceBoveyBoyerBussonCampbellCordyCoyleDalphondDayDeacon (Nova Scotia)DeanDuffyDuncanDupuisDyckForestForest-NiesingFrancisGagnéGoldGreeneHarderKlyneKutcherLaBoucane-BensonLovelace NicholasMarwahMassicotteMcCallumMcPhedranMégieMitchellMiville-DechêneMoncionMoodieMunsonOmidvarPatePetitclercPratteRinguetteSimonsSinclairVernerWetstonWoo—50

ABSTENTION

The Honourable Senator

Griffin—1

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 Tkachuk moved, seconded by the Honourable Senator MacDonald:

That Bill C-71 be not now read a third time, but that it be amended in clause 2, on page 2,

(a)by replacing lines 4 to 10 with the following:

2 (1) Subsection 5(2) of the Act is amended by strik-”; and

(b)by replacing line 32 with the following:

(2) Section 5 of the Act is amended by adding the”.

After debate,

The question was put on the motion in amendment.

Pursuant to the order adopted earlier today, a standing vote was deferred to Monday, May 27, 2019 with the bells for the vote to ring at the start of Orders of the Day, for 15 minutes, with the vote to be held thereafter.


With leave of the Senate,

The Honourable Senator Petitclerc moved, seconded by the Honourable Senator Dean:

That the Standing Senate Committee on Social Affairs, Science and Technology have the power to meet on Monday, May 27, 2019, 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.

Other Business

Inquiries

Orders No. 57 to 59 and 61 were called and postponed until the next sitting.

MOTIONS

Order No. 486 was withdrawn pursuant to rule 5-10(2).

o o o

Order No. 490 was withdrawn pursuant to rule 5-10(2).

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 6:49 p.m., the Senate was continued until Monday, May 27, 2019, at 6 p.m.)

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

Report on the operation of the Canada–Colombia Free Trade Agreement Implementation Act for the year ended December 31, 2018, pursuant to the Act, S.C. 2010, c. 4, s. 15.1.—Sessional Paper No. 1/42-3033.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Oh replaced the Honourable Senator Smith (May 16, 2019).

The Honourable Senator Doyle replaced the Honourable Senator Housakos (May 16, 2019).

The Honourable Senator Smith replaced the Honourable Senator Oh (May 16, 2019).

The Honourable Senator Housakos replaced the Honourable Senator Doyle (May 15, 2019).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Campbell replaced the Honourable Senator Duffy (May 16, 2019).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Seidman replaced the Honourable Senator Tannas (May 16, 2019).

The Honourable Senator Neufeld replaced the Honourable Senator Smith (May 16, 2019).

The Honourable Senator Smith replaced the Honourable Senator Stewart Olsen (May 16, 2019).

The Honourable Senator Tannas replaced the Honourable Senator Seidman (May 16, 2019).

Standing Senate Committee on Human Rights

The Honourable Senator Hartling replaced the Honourable Senator Cormier (May 16, 2019).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Plett replaced the Honourable Senator Martin (May 16, 2019).

The Honourable Senator Martin replaced the Honourable Senator Plett (May 15, 2019).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Carignan, P.C., replaced the Honourable Senator Housakos (May 16, 2019).

The Honourable Senator Pratte replaced the Honourable Senator Forest (May 16, 2019).

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

Standing Senate Committee on National Finance

The Honourable Senator Deacon (Ontario) replaced the Honourable Senator Black (Ontario) (May 16, 2019).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Oh replaced the Honourable Senator McInnis (May 16, 2019).

The Honourable Senator McInnis replaced the Honourable Senator Wells (May 16, 2019).

The Honourable Senator Wells replaced the Honourable Senator Oh (May 16, 2019).

Standing Senate Committee on Transport and Communications

The Honourable Senator Boisvenu replaced the Honourable Senator Patterson (May 16, 2019).