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68 Elizabeth II , A.D. 2019, Canada

1st Session, 42nd Parliament

Issue 293 (Unrevised)

Wednesday, May 29, 2019
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)BoehmBonifaceBoveyBoyerBussonCampbellCarignanChristmasCormierCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuncanDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalKlyneKutcherLankinLovelace NicholasMacDonaldManningMarshallMartinMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMoodieMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)BoehmBonifaceBoveyBoyerBussonCampbellCarignanChristmasCormierCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuncanDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalKlyneKutcherLankinLovelace NicholasMacDonaldManningMarshallMartinMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMoodieMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-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 Griffin presented the following:

Wednesday, May 29, 2019

The Standing Senate Committee on Agriculture and Forestry has the honour to present its

SIXTEENTH REPORT

Your committee, to which was referred Bill C-281, An Act to establish a National Local Food Day, has, in obedience to the order of reference of April 30, 2019, examined the said bill and now reports the same with the following amendments:

1.Clause 2, page 1: Replace lines 18 and 19:

2 Throughout Canada, in each and every year, the first Saturday in August is to be known as “National Lo-”.

2.Clause 3, page 2: Replace line 2 with the following:

“legal holiday.”.

Respectfully submitted,

DIANE F. GRIFFIN

Chair

The Honourable Senator Griffin moved, seconded by the Honourable Senator Christmas, 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 Boniface presented the following:

Wednesday, May 29, 2019

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

TWENTY-FOURTH REPORT

Your committee, to which was referred Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, has, in obedience to the order of reference of Tuesday, April 30, 2019, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

GWEN BONIFACE

Chair

Observations to the twenty-fourth report of the Standing Senate Committee on National Security and Defence (Bill C-77)

In light of this committee’s recommendations in its report of May 2019 entitled Sexual Harassment and Violence in the Canadian Armed Forces and evidence heard during its study of Bill C-77, amending the National Defence Act and other Acts, the committee makes the following observations with emphasis on the importance of regulations for implementing the intent of the Bill.

Overall, the committee’s observations are guided by conviction that military justice proceedings must be accessible and fair to all parties, and to achieve this, victims must be afforded a meaningful role in military justice proceedings so that they are protected, considered, informed, respected and heard.

1. The government must ensure that victim liaison officers: (a) receive appropriate training in providing support to victims, including crisis support and support after trauma and violence; and (b) are independent of the accused’s chain of command, not appointed from within the accused’s unit or the unit where the alleged service offence occurred.

2. The government must ensure that the privacy rights of victims and offenders are respected in military justice proceedings, including only appropriate information about offenders is to be disclosed, according to the regulations under new section 71.04.

3. The government must ensure that victims are proactively informed of the rights available to them, including the opportunity to have a victim liaison officer appointed to them by their commanding officer, and afforded meaningful opportunities to invoke those rights.

4. The government should ensure that regulations related to Victim Liaison Officers provide sufficient resources and authority for this role and consider expanding the role to be consistent with Victim Advocates in the armed forces of the United States.

5. The government must ensure that military justice officials including military judges, prosecutors, defence counsel, and military police (including the Canadian Forces National Investigation Service) are trained in victims rights, including issues related to crisis, trauma, and violence.

6. The government should consider identifying an oversight body to review the implementation of victims rights within the military justice system.  The government should also consider establishing an appeal mechanism for alleged infringements of victims’ rights.

7. In creating regulations for service infractions and summary hearings, the government must ensure that due process is afforded to complainants and accused persons throughout the process.  The government must uphold its stated commitment to establishing summary hearings as a non-penal mechanism, and ensure that it minimally resembles penal proceedings.

8. The government must ensure that those who conduct summary hearings receive training in the legal requirements of procedural fairness applicable to administrative proceedings.

9. In establishing minor sanctions, the government must avoid any deprivation of liberty in a manner that fails to respect the principles of fundamental justice.

10. The government should strictly limit the availability of a reduction in rank, with its long-term effects, as a sanction at summary hearing.

11.The next independent review of the National Defence Act, as per Section 273.601(2), following the coming into force of Bill C-77, and its regulations, should assess the efficacy of the Declaration of Victim’s Rights, summary hearings, and the degree to which these observations have been applied.

12.The Declaration of Victims’ Rights should be interpreted to not only apply to members of the Canadian Armed Forces, but any civilian employee or contractor who is made victim of a service offence in the course of their work for the Canadian Armed Forces or the Department of National Defence, within Canada or abroad.

13.That in establishing the regulations necessary for the implementation of Bill C-77, due consideration should be given to the recommendations of this Committee’s report, Sexual Harassment and Violence in the Canadian Armed Forces.

14. The Committee recommends that the Government study offering free legal advice to victims in the military justice system.

15.The Committee recommends that the Government instruct the Canadian Armed Forces to monitor how victims’ rights are being met and to report on these outcomes regularly.

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

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Ataullahjan tabled the following:

Report of the Canadian Parliamentary Delegation of the Inter-Parliamentary Union respecting its participation at the Annual Parliamentary Hearing at the United Nations, held in New York, New York, United States of America, on February 21 and 22, 2019.—Sessional Paper No. 1/42-3056.

Report of the Canadian Parliamentary Delegation of the Inter-Parliamentary Union respecting its participation at the 63rd session of the United Nations Commission on the Status of Women, held in New York, New York, United States of America, from March 12 to 14, 2019.—Sessional Paper No. 1/42-3057.

Report of the Canadian Parliamentary Delegation of the Inter-Parliamentary Union respecting its participation at the meeting of the Steering Committee of the Twelve Plus Group held in Horta and Terceira, Portugal, from March 24 to 26, 2019.—Sessional Paper No. 1/42-3058.

Notices of Motions

With leave of the Senate,

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

That the Standing Senate Committee on Legal and Constitutional Affairs have the power to meet on Monday, June 3, 2019 at 6:15 p.m., for the purpose of continuing its study of bills, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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

o o o

With leave of the Senate,

The Honourable Senator Dyck moved, seconded by the Honourable Senator Lovelace Nicholas:

That the Standing Senate Committee on Aboriginal Peoples have the power to meet on Tuesday, June 4, 2019, from 4 p.m. to 6 p.m., for the purposes of its study of Bill C-91, An Act respecting Indigenous languages, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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

o o o

With leave of the Senate,

The Honourable Senator Dyck moved, seconded by the Honourable Senator Lovelace Nicholas:

That the Standing Senate Committee on Aboriginal Peoples be authorized to meet on Wednesday, June 5, 2019, from 12:30 p.m. to 2:30 p.m., for the purposes of its study on the federal government’s constitutional, treaty, political and legal responsibilities to First Nations, Inuit and Metis peoples, and that the application of rule 12-18(1) be suspended in relation thereto.

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

Question Period

The Senate proceeded to Question Period.

Delayed Answers

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

Reply to Question No. 119, dated March 18, 2019, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Boisvenu, respecting the expansion of the Trans Mountain pipeline.—Sessional Paper No. 1/42-3059S.

Reply to Question No. 121, dated March 18, 2019, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Boisvenu, respecting the Minister of Environment’s official vehicle.—Sessional Paper No. 1/42-3060S.

o o o

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

Response to the oral question asked in the Senate on February 27, 2019 by the Honourable Senator Boisvenu, concerning SNC-Lavalin.—Sessional Paper No. 1/42-3061S.

Response to the oral question asked in the Senate on March 18, 2019 by the Honourable Senator Wallin, concerning China — canola exports.—Sessional Paper No. 1/42-3062S.

Response to the oral question asked in the Senate on March 20, 2019 by the Honourable Senator Kutcher, concerning homeopathy.—Sessional Paper No. 1/42-3063S.

Response to the oral question asked in the Senate on April 3, 2019 by the Honourable Senator Lankin, P.C., concerning the climate plan.—Sessional Paper No. 1/42-3064S.

Response to the oral question asked in the Senate on April 3, 2019 by the Honourable Senator Housakos, concerning support for veterans.—Sessional Paper No. 1/42-3065S.

Response to the oral question asked in the Senate on April 11, 2019 by the Honourable Senator Frum, concerning funding for programs.—Sessional Paper No. 1/42-3066S.

Response to the oral question asked in the Senate on April 11, 2019 by the Honourable Senator Boisvenu, concerning the judicial selection process.—Sessional Paper No. 1/42-3067S.

Response to the oral question asked in the Senate on May 16, 2019 by the Honourable Senator McIntyre, concerning money laundering and tax havens.—Sessional Paper No. 1/42-3068S.

Orders of the Day

Government Business

Bills – Reports of Committees

Consideration of the nineteenth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, with amendments and observations), presented in the Senate on May 28, 2019.

The Honourable Senator Galvez moved, seconded by the Honourable Senator Klyne, that the report be adopted.

After debate,

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

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

Bills – Third Reading

Third reading of Bill C-59, An Act respecting national security matters, as amended.

The Honourable Senator Gold moved, seconded by the Honourable Senator Mercer, that the bill, as amended, be read for a third time.

After debate,

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

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

Bills – Reports of Committees

Consideration of the thirteenth report of the Standing Senate Committee on Fisheries and Oceans (Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, with amendments), presented in the Senate on May 27, 2019.

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

After debate,

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

The Honourable Senator Christmas moved, seconded by the Honourable Senator Pate, 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

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

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

Order No. 2 was 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

Resuming debate on the motion of the Honourable Senator Mercer, seconded by the Honourable Senator Cordy, for the third reading of Bill S-1002, An Act respecting Girl Guides of Canada.

And on the motion in amendment of the Honourable Senator Dalphond, seconded by the Honourable Senator Dupuis:

That Bill S-1002 be not now read a third time, but that it be amended on page 8 by adding the following after line 17:

16.1 (1) Directors of the Corporation are jointly and severally, or solidarily, liable to employees of the Corporation for all debts not exceeding six months’ wages payable to each employee for services performed for the Corporation while they are directors.

(2) A director is not liable under subsection (1) unless

(a) the Corporation has been sued for the debt within six months after it has become due and execution has been returned unsatisfied in whole or in part;

(b) the Corporation has commenced liquidation and dissolution proceedings or has been dissolved and a claim for the debt has been proved within six months after the earlier of the date of commencement of the liquidation and dissolution proceedings and the date of dissolution; or

(c) the Corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the date of the assignment or receiving order.

(3) A director, unless sued for a debt referred to in subsection (1) while a director or within two years after ceasing to be a director, is not liable under this section.

(4) If execution referred to in paragraph (2)(a) has issued, the amount recoverable from a director is the amount remaining unsatisfied after execution.

(5) A director who pays a debt referred to in subsection (1) that is proved in liquidation and dissolution or bankruptcy proceedings is subrogated to any priority that the employee would have been entitled to and, if a judgment has been obtained, the director is

(a) in Quebec, subrogated to the employee’s rights as declared in the judgment; and

(b) elsewhere in Canada, entitled to an assignment of the judgment.

(6) A director who has satisfied a claim under this section is entitled to recover from the other directors who were liable for the claim their respective shares.”.

After debate,

The Honourable Senator Mercer moved, seconded by the Honourable Senator Joyal, P.C., that further debate on the motion in amendment be adjourned until the next sitting.

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

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 4 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Bernard, seconded by the Honourable Senator Forest, for the second reading of Bill S-255, An Act proclaiming Emancipation Day.

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. 6 to 11 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1 to 10 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1, 5 to 7 and 50 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Black (Alberta), seconded by the Honourable Senator Bovey:

That the twenty-fourth report of the Standing Senate Committee on Banking, Trade and Commerce, tabled on Tuesday, October 16, 2018, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Finance being identified as minister responsible for responding to the report.

Debate.


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 Carignan, P.C., to the subsidiary motion of the Honourable Senator Wallin, to the motion of the Honourable Senator Seidman, seconded by the Honourable Senator Boisvenu, that the Senate agree to the amendments made by the House of Commons to Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children).

The question being put on the motion in amendment of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Seidman:

That the motion be not now adopted, but that it be amended to authorize the Standing Senate Committee on Agriculture and Forestry, without limiting the committee’s right to invite other witnesses as it may decide, to invite the following witnesses:

1.Dairy Farmers of Canada;

2.Grain Growers of Canada;

3.National Miller’s Association;

4.The Honourable Ginette Petitpas Taylor, P.C., M.P., Minister of Health; and

5.The Honourable Marie-Claude Bibeau, P.C., M.P., Minister of Agriculture and Agri-Food.

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

AndersonAtaullahjanBattersBlack (Alberta)CampbellCarignanDagenaisDawsonDowneDoyleEatonFrancisFrumGreeneGriffinHousakosMacDonaldManningMarshallMartinMcCoyMcInnisMcIntyreMercerMocklerMunsonNeufeldNgoOhPattersonPlettPoirierRichardsSmithStewart OlsenTannasTkachukVernerWallinWellsWetston—41

NAYS

The Honourable Senators

BellemareBernardBoehmBonifaceBoveyBussonChristmasCormierCoyleDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisDyckForestForest-NiesingGagnéGoldHarderHartlingJoyalKlyneKutcherLankinMassicotteMcCallumMcPhedranMégieMitchellMiville-DechêneMoncionMoodieOmidvarPatePetitclercPratteRavaliaRinguetteSaint-GermainSimonsSinclairWoo—45

ABSTENTIONS

The Honourable Senators

Nil

ADJOURNMENT

At 5:38 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 on Operations Under the European Bank for Reconstruction and Development Agreement Act for the year 2018, pursuant to the European Bank for Reconstruction and Development Agreement Act, S.C. 1991, c. 12, s. 7.—Sessional Paper No. 1/42-3054.

Report of the President of the Treasury Board on Official Languages in federal institutions for the fiscal year ended March 31, 2018, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 48.—Sessional Paper No. 1/42-3055.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator LaBoucane-Benson replaced the Honourable Senator Sinclair (May 29, 2019).

The Honourable Senator Ngo replaced the Honourable Senator Oh (May 28, 2019).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Ravalia replaced the Honourable Senator Black (Ontario) (May 29, 2019).

The Honourable Senator Dagenais replaced the Honourable Senator Manning (May 28, 2019).

Special Committee on the Arctic

The Honourable Senator Neufeld replaced the Honourable Senator Stewart Olsen (May 29, 2019).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Duncan replaced the Honourable Senator Ringuette (May 29, 2019).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator LaBoucane-Benson replaced the Honourable Senator McCoy (May 29, 2019).

The Honourable Senator Neufeld replaced the Honourable Senator Frum (May 28, 2019).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Batters replaced the Honourable Senator Doyle (May 29, 2019).

The Honourable Senator Gold replaced the Honourable Senator Kutcher (May 29, 2019).

The Honourable Senator Pratte replaced the Honourable Senator Pate (May 29, 2019).

The Honourable Senator Doyle replaced the Honourable Senator Batters (May 29, 2019).

The Honourable Senator Pate replaced the Honourable Senator Pratte (May 29, 2019).

Standing Senate Committee on National Security and Defence

The Honourable Senator McIntyre replaced the Honourable Senator McInnis (May 29, 2019).

The Honourable Senator Griffin replaced the Honourable Senator Dasko (May 28, 2019).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Dasko replaced the Honourable Senator Pate (May 29, 2019).

Standing Senate Committee on Transport and Communications

The Honourable Senator Dagenais replaced the Honourable Senator Boisvenu (May 29, 2019).

The Honourable Senator Saint-Germain replaced the Honourable Senator Galvez (May 29, 2019).

The Honourable Senator Plett replaced the Honourable Senator Poirier (May 28, 2019).