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Journals of the Senate

69 Elizabeth II , A.D. 2020, Canada

1st Session, 43rd Parliament

Issue 26 (Unrevised)

Tuesday, June 23, 2020
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonBattersBlack (Ontario)CampbellCormierCoyleDagenaisDalphondDaskoForest-NiesingFureyGagnéGalvezGoldHarderLaBoucane-BensonLoffredaMarshallMartinMassicotteMcPhedranMégieMiville-DechêneMoncionMoodieMunsonPatePattersonPlettRinguetteSeidmanTannasWellsWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonBattersBlack (Ontario)CampbellCormierCoyleDagenaisDalphondDaskoForest-NiesingFureyGagnéGalvezGoldHarderLaBoucane-BensonLoffredaMarshallMartinMassicotteMcPhedranMégieMiville-DechêneMoncionMoodieMunsonPatePattersonPlettRinguetteSeidmanTannasWellsWhiteWoo

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.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Other Business

Reports of Committees – Other

Consideration of the third report 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, presented in the Senate on June 22, 2020.

The Honourable Senator Patterson moved, seconded by the Honourable Senator Seidman, that the report be adopted.

Debate.

Government Business

COMMITTEE OF THE WHOLE

At 3 p.m., pursuant to the order adopted on June 22, 2020, the Senate was suspended during pleasure and resolved into a Committee of the Whole in order to receive the Honourable Bill Morneau, P.C., M.P., Minister of Finance, and the Honourable Jean-Yves Duclos, P.C., M.P., President of the Treasury Board, each accompanied by one official, to consider the expenditures set out in the Main Estimates for the fiscal year ending March 31, 2021, and in the Supplementary Estimates (A) for the fiscal year ending March 31, 2021, the Honourable Senator Ringuette in the Chair.

—In the Committee—

Pursuant to rule 12-32(4), the Honourable Bill Morneau, P.C., M.P., Minister of Finance, and the Honourable Jean-Yves Duclos, P.C., M.P., President of the Treasury Board, each accompanied by one official, were escorted to seats in the Senate Chamber.

Debate.

It was agreed that the chair report to the Senate that the witnesses have been heard.


The sitting of the Senate resumed.

The Chair of the Committee stated that the Committee had considered the expenditures set out in the Main Estimates for the fiscal year ending March 31, 2021, and in the Supplementary Estimates (A) for the fiscal year ending March 31, 2021 and had directed her to report the same to the Senate.

Other Business

Reports of Committees – Other

The Senate resumed debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Seidman, for the adoption of the third report 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, presented in the Senate on June 22, 2020.

After debate,

Pursuant to rule 12-30(2), further debate on the motion was adjourned until the next sitting.

Government Business

Reports of Committees – Other

Consideration of the third report of the Standing Senate Committee on National Finance, entitled Supplementary Estimates (A), 2020-21, tabled in the Senate on June 22, 2020.

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Pate, that the report be adopted.

After debate,

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

Bills – Third Reading

Third reading of Bill C-18, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021.

The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator Gagné, that the bill be read for a third time.

After debate,

The Honourable Senator Coyle moved, seconded by the Honourable Senator Moncion, 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-19, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021.

The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator Gagné, that the bill be read for a third time.

After debate,

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

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

Motions

Orders No. 1 and 7 were called and postponed until the next sitting.

o o o

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

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Thursday, June 25, 2020, at 1:30 p.m.

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

Other Business

Senate Public Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Cordy, for the second reading of Bill S-202, An Act to amend the Criminal Code (conversion therapy).

The Honourable Senator Cormier moved, seconded by the Honourable Senator LaBoucane-Benson, 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. 2 and 3 were called and postponed until the next sitting.

o o o

Ordered: That consideration of Order No. 4 be postponed until the next sitting of the Senate.

o o o

Orders No. 5, 6 and 7 were called and postponed until the next sitting.

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,

Further debate on the motion was adjourned until the next sitting, in the name of the Honourable Senator Mégie.

o o o

Orders No. 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 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, 8 and 9 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Seidman, for the adoption of the second report of the Standing Committee on Ethics and Conflict of Interest for Senators, entitled Consideration of an inquiry report of the Senate Ethics Officer, presented in the Senate on June 18, 2020.

Pursuant to rule 12-30(2), further debate on the motion was adjourned until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Day:

That, in order to preserve the authority, dignity and reputation of the Senate of Canada, and in light of the following reports from the First Session of the Forty-second Parliament:

1.the Senate Ethics Officer’s Inquiry Report under the Ethics and Conflict of Interest Code for Senators concerning [then] Senator Don Meredith, dated March 9, 2017;

2.the Second Report of the Standing Committee on Ethics and Conflict of Interest for Senators presented on May 7, 2017;

3.the Senate Ethics Officer’s Inquiry Report under the Ethics and Conflict of Interest Code for Senators concerning former Senator Don Meredith, dated June 28, 2019; and

4.the Sixth Report of the Standing Committee on Ethics and Conflict of Interest for Senators tabled on July 29, 2019;

the Standing Committee on Ethics and Conflict of Interest for Senators be authorized to examine and report on the advisability of adopting the following motion:

That the Senate call on the Prime Minister to recommend to Her Excellency the Governor General that former senator Don Meredith be excluded from the application of section 6 of the Table of Titles to be used in Canada, and no longer entitled to the style of “Honourable”, and that former senator Meredith no longer receive any precedence or status that would normally be accorded a former senator.;

That in conducting its examination of this question, the committee afford former Senator Meredith the opportunity to be heard by the committee;

That notwithstanding the provisions of rule 12-28(1), the committee be empowered to meet in public for the purposes of this study if it accepts a request from former Senator Meredith to that effect; and

That the committee present its final report no later than January 31, 2020.

The Honourable Senator Coyle moved, seconded by the Honourable Senator Moncion, 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. 6 was called and postponed until the next sitting.

o o o

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

That the Standing Senate Committee on National Security and Defence be authorized to examine and report on the body of issues known as “intelligence to evidence”, when and if the committee is formed; and

That the committee submit its final report no later than December 31, 2020.

Ordered: That further debate on the motion be adjourned until the next sitting, in the name of the Honourable Senator Plett.

o o o

Resuming debate on the motion of the Honourable Senator Housakos, seconded by the Honourable Senator Ngo:

That the Senate call upon the Government of Canada to impose sanctions against Chinese and/or Hong Kong officials, pursuant to the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), in light of the violation of human rights, of the principles of fundamental justice and of the rule of law in relation to the ongoing protests in Hong Kong and to the systematic persecution of minority Muslims in China.

After debate,

The Honourable Senator Coyle moved, seconded by the Honourable Senator Moncion, 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. 9 and 10 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Woo, seconded by the Honourable Senator Saint-Germain:

That the Rules of the Senate be amended:

1.by replacing rule 3-6(2) by the following:

“Adjournment extended

3-6. (2) Whenever the Senate stands adjourned, if the Speaker is satisfied that the public interest does not require the Senate to meet at the date and time stipulated in the adjournment order, the Speaker shall, after consulting all the leaders and facilitators, or their designates, determine an appropriate later date or time for the next sitting.”;

2.by replacing rule 4-2(8)(a) by the following:

“Extending time for Senators’ Statements

4-2. (8)(a) At the request of a whip or the designated representative of a recognized party or recognized parliamentary group, the Speaker shall, at an appropriate time during Senators’ Statements, seek leave of the Senate to extend Statements. If leave is granted, Senators’ Statements shall be extended by no more than 30 minutes.”;

3.by replacing rule 4-3(1) by the following:

“Tributes

4-3. (1) At the request of any leader or facilitator, the period for Senators’ Statements shall be extended by no more than 15 minutes for the purpose of paying tribute to a current or former Senator.”;

4.by replacing rules 6-3(1)(a), (b) and (c) by the following:

“Leaders and facilitators

(a) any leader or facilitator shall be permitted up to 45 minutes for debate;

Sponsor of a bill

(b) the sponsor of a bill shall be allowed up to 45 minutes for debate at second and third reading;

Spokesperson on a bill

(c) the spokesperson on a bill from each recognized party and recognized parliamentary group, except for the party or group to which the sponsor belongs, shall be allowed up to 45 minutes for debate at second and third reading; and”;

5.by replacing rule 6-5(1)(b) by the following:

“(b) the time remaining, not to exceed 15 minutes, if the Senator who yielded is a leader or facilitator.”;

6.by replacing the portion of rule 7-1(1) before paragraph (a) by the following:

“Agreement to allocate time

7-1. (1) At any time during a sitting, the Leader or the Deputy Leader of the Government may state that the representatives of the recognized parties and recognized parliamentary groups have agreed to allocate a specified number of days or hours either:”;

7.by replacing the portion of rule 7-2(1) before paragraph (a) by the following:

“No agreement to allocate time

7-2. (1) At any time during a sitting, the Leader or the Deputy Leader of the Government may state that the representatives of the recognized parties and recognized parliamentary groups have failed to agree to allocate time to conclude an adjourned debate on either:”;

8.by replacing rule 7-3(1)(f) by the following:

“(f) Senators may speak for a maximum of 10 minutes each, provided that a leader or facilitator may speak for up to 30 minutes;”;

9.by replacing rules 9-5(1), (2) and (3) by the following:

“(1) The Speaker shall ask the whips and the designated representatives of the recognized parties and recognized parliamentary groups if there is an agreement on the length of time the bells shall ring.

(2) The time agreed to shall not be more than 60 minutes.

(3) With leave of the Senate, the agreement on the length of the bells shall constitute an order to sound the bells for that length of time.”;

10.by replacing rule 9-10(1) by the following:

“Deferral of standing vote

9-10. (1) Except as provided in subsection (5) and elsewhere in these Rules, when a standing vote has been requested on a question that is debatable, a whip or the designated representative of a recognized party or recognized parliamentary group may defer the vote.

EXCEPTIONS

Rule 7-3(1)(h): Procedure for debate on motion to allocate time

Rule 7-4(5): Question put on time-allocated order

Rule 12-30(7): Deferred vote on report

Rule 12-32(3)(e): Procedure in Committee of the Whole

Rule 13-6(8): Vote on case of privilege automatically deferred in certain circumstances”;

11.by replacing rule 9-10(4) by the following:

“Vote deferred to Friday

9-10. (4) Except as otherwise provided, if a vote has been deferred to a Friday, a whip or the designated representative of a recognized party or recognized parliamentary group may, at any time during a sitting, further defer the vote to 5:30 p.m. on the next sitting day, provided that if the Senate only meets after 5 p.m. on that day, the vote shall take place immediately before the Orders of the Day.

EXCEPTIONS

Rule 12-30(7): Deferred vote on report

Rule 13-6(8): Vote on case of privilege automatically deferred in certain circumstances”;

12.by replacing rule 12-3(3) by the following:

“Ex officio members

12-3.(3) In addition to the membership provided for in subsections (1) and (2), the Leader of the Government, or the Deputy Leader if the Leader is absent, and the leader or facilitator of each recognized party and recognized parliamentary group, or a designate if a leader or facilitator is absent, are ex officio members of all committees except the Standing Committee on Ethics and Conflict of Interest for Senators and the joint committees. The ex officio members of committees have all the rights and obligations of a member of a committee, but shall not vote.”;

13.by adding the word “and” at the end of rule 12-5(a) in the English version, and by replacing rules 12-5(b) and (c) by the following:

“(b) the leader or facilitator of a recognized party or recognized parliamentary group, or a designate, for a change of members of that party or group.”;

14.by replacing rule 12-8(2) by the following:

“Service fee proposals

12-8. (2) When the Leader or Deputy Leader of the Government tables a service fee proposal, it is deemed referred to the standing or special committee designated by the Leader or Deputy Leader of the Government following consultations with the leaders and facilitators of the recognized parties and recognized parliamentary groups, or their designates.

REFERENCE

Service Fees Act, subsection 15(1)”;

15.by replacing rule 12-18(2)(b)(ii) by the following:

“(ii) with the signed consent of the majority of the leaders and facilitators, or their designates, in response to a written request from the chair and deputy chair.”;

16.by replacing rule 12-27(1) by the following:

“Appointment of committee

12-27. (1) As soon as practicable at the beginning of each session, the Leader of the Government shall move a motion, seconded by the other leaders and the facilitators, on the membership of the Standing Committee on Ethics and Conflict of Interest for Senators. This motion shall be deemed adopted without debate or vote, and a similar motion shall be moved for any substitutions in the membership of the committee.

REFERENCE

Ethics and Conflict of Interest Code for Senators, subsection 35(4)”;

17.in Appendix I:

(a)by deleting the definition “Critic of a bill”;

(b)by deleting the definition “Ordinary procedure for determining duration of bells”; and

(c)by adding the following new definitions in alphabetical order:

Designated representative of a recognized party or a recognized parliamentary group

The Senator designated from time to time by the leader or facilitator of a recognized party or a recognized parliamentary group without a whip as that group or party’s representative for a purpose or purposes set out in these Rules. (Représentant désigné d’un parti reconnu ou d’un groupe parlementaire reconnu)”;

Leaders and facilitators

The Government Leader and the leaders and facilitators of the recognized parties and recognized parliamentary groups (see definitions of “Leader of the Government”, “Leader of the Opposition” and “Leader or facilitator of a recognized party or recognized parliamentary group”). (Leaders et facilitateurs)”; and

Spokesperson on a bill

The lead Senator speaking on a bill from each recognized party and recognized parliamentary group, as designated by the leader or facilitator of the party or group in question. (Porte-parole d’un projet de loi)”; and

18.by updating all cross-references in the Rules, including the lists of exceptions, accordingly; and

That the Ethics and Conflict of Interest Code for Senators be amended by deleting subsection 35(5), and renumbering other subsections and cross-references accordingly.

After debate,

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

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

1.by replacing point number 4 by the following:

“4. by replacing rules 6-3(1)(a), (b), (c) and (d) by the following:

“Leaders and facilitators

(a) any leader or facilitator shall be permitted up to 45 minutes for debate;

Sponsor of a bill

(b) the sponsor of a bill shall be allowed up to 45 minutes for debate at second and third reading;

Critic of a bill

(c) the critic of a bill shall be allowed up to 45 minutes for debate at second and third reading;

Spokesperson on a bill

(d) the spokesperson on a bill from each recognized party and recognized parliamentary group, except those of the sponsor and critic, shall be allowed up to 45 minutes for debate at second and third reading; and

Others

(e) other Senators shall speak for no more than 15 minutes in debate.”;”;

2.in point number 12, by deleting the words “, but shall not vote”;

3.by deleting current point number 13 and renumbering current points number 14 to 18 as points number 13 to 17; and

4.in current point number 17, by replacing sub-point (a) by the following:

“(a) by replacing the words “(Porte-parole d’un projet de loi)” at the end of the definition of “Critic of a bill” by the words “(Critique d’un projet de loi)”;”.

After debate,

The Honourable Senator Woo moved, seconded by the Honourable Senator Dasko, 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

Orders No. 15, 16, 18, 19, 20, 22, 25, 26, 30, 31, 47, 51 and 53 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Pate:

That a Special Senate Committee on Systemic Racism be appointed to conduct a review of systemic racism in Canada;

That, without limiting its mandate, the committee be authorized:

1.to review the extent and scope of anti-Indigenous racism, anti-Black racism, and systemic racism in federal institutions and agencies;

2.to review the federal government’s role in eliminating anti-Indigenous racism, anti-Black racism, and systemic racism both within federal institutions and agencies and in Canadian society generally; and

3.to identify priorities and recommendations for government action to combat anti-Indigenous, anti-Black, and systemic racism;

That the committee be composed of 12 members, to be nominated by the Committee of Selection, and that 5 members constitute a quorum;

That the committee have the power to send for persons, papers and records; to hear witnesses; and to publish such papers and evidence from day to day as may be ordered by the committee;

That, notwithstanding any provision of the Rules or usual practices, and taking into account the exceptional circumstances of the current pandemic of COVID-19, the committee have the power to meet by videoconference or teleconference, if technically feasible for any purposes of:

1.the study authorized by this order;

2.an organization meeting pursuant to rule 12-13; or

3.electing a chair or deputy chair if there is a vacancy in either of those positions;

That both senators and witnesses be allowed to participate in meetings of this committee by videoconference or teleconference, with such meetings being considered for all purposes to be meetings of the committee in question, and senators taking part in such meetings being considered for all purposes to be present at the meeting;

That, for greater certainty, and without limiting the general authority granted by this order, when the committee meets by videoconference or teleconference:

1.members of the committee participating count towards quorum;

2.priority be given to ensuring that members of the committee are able to participate;

3.such meetings be considered to be occurring in the parliamentary precinct, irrespective of where participants may be; and

4.the committee be directed to approach in camera meetings with all necessary precaution, taking account of the risks to confidentiality inherent in such technologies;

That, when the committee meets by videoconference or teleconference, the provisions of rule 14-7(2) be applied so as to allow recording or broadcasting through any facilities arranged by the Clerk of the Senate, and, if a meeting being broadcast or recorded cannot be broadcast live, the committee be considered to have fulfilled the requirement that a meeting be public by making any available recording publicly available as soon as possible thereafter;

That there be a minimum of 72 hours’ notice for a meeting of the committee by videoconference or teleconference, subject to technical feasibility;

That, the committee be authorized to report from time to time, submit a comprehensive interim report no later than six months after its organization meeting, and submit its final report no later than six months after the tabling or presenting of the comprehensive interim report;

That the committee be permitted to deposit its reports with the Clerk of the Senate if the Senate is not then sitting, with the reports then being deemed to have been tabled or presented in the Senate; and

That the committee retain the powers necessary to publicize its findings for 60 days after submitting its final report.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, 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. 56 was called and postponed until the next sitting.

Inquiries

Orders No. 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14 and 15 were called and postponed until the next sitting.

MOTIONS

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

That the fourth report of the Special Committee on the Arctic entitled Northern Lights: A Wake-Up Call for the Future of Canada, tabled in the Senate on June 11, 2019, during the First session of the Forty-second Parliament, be placed on the Orders of the Day under Other Business, Reports of Committees – Other, for consideration two days hence.

After debate,

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

o o o

The Honourable Senator Dalphond moved, seconded by the Honourable Senator Galvez:

That, notwithstanding any provision of the Rules, previous order or usual practice, upon the adoption of this motion, the provisions of the motion adopted by the Senate on March 11, 2020, relating to committees, as moved by the Honourable Senator Woo and seconded by the Honourable Senator Plett, cease to have effect.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, that further debate on the motion 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 7:41 p.m., the Senate was continued until Thursday, June 25, 2020, at 1:30 p.m.)

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

Report on the Activities of the Office of the Parliamentary Budget Officer for 2019-20, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 79.22.—Sessional Paper No. 1/43-585.

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