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68 Elizabeth II , A.D. 2019, Canada

1st Session, 42nd Parliament

Issue 301 (Unrevised)

Wednesday, June 12, 2019
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAndreychukAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBonifaceBoveyBoyerBussonCampbellCarignanChristmasCormierCoyleDagenaisDalphondDaskoDawsonDeacon (Ontario)DeanDoyleDuncanDupuisDyckEatonForestFrancisFureyGagnéGoldGreeneGriffinHarderHousakosJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAndreychukAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBonifaceBoveyBoyerBussonCampbellCarignanChristmas*CordyCormierCoyleDagenaisDalphondDaskoDawson*DayDeacon (Ontario)Dean*DowneDoyleDuncanDupuisDyckEatonForestFrancisFureyGagnéGoldGreeneGriffinHarderHousakosJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-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

Presenting or Tabling Reports from Committees

The Honourable Senator Boniface, Chair of the Standing Senate Committee on National Security and Defence, tabled the twenty-sixth report (interim) of the committee, entitled Canadian Veterans’ Use of Cannabis for Medical Purposes.—Sessional Paper No. 1/42-3110S.

The Honourable Senator Boniface moved, seconded by the Honourable Senator Pratte, 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 Ataullahjan tabled the following:

Report of the Canadian Parliamentary Delegation respecting its participation at the 140th Inter-Parliamentary Union Assembly and related meetings held in Doha, Qatar, from April 4 to 10, 2019.—Sessional Paper No. 1/42-3111.

o o o

The Honourable Senator Dawson tabled the following:

Report of the Canadian Parliamentary Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation in the 31st meeting of the Europe Regional Assembly, held in Andorra la Vella, Principality of Andorra, from October 21 to 24, 2018.—Sessional Paper No. 1/42-3112.

Report of the Canadian Parliamentary Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation in the Bureau Meeting of the APF, held in Brussels, Belgium, from January 31 to February 2, 2019.—Sessional Paper No. 1/42-3113.

Notices of Motions

With leave of the Senate,

The Honourable Senator Mockler moved, seconded by the Honourable Senator Neufeld:

That the Standing Senate Committee on National Finance be authorized to meet on Wednesday, June 12, 2019, at 6:45 p.m., for the purpose of its study of Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019, and other measures, 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.

Question Period

The Senate proceeded to Question Period.

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-59, An Act respecting national security matters:

Tuesday, June 11, 2019

ORDERED,—That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-59, An Act respecting national security matters, the House:

agrees with amendments 3 and 4 made by the Senate;

respectfully disagrees with amendment 1 made by the Senate because the intent of the legislation is to ensure ministerial responsibility and accountability, and the legislation provides that the Intelligence Commissioner must review whether or not the conclusions of the Minister of National Defence, when issuing a foreign intelligence authorization, are reasonable; additionally, subsection 20(1) already requires the Commissioner to provide the Minister with reasons for authorizing or rejecting a foreign intelligence authorization request;

respectfully disagrees with amendment 2 made by the Senate because it would limit the scope of subsection 83.221(1) and would create inconsistencies with the general counselling provisions contained in section 22 and paragraphs 464(a) and (b) of the Criminal Code.

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

That the Senate do not insist on its amendments 1 and 2 to Bill C-59, An Act respecting national security matters, to which the House of Commons has disagreed; 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 Smith, 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-82, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting.

The Honourable Senator Coyle moved, seconded by the Honourable Senator Moncion, that the bill be read for a third time.

After debate,

The Honourable Senator Martin 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.

o o o

Third reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, as amended.

The Honourable Senator Sinclair moved, seconded by the Honourable Senator Campbell, that the bill, as amended, 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.

o o o

Third reading of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, as amended.

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

After debate,

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

That Bill C-83, as amended, be not now read a third time, but that it be further amended on page 21, by adding the following after line 32:

30.1 Section 95 of the Act is renumbered as subsection 95(1) and is amended by adding the following:

(2) The report referred to in subsection (1) shall include an account of any death or serious bodily injury of an inmate or a staff member if, in the opinion of the Minister, the death or serious bodily injury may be related to the transfer of an inmate into or out of a structured intervention unit.

(3) The account referred to in subsection (2) shall include the circumstances of the death or serious bodily injury, the grounds for confining the inmate in a structured intervention unit and, if applicable, the grounds for transferring the inmate out of the unit.”.

The question being put on the motion in amendment, it was negatived, on division.

The Senate resumed debate on the motion of the Honourable Senator Klyne, seconded by the Honourable Senator Bernard, for the third reading of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, as amended.

After debate,

In amendment, the Honourable Senator Ngo moved, seconded by the Honourable Senator Marshall:

That Bill C-83, as amended, be not now read a third time, but that it be further amended:

(a)in clause 34, on page 23, by adding the following after line 27:

(13.1) If a hearing is held in respect of a review of the decision of the Parole Board of Canada to authorize the escorted temporary absence of an offender under subsection 17.1(1), or the unescorted temporary absence of an offender under paragraph 107(1)(e), a victim or a person referred to in subsection 142(3) is entitled, on request, to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers

(a) could reasonably be expected to jeopardize the safety of any person or reveal a source of information obtained in confidence; or

(b) should not be heard by the victim or a person referred to in subsection 142(3) because the privacy interests of any person clearly outweigh the interest of the victim or person referred to in that subsection.

(13.2) Any person who is entitled to listen to an audio recording of a hearing under subsection (13) or (13.1) may

(a) listen to the recording in the presence of a support person of their own choosing; or

(b) designate a person to listen to the recording on their behalf.

(13.3) The audio recordings referred to in subsections (13) and (13.1) shall remain accessible to victims and persons referred to in subsection 142(3) for a period of not less than 10 years after the date of the hearing in question.

(13.4) Any person who is unable to listen to an audio recording of a hearing because of a hearing impairment is entitled, on request, to be provided with a written transcript of the hearing.”; and

(b)in clause 41, on page 25, by adding the following after line 16:

(4) Subsections 34(13) to (13.4) come into force on a day or days to be fixed by order of the Governor in Council.”.

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersCarignanDagenaisDoyleEatonHousakosMacDonaldManningMarshallMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukWells—27

NAYS

The Honourable Senators

BellemareBernardBlack (Ontario)BoehmBonifaceBoveyBoyerBussonCampbellChristmasCormierCoyleDalphondDaskoDawsonDeacon (Ontario)DeanDuncanDupuisDyckForestFrancisGagnéGoldGreeneGriffinHarderJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMarwahMcCallumMégieMercerMitchellMiville-DechêneMoncionMunsonOmidvarPatePetitclercPratteRavaliaSaint-GermainSimonsSinclairWallinWetstonWoo—52

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Klyne, seconded by the Honourable Senator Bernard, for the third reading of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, as amended.

Debate.


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

The sitting resumed.

Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Klyne, seconded by the Honourable Senator Bernard, for the third reading of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, as amended.

After debate,

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

The bill, as amended, was then read the third time and passed.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill with certain amendments, to which it desires its concurrence.

o o o

Resuming debate on the motion of the Honourable Senator Woo, seconded by the Honourable Senator Gold, for the third reading of 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.

After debate,

In amendment, the Honourable Senator Sinclair moved, seconded by the Honourable Senator Campbell:

That Bill C-48 be not now read a third time, but that it be amended,

(a)on page 2, by adding the following after line 18:

“Rights of Indigenous Peoples of Canada

3.1 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Duty of Minister

3.2 When making a decision under this Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.”; and

(b)on page 16, by adding the following after line 16:

“Review and Report

32 (1) At the start of the fifth year after the day on which this section comes into force, a comprehensive review of the provisions of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

(2) The review undertaken under this section must take into account any report of a regional assessment conducted under section 33.

(3) The committee referred to in subsection (1) must, within one year after the review is undertaken under that subsection, submit a report to the House or Houses of Parliament of which it is a committee.

Regional Assessment

33 (1) Subsections (2) to (7) apply if Bill C-69, introduced in the 1st session of the 42nd Parliament and entitled 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, receives royal assent.

(2) The Minister of the Environment must, no later than 180 days after the day on which both this section and section 93 of the Impact Assessment Act are in force, establish a committee to conduct a regional assessment in relation to activities to which this Act relates.

(3) Before establishing the committee, the Minister of the Environment must offer to the governments of British Columbia, Alberta and Saskatchewan and to any Indigenous governing body within the meaning of section 2 of the Impact Assessment Act that acts on behalf of an Indigenous group, community or people that owns or occupies lands that are located on the part of the coast of British Columbia that is referred to in subsection 4(1) of this Act to enter into an agreement or arrangement respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted.

(4) If an agreement or arrangement referred to in subsection (3) is entered into, the Minister of the Environment must establish — or approve — the committee’s terms of reference and appoint as a member of the committee one or more persons, or approve their appointment.

(5) The committee must submit to the Minister of the Environment a report of the assessment no later than four years after the day on which this section comes into force.

(6) The Minister of the Environment must have the report referred to in subsection (5) laid before each House of Parliament on any of the first 30 days on which that House is sitting after the Minister of the Environment receives it.

(7) The Impact Assessment Act applies to the regional assessment conducted by the committee established under subsection (2) as if that committee were established under section 93 of that Act, with any modifications that may be necessary in the circumstances.”.

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.

o o o

Order No. 3 was called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 22 to 28, 33 and 34, and 36 to 42 were called and postponed until the next sitting.

o o o

Consideration of the thirty-sixth report of the Standing Senate Committee on Social Affairs, Science and Technology (Subject matter of Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures), tabled in the Senate on June 6, 2019.

After debate,

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. 44 was 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.

ADJOURNMENT

At 9:39 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)

Proposed Regulations Amending the Immigration and Refugee Protection Regulations, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 5(2).—Sessional Paper No. 1/42-3108.

Interim Order No. 2 Respecting Battery-powered Hand-held Lasers (81100-3-70-1), dated June 10, 2019, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5).—Sessional Paper No. 1/42-3109.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Miville-Dechêne replaced the Honourable Senator Coyle (June 12, 2019).

The Honourable Senator Simons replaced the Honourable Senator Pate (June 12, 2019).

The Honourable Senator MacDonald replaced the Honourable Senator Tkachuk (June 12, 2019).

The Honourable Senator Doyle replaced the Honourable Senator Eaton (June 12, 2019).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Dasko replaced the Honourable Senator Moodie (June 12, 2019).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Duncan replaced the Honourable Senator Ringuette (June 12, 2019).

Standing Senate Committee on Human Rights

The Honourable Senator Boisvenu replaced the Honourable Senator Wells (June 12, 2019).

The Honourable Senator Wells replaced the Honourable Senator Boisvenu (June 12, 2019).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator McInnis replaced the Honourable Senator Boisvenu (June 12, 2019).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator McCoy replaced the Honourable Senator Griffin (June 12, 2019).