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68 Elizabeth II , A.D. 2019, Canada

1st Session, 42nd Parliament

Issue 297 (Unrevised)

Wednesday, June 5, 2019
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAndreychukAtaullahjanBattersBellemareBernardBlack (Alberta)BoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMégieMercerMitchellMiville-DechêneMocklerMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAndreychukAtaullahjanBattersBellemareBernardBlack (Alberta)BoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMégieMercerMitchellMiville-DechêneMocklerMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-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 Joyal, P.C., presented the following:

Wednesday, June 5, 2019

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

THIRTY-THIRD REPORT

Your committee, to which was referred Bill C-337, An Act to amend the Judges Act and the Criminal Code (sexual assault), has, in obedience to the order of reference of May 31, 2018, examined the said bill and now reports the same with the following amendments:

1.Preamble, page 1: Replace lines 18 to 25 with the following:

“Whereas Parliament wishes to be made aware of seminars offered to federally appointed judges, including in respect of matters related to sexual assault law and social context, and judges’ participation in the seminars;

Whereas it is imperative that persons seeking to be appointed to the judiciary undertake training on sexual assault law and social context;

And whereas reasons for decisions in sexual”.

2.Clause 2, page 2: Replace lines 26 to 37 with the following:

(b) has agreed to engage in continuing legal education in respect of matters related to sexual assault law and social context, including by attending seminars established under paragraph 60(2)(b) on these matters.”.

3.Clause 3, page 3: Replace lines 5 to 8 with the following:

“al assault law and social context

(i) that have been developed after consultation with persons the Council considers appropriate, such as sexual assault survivors and groups and organizations that support them, and

(ii) that include instruction in evidentiary prohibitions, principles of consent and the conduct of sexual assault proceedings, as well as education regarding myths and stereotypes associated with sexual assault complainants;”.

4.Clause 4, page 3: Replace lines 18 to 22 with the following:

“offered; and

(b) the number of judges who attended each seminar.”.

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

Respectfully submitted,

SERGE JOYAL

Chair

Observations

to the thirty-third report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-337)

The committee is of the view that judicial education in respect of matters related to sexual assault law and social context should include, among other significant issues, intimate partner violence, gender-based violence, and the unique circumstances of Indigenous women. The committee respectfully invites the Canadian Judicial Council to incorporate these elements in the design of its seminars.

The Honourable Senator Joyal, P.C., 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 Reports from Interparliamentary Delegations

The Honourable Senator Cormier tabled the following:

Report of the Canadian Delegation of the Canada-Africa Parliamentary Association respecting its bilateral mission to the Federal Democratic Republic of Ethiopia and the Republic of Rwanda, held in Addis Ababa, Ethiopia and Kigali, Rwanda, from March 10 to 16, 2019.—Sessional Paper No. 1/42-3089.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

DECLARATIONS OF PRIVATE INTERESTS

Pursuant to rule 15-7(1) and subsection 12(1) of the Ethics and Conflict of Interest Code for Senators, a declaration of private interest was made as follows:

The Honourable Senator Tannas, respecting Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children), by written declaration.

Bills – Third Reading

Orders No. 1 to 4 were called and postponed until the next sitting.

Bills – Reports of Committees

Consideration of the seventeenth report of the Standing Senate Committee on Transport and Communications (Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast, with a recommendation), presented in the Senate on June 3, 2019.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator MacDonald, that the report be adopted.

Debate.


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

The sitting resumed.

Bills – Reports of Committees

The Senate resumed debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator MacDonald, for the adoption of the seventeenth report of the Standing Senate Committee on Transport and Communications (Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast, with a recommendation), presented in the Senate on June 3, 2019.

The question was put on the motion.

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.

o o o

Orders No. 2 and 3 were 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.

o o o

Resuming debate on the motion of the Honourable Senator Moncion, seconded by the Honourable Senator Francis, for the adoption of the third report of the Standing Joint Committee on the Library of Parliament, entitled Main Estimates 2019-20: Vote 1 under Library of Parliament, tabled in the Senate on May 30, 2019.

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

o o o

Order No. 36 and 37 was called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Cordy:

That the following Address be presented to His Excellency the Governor General of Canada:

To His Excellency the Right Honourable David Johnston, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty’s most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

After debate,

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

Order No. 246 was called and postponed until the next sitting.

o o o

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

That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008, c. 20, the Senate resolve that the Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:

1.Parliamentary Employment and Staff Relations Act, R.S., c. 33 (2nd Supp):

-Parts II and III;

2.Contraventions Act, S.C. 1992, c. 47:

-paragraph 8(1)(d), sections 9, 10 and 12 to 16, subsections 17(1) to (3), sections 18 and 19, subsection 21(1) and sections 22, 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 (in respect of the following provisions of the schedule: sections 1, 2.1, 2.2, 3, 4, 5, 7, 7.1, 9 to 12, 14 and 16) and 85;

3.Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;

4.Preclearance Act, S.C. 1999, c. 20:

-section 37;

5.Public Sector Pension Investment Board Act, S.C. 1999, c. 34:

-sections 155, 157, 158 and 160, subsections 161(1) and (4) and section 168;

6.Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:

-subsections 107(1) and (3) and section 109;

7.Marine Liability Act, S.C. 2001, c. 6:

-section 45;

8.Yukon Act, S.C. 2002, c. 7:

-sections 70 to 75 and 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233 and 283;

9.An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, S.C. 2003, c. 26:

-sections 4 and 5, subsection 13(3), section 21, subsections 26(1) to (3) and sections 30, 32, 34, 36 (with respect to section 81 of the Canadian Forces Superannuation Act), 42 and 43;

10.Assisted Human Reproduction Act, S.C. 2004, c. 2:

-sections 12 and 45 to 58;

11.Budget Implementation Act, 2005, S.C. 2005, c. 30:

-Part 18 other than section 125;

12.An Act to amend certain Acts in relation to financial institutions, S.C. 2005, c. 54:

-subsection 27(2), section 102, subsections 166(2), 239(2), 322(2) and 392(2);

13.An Act to amend the law governing financial institutions and to provide for related and consequential matters, S.C. 2007, c. 6:

-section 28, subsections 30(1) and (3), 88(1) and (3) and 164(1) and (3) and section 362;

14.Budget Implementation Act, 2008, S.C. 2008, c. 28:

-sections 150 and 162;

15.Budget Implementation Act, 2009, S.C. 2009, c. 2:

-sections 394, 399, and 401 to 404;

16.An Act to amend the Indian Oil and Gas Act, S.C. 2009, c. 7:

-sections 1 to 3; and

17.An Act to amend the Transportation of Dangerous Goods Act, 1992, S.C. 2009, c. 9:

-section 5.

After debate,

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

Inquiries

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

ADJOURNMENT

At 8:46 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 Canada’s activities as a member nation of the Food and Agriculture Organization of the United Nations for the fiscal year ended March 31, 2019, pursuant to the Food and Agriculture Organization of the United Nations Act, R.S.C. 1985, c. F-26, s. 4.—Sessional Paper No. 1/42-3086.

Summary of the Corporate Plan for 2019-20 to 2023-24 and of the Operating and Capital Budgets, and Borrowing Plan of the Business Development Bank of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-3087.

Order Repealing Interim Order No. 5 Respecting Flooded Areas (81100-3-76), dated June 4, 2019, pursuant to the Canada Shipping Act, R.S.C. 2001, c. 26, s. 10.1.—Sessional Paper No. 1/42-3088.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator McInnis replaced the Honourable Senator Martin (June 5, 2019).

The Honourable Senator Plett replaced the Honourable Senator Smith (June 5, 2019).

The Honourable Senator Martin replaced the Honourable Senator McInnis (June 5, 2019).

The Honourable Senator Smith replaced the Honourable Senator Housakos (June 5, 2019).

The Honourable Senator Pate replaced the Honourable Senator Klyne (June 5, 2019).

The Honourable Senator Klyne replaced the Honourable Senator Pate (June 5, 2019).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Pratte replaced the Honourable Senator Moodie (June 5, 2019).

The Honourable Senator Deacon (Ontario) replaced the Honourable Senator Ravalia (June 5, 2019).

Standing Senate Committee on Human Rights

The Honourable Senator Wells replaced the Honourable Senator White (June 5, 2019).

The Honourable Senator White replaced the Honourable Senator Wells (June 5, 2019).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Frum replaced the Honourable Senator Housakos (June 5, 2019).

The Honourable Senator Housakos replaced the Honourable Senator Carignan, P.C. (June 5, 2019).

Standing Senate Committee on National Finance

The Honourable Senator Neufeld replaced the Honourable Senator Patterson (June 5, 2019).

The Honourable Senator Patterson replaced the Honourable Senator Neufeld (June 5, 2019).

Standing Senate Committee on National Security and Defence

The Honourable Senator Deacon (Nova Scotia) replaced the Honourable Senator Pratte (June 5, 2019).

The Honourable Senator Busson replaced the Honourable Senator McPhedran (June 5, 2019).