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69 Elizabeth II , A.D. 2020, Canada

1st Session, 43rd Parliament

Issue 11 (Unrevised)

Tuesday, February 25, 2020
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBeyakBlack (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckForestForest-NiesingFrancisFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJafferKeatingKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldMarshallMartinMarwahMassicotteMcCallumMcInnisMégieMitchellMiville-DechêneMocklerMoncionMoodieNgoOmidvarPatePattersonPetitclercPlettPoirierRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBeyakBlack (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckForestForest-NiesingFrancisFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJafferKeatingKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldMarshallMartinMarwahMassicotteMcCallumMcInnisMégieMitchellMiville-DechêneMocklerMoncionMoodieNgoOmidvarPatePattersonPetitclercPlettPoirierRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithVernerWallinWellsWetstonWhiteWoo

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

The Honourable the Speaker made a statement on the one hundredth anniversary of dedicated security services on Parliament Hill.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

The Honourable the Speaker tabled the following:

Reports of the Office of the Commissioner of Official Languages for the fiscal year ended March 31, 2019, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 94 and the Privacy Act, R.S.C. 1985, c. P-21, s. 72.—Sessional Paper No. 1/43-348.

Report of the Office of the Parliamentary Budget Officer entitled Labour Market Assessment — 2020, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/43-349.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

SPEAKER'S STATEMENT

Honourable senators, on February 6th Senator Sinclair raised a point of order concerning the possible application of the sub judice convention to a motion moved by Senator Boisvenu. I have since received a request from Senator Boisvenu to allow further consideration of the matter. Although not common, this is not unprecedented, and I will, somewhat exceptionally, allow this in the current case.

Therefore, at the start of Orders of the Day tomorrow, I will hear further new arguments on the point of order. But honourable senators, let me stress that I wish to hear new information only, and I would ask senators to please be brief in their interventions.

Other Business

Reports of Committees – Other

Resuming debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Patterson, for the adoption of the first report (interim) of the Standing Committee on Ethics and Conflict of Interest for Senators, entitled Developments and actions in relation to the committee’s fifth report regarding Senator Beyak, deposited with the Clerk of the Senate on January 31, 2020.

After debate,

The Honourable Senator Verner, P.C., moved, seconded by the Honourable Senator Griffin, that further debate on the motion be adjourned until the next sitting.

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

YEAS

The Honourable Senators

AtaullahjanBattersBlack (Ontario)BoisvenuCampbellCarignanDagenaisDowneDoyleDuffyFrumGreeneGriffinHousakosMacDonaldMarshallMartinMcInnisMocklerPlettPoirierRichardsSeidmanSmithVernerWallinWellsWhite—28

NAYS

The Honourable Senators

AndersonBellemareBernardBonifaceBoveyBoyerBussonCordyCormierCotterCoyleDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisDyckForestForest-NiesingFrancisGagnéGoldHarderHartlingJafferKeatingKlyneKutcherLaBoucane-BensonLankinLoffredaMarwahMassicotteMcCallumMégieMitchellMiville-DechêneMoncionMoodieOmidvarPatePetitclercRavaliaRinguetteSaint-GermainSimonsSinclairWetstonWoo—52

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Patterson, for the adoption of the first report (interim) of the Standing Committee on Ethics and Conflict of Interest for Senators, entitled Developments and actions in relation to the committee’s fifth report regarding Senator Beyak, deposited with the Clerk of the Senate on January 31, 2020.

The Honourable Senator Plett moved, seconded by the Honourable Senator Smith:

That the Senate do now adjourn.

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

YEAS

The Honourable Senators

AtaullahjanBattersBlack (Ontario)BoisvenuCampbellDagenaisDoyleFrumGreeneGriffinHousakosMacDonaldMarshallMartinMcInnisMocklerNgoPlettPoirierRichardsSeidmanSmithVernerWallinWells—25

NAYS

The Honourable Senators

AndersonBellemareBernardBonifaceBoveyBoyerBussonCordyCormierCotterCoyleDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisForestForest-NiesingFrancisGagnéGoldHarderHartlingJafferKeatingKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMarwahMassicotteMcCallumMégieMitchellMiville-DechêneMoncionMoodieOmidvarPatePetitclercRavaliaRinguetteSaint-GermainSimonsSinclairWetstonWoo—51

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Patterson, for the adoption of the first report (interim) of the Standing Committee on Ethics and Conflict of Interest for Senators, entitled Developments and actions in relation to the committee’s fifth report regarding Senator Beyak, deposited with the Clerk of the Senate on January 31, 2020.

The Honourable Senator Black (Ontario) moved, seconded by the Honourable Senator Richards:

That, pursuant to rules 5-7(b) and 12-30(3), the first report of the Standing Committee on Ethics and Conflict of Interest for Senators be referred back to the committee for further consideration.

The question was put on the motion.

Pursuant to rule 9-10(1) and the order adopted by the Senate on February 5, 2020, a standing vote was deferred until 4:15 p.m. at the next sitting, with the bells to sound at 4 p.m. for fifteen minutes.

Government Business

Motions

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

o o o

Resuming debate on the motion of the Honourable Senator Gagné, seconded by the Honourable Senator Gold, P.C.:

That, notwithstanding usual practice, the Senate invite any Minister of the Crown who is not a member of the Senate to enter the chamber during any future Question Period and take part in proceedings by responding to questions relating to his or her ministerial responsibilities, subject to the Rules and practices of the Senate.

In amendment, the Honourable Senator Housakos moved, seconded by the Honourable Senator Mockler:

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

1.by replacing the words “the Senate invite any Minister of the Crown who is not a member of the Senate to enter the chamber during any future Question Period and” by the following:

“for the remainder of the current session, the Senate authorize the Leader of the Opposition in the Senate to make a short statement during any Question Period in order to designate Ministers of the Crown who are not members of the Senate to participate in Question Period;

That these ministers then be deemed invited to enter the chamber during Question Period at a future sitting to”;

2.by replacing the words “his or her” by the word “their”; and

3.by adding the following before the period:

“; and

That the Leader or Deputy Leader of the Government in the Senate advise the Senate of the date that any minister designated by the Leader of the Opposition will be in attendance by making a brief statement during Question Period no later than the fourth day the Senate sits before that date”.

After debate,

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

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

o o o

The Honourable Senator Gagné moved, seconded by the Honourable Senator Gold, P.C.:

That, notwithstanding rules 12-2(2) and 12-3(1) and usual practice, the Honourable Senators Bellemare, Boehm, Deacon (Ontario), Duncan, Forest, Forest-Niesing, Klyne, Marshall, Martin, Mockler, Smith, Tannas and Dawson be appointed to serve on the Standing Senate Committee on National Finance until the earlier of April 1, 2020, the adoption by the Senate of a report of the Committee of Selection recommending the senators to serve as members of the committee, or new members being otherwise named by the Senate.

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

o o o

The Honourable Senator Gagné moved, seconded by the Honourable Senator Gold, P.C.:

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (B) for the fiscal year ending March 31, 2020; and

That, for the purpose of this study, the committee have the power to meet, even though the Senate may then be sitting or adjourned, and that rules 12-18(1) and 12-18(2) be suspended in relation thereto.

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

Other Business

Senate Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5 and 6 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Boisvenu, seconded by the Honourable Senator Marshall, for the second reading of Bill S-207, An Act to amend the Criminal Code (disclosure of information by jurors).

After debate,

The Honourable Senator Duncan 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

Resuming debate on the motion of the Honourable Senator Pate, seconded by the Honourable Senator Petitclerc, for the second reading of Bill S-208, An Act to amend the Criminal Code (independence of the judiciary).

Debate.


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

The sitting resumed.

Senate Public Bills – Second Reading

The Senate resumed debate on the motion of the Honourable Senator Pate, seconded by the Honourable Senator Petitclerc, for the second reading of Bill S-208, An Act to amend the Criminal Code (independence of the judiciary).

After debate,

The Honourable Senator Duncan moved, for the Honourable Senator Jaffer, seconded by the Honourable Senator Woo, 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

Resuming debate on the motion of the Honourable Senator McCallum, seconded by the Honourable Senator Francis, for the second reading of Bill S-209, An Act to Amend the Department for Women and Gender Equality Act.

After debate,

The Honourable Senator Duncan moved, for the Honourable Senator McPhedran, seconded by the Honourable Senator Ravalia, 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. 10 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Miville-Dechêne, seconded by the Honourable Senator Klyne, for the second reading of Bill S-211, An Act to enact the Modern Slavery Act and to amend the Customs Tariff.

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Ravalia, 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. 12, 13, 14, 15 and 16 were called and postponed until the next sitting.

Private Bills – Second Reading

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

Reports of Committees – Other

Orders No. 1, 3, 4 and 5 were called and postponed until the next sitting.

Motions

Orders No. 5, 6, 7, 8, 9, 10, 12, 15, 16, 18, 19 and 22 were called and postponed until the next sitting.

Inquiries

Orders No. 1, 3, 6, 7 and 8 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Coyle, calling the attention of the Senate to the importance of finding the right pathways and actions for Canada and Canadians to meet our net-zero carbon emissions targets in order to slow, arrest and reverse human-caused climate change to ensure a healthy planet, society, economy and democracy.

After debate,

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

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

o o o

Orders No. 10, 11 and 12 were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Pate called the attention of the Senate to the need to examine and evaluate concrete measures available to the Senate to support the implementation of guaranteed livable income initiatives and to promote substantive equality for all Canadians.

After debate,

The Honourable Senator Miville-Dechêne moved, seconded by the Honourable Senator Boniface, that further debate on the inquiry be adjourned until the next sitting.

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

ADJOURNMENT

The Honourable Senator Gagné moved, seconded by the Honourable Senator Gold, P.C.:

That the Senate do now adjourn.

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

(Accordingly, at 9:03 p.m., the Senate was continued until tomorrow at 2 p.m.)

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

Summaries of the Corporate Plan and the Capital and Operating Budgets for the period 2018-19 to 2022-23 of the Canadian Air Transport Security Authority, pursuant to the Financial Administration Act, R.S.C 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/43-338.

Report of the Commissioner of Competition for the fiscal year ended March 31, 2019, pursuant to the Competition Act, R.S.C. 1985, c. C-34, s. 127.—Sessional Paper No. 1/43-339.

Report of the Canadian Beef Cattle Research, Market Development and Promotion Agency, together with the Auditors’ Report, for the year ended December 31, 2019, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/43-340.

Audit Report for the Office of the Auditor General for the fiscal year ended March 31, 2019, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 21(2). —Sessional Paper No. 1/43-341.

Report on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the year 2018, pursuant to the Act, S.C. 1992, c. 52, s. 28.—Sessional Paper No. 1/43-342.

Rocky Mountain House National Historic Site of Canada Management Plan, 2020, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 11(2) and to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(2).—Sessional Paper No. 1/43-343.

Service Fees Report of the Privy Council Office for 2018-19, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 1/43-344.

Annual Report 2018-19 of the Public Service Labour Relations and Employment Board, pursuant to the Federal Public Sector Labour Relations and Employment Board Act, S.C. 2013, c. 40, s. 365.—Sessional Paper No. 1/43-345.

Annual Summary of Steel Import Data for the year 2019, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. E-19, sbs. 5.1(3).—Sessional Paper No. 1/43-346.

Report on the administration and operation of the Canada Health Act for the fiscal year ended March 31, 2019, pursuant to the Act, R.S.C. 1985, c. C-6, s. 23.—Sessional Paper No. 1/43-347.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator MacDonald was added to the membership (February 24, 2020).

The Honourable Senator Plett was removed from the membership of the committee, substitution pending (February 24, 2020).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Plett replaced the Honourable Senator Stewart Olsen (February 25, 2020).