The Members convened were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBlack (Ontario)BoehmBoisvenuBoveyBussonCampbellCarignanCormierCotterDagenaisDalphondDaskoDawsonDeacon (Ontario)DeanForestFureyGagnéGalvezGoldHarderHousakosJafferKeatingLaBoucane-BensonLoffredaMarshallMartinMarwahMassicotteMcCallumMégieMercerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettRinguetteSaint-GermainSeidmanSmithTannasWallinWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBlack (Ontario)BoehmBoisvenuBoveyBussonCampbellCarignanCormierCotterDagenaisDalphondDaskoDawsonDeacon (Ontario)DeanForestFureyGagnéGalvezGoldHarderHousakosJafferKeatingLaBoucane-BensonLoffredaMarshallMartinMarwahMassicotteMcCallumMégieMercerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettRinguetteSaint-GermainSeidmanSmithTannasWallinWoo

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

Tributes

Tribute was paid to the memory of the Honourable David Braley, former senator, whose death occurred on October 26, 2020.

The Senate observed a minute of silence in memory of former senator the Honourable David Braley.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Introduction and First Reading of Senate Public Bills

With leave of the Senate,

The Honourable Senator Jaffer introduced, for the Honourable Senator Miville-Dechêne, Bill S-216, An Act to enact the Modern Slavery Act and to amend the Customs Tariff.

The bill was read the first time.

The Honourable Senator Jaffer moved, for the Honourable Senator Miville-Dechêne, seconded by the Honourable Senator Galvez, that the bill be placed on the Orders of the Day for a second reading two days hence.

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

Reading of Petitions for Private Bills

The first report of the Examiner of Petitions for Private Bills was tabled (Sessional Paper No. 2/43-296S) and reads as follows:

Thursday, October 29, 2020

Pursuant to rule 11-3(3), the Examiner of Petitions for Private Bills has the honour to table his

FIRST REPORT

Your Examiner has duly examined the following petition and finds that the requirements of the Rules of the Senate have been complied with in all material respects:

Of Girl Guides of Canada, of the City of Toronto, in the Province of Ontario; praying for the passage of a private Act to replace its Act of incorporation with a new Act that continues the corporation and makes changes relating to its administration.

Respectfully submitted,

The following petition was read and received:

Of Girl Guides of Canada, of the City of Toronto, in the Province of Ontario; praying for the passage of a private Act to replace its Act of incorporation with a new Act that continues the corporation and makes changes relating to its administration.

Introduction and First Reading of Private Bills

The Honourable Senator Jaffer introduced Bill S-1001, An Act respecting Girl Guides of Canada.

The bill was read the first time.

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Dasko, that the bill be placed on the Orders of the Day for a second reading two days hence.

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

Question Period

The Senate proceeded to Question Period.

Orders of the Day

SPEAKER'S RULING

Honourable senators, I am prepared to rule on the question of privilege raised yesterday by Senator Dalphond concerning motion 37, which proposes a sessional order concerning certain aspects of committee business. Paragraph eight of the motion, which would affect the duration of committee memberships in some situations, was the focus of particular attention. The concern reflects the unfortunate situation of the COVID-19 pandemic, which means that some senators are unable to participate in debate and vote on a motion that may have significant effects on them. Similar issues were raised in a very comprehensive manner in Senator Wallin’s question of privilege, which was addressed in a ruling of June 16, 2020.

The question of privilege was raised without notice under rule 13-4, in light of the specific provision of rule 4-11(2)(a), which deals with a question of privilege relating to a matter on notice. The rule states that if an item is on notice a question of privilege may only be raised “at the time the order is first called for consideration”.

As senators know, there are four criteria that a question of privilege must meet to be dealt with under the processes of Chapter 13 of the Rules. First, the issue must be raised at the earliest opportunity. In this case, the matter was raised several hours after the motion was first called for consideration. Rule 4-11(2)(a) suggests that the most appropriate time to raise the issue may have been when the notice was first called. This provision is, however, very rarely raised, so there may be understandable ambiguity about its application.

The second and third criteria require that a question of privilege must “directly concern the privileges of the Senate, any of its committees or any Senator”, and must be raised “to correct a grave and serious breach”. In considering these points, we must always take account of the fact that privilege exists to allow us to fulfil our duties as members of the Senate. This point has been made in various rulings, including those of May 23, 2013; February 24, 2016; and March 22, 2018. In the first of these rulings, the Speaker noted “… that the privileges and rights exercised by the Senate itself take precedence over those of individual senators”. The rights and privileges of a senator can therefore be restricted by the Senate. Perhaps the most fundamental right of the Senate is control over its internal affairs, including the Rules and the management of Senate business. The Senate adopted its Rules, and the Senate can amend them, suspend certain provisions or temporarily alter their effect, which is what, in essence, the motion at issue proposes to do. On the particular issue on the unfortunate absence of colleagues, we must be clear that, when quorum is present, the Senate can exercise its powers. The decision as to when it will actually do this is in the hands of honourable senators.

The final criterion is that there must be no alternate parliamentary process reasonably available to pursuing a question of privilege. An amendment to motion 37 had been proposed shortly before the question of privilege was raised, and nothing would prevent another amendment. Colleagues can also continue debate, with the goal of persuading each other of their position. Eventually, the Senate can decide to adopt or reject the motion, and that decision would be an expression of its right to manage its internal affairs.

As already noted, a question of privilege must meet all four criteria of rule 13-2(1). Since that is not the case in this situation, the ruling is that the prima facie merits of the matter have not been established. Debate can therefore continue.

Other Business

Reports of Committees – Other

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

Government Business

Bills – Second Reading

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

Motions

Order No. 1 was 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 Tuesday, November 3, 2020, at 2 p.m.

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

Other Business

Senate Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5, 6, 7, 8 and 9 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Moodie, seconded by the Honourable Senator Mégie, for the second reading of Bill S-210, An Act to establish the Office of the Commissioner for Children and Youth in Canada.

After debate,

The Honourable Senator Omidvar moved, for the Honourable Senator Kutcher, seconded by the Honourable Senator Deacon (Ontario), 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. 11 was called and postponed until the next sitting.

o o o

Second reading of Bill S-212, An Act to amend the Criminal Code (disclosure of information by jurors).

The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Dagenais, that the bill be read the second time.

After debate,

The Honourable Senator Moncion moved, seconded by the Honourable Senator Cormier, 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. 13 was called and postponed until the next sitting.

o o o

Second reading of Bill S-214, An Act to amend the Constitution Act, 1867 (property qualifications of Senators).

The Honourable Senator Patterson moved, seconded by the Honourable Senator Batters, that the bill be read the second time.

After debate,

The Honourable Senator Omidvar moved, for the Honourable Senator Duncan, seconded by the Honourable Senator Deacon (Ontario), that further debate on the motion be adjourned until the next sitting.

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

Reports of Committees – Other

Order No. 2 was called and postponed until the next sitting.

Motions

Orders No. 17, 27, 31 and 36 were called and postponed until the next sitting.

o o o

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

That, for the remainder of the session, and notwithstanding any provision of the Rules, usual practice or previous order:

1.the Standing Committee on National Security and Defence be composed of twelve senators, other than the ex officio members;

2.the Committee of Selection; the Standing Committee on Rules, Procedures and the Rights of Parliament; and the Standing Committee on Internal Economy, Budgets and Administration be empowered to elect up to three deputy chairs;

3.all other committees, except the Standing Committee on Ethics and Conflict of Interest for Senators and the joint committees, be empowered to elect up to two deputy chairs;

4.if a committee has elected more than one deputy chair:

(a)the reference to the deputy chair in rule 12-18(2)(b)(ii) be understood as referring to all deputy chairs of the committee acting together;

(b)the reference to the deputy chair in rule 12-23(6) be understood as referring to any deputy chair of the committee acting alone; and

(c)any reference to the deputy chair of a committee in any policy or guideline adopted by the Standing Committee on Internal Economy, Budgets and Administration be understood as referring to all deputy chairs acting together, until the Standing Committee on Internal Economy, Budgets and Administration decides otherwise;

5.the Committee of Selection be a standing committee;

6.the Committee of Selection have power to make recommendations to the Senate on issues relating to meetings of either the Senate or committees by videoconference or teleconference, to the coordination of such meetings and to measures that would facilitate or enhance their operations;

7.if a Senate committee establishes a Subcommittee on Agenda and Procedure, any two members of the subcommittee be authorized to direct the clerk of the committee to convene a meeting of the committee for the purposes of considering a draft agenda by sending a signed letter to the clerk, upon receipt of which the clerk of the committee shall convene a meeting of the committee at the committee’s next meeting time, during a week that the Senate sits, according to the agreed upon schedule for committee meetings that is more than 24 hours after the receipt of the letter;

8.except in the case of the Standing Committee on Ethics and Conflict of Interest for Senators:

(a)except as provided in sub-paragraph (b), if a senator ceases to be a member of a particular recognized party or recognized parliamentary group for any reason, he or she simultaneously cease to be a member of any committee of which he or she is then a member, with the resulting vacancy to be filled by the leader or facilitator of the party or group to which the senator had belonged, following the processes established in rule 12-5;

(b)if a senator ceases to be a member of a recognized party or recognized parliamentary group because that party or group ceases to exist, he or she remain a member of any committee of which he or she was a member, subject to the provisions of sub-paragraph (c), but cease to be chair or deputy chair of any committee on which he or she held such a position, and cease to be a member of any Subcommittee on Agenda and Procedure of which he or she was a member; and

(c)if a non-affiliated senator becomes a member of a recognized party or recognized parliamentary group, he or she thereby cease to be a member of any committee of which he or she is then a member, with the resulting vacancy to be filled either by order of the Senate or the adoption by the Senate of a report of the Committee of Selection; and

9.any changes to the membership of a committee pursuant to paragraph 8 of this order be recorded in the Journals of the Senate.

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

Inquiries

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

MOTIONS

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

That the Senate of Canada call upon the Government of Canada to impose sanctions, pursuant to the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), against Chinese officials in relation to the human rights abuses and systematic persecution of Uighur Muslims in China.

After debate,

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Forest, 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

The Honourable Senator Housakos moved, seconded by the Honourable Senator Oh:

That the Senate of Canada call upon the Government of Canada to impose sanctions, pursuant to the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), against Chinese and Hong Kong officials for the violation of human rights, civil liberties and the principles of fundamental justice and rule of law in relation to the ongoing pro-democracy movement in Hong Kong.

After debate,

The Honourable Senator Cormier moved, for the Honourable Senator McPhedran, seconded by the Honourable Senator Loffreda, 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

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

That, notwithstanding any provision of the Rules or usual practice:

1.for the remainder of the session, the position of Speaker pro tempore be filled by means of a secret ballot by all senators to be held before the end of this year, using a process to be established by the Speaker after consulting with the Leader of the Government, the Leader of the Opposition, and the leader or facilitator of any other recognized party or recognized parliamentary group; and

2.in the period preceding the secret ballot decision provided for under the first paragraph, any vacancy in the office of Speaker pro tempore be filled on an interim basis in accordance with the Rules.

After debate,

The Honourable Senator Dagenais moved, seconded by the Honourable Senator Wallin, 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

The Honourable Senator Moncion moved, seconded by the Honourable Senator Cormier:

That the Senate of Canada call upon the Government of Canada to introduce legislation that would freeze the sessional allowances of parliamentarians for a period that the government considers appropriate in light of the economic situation and the ongoing pandemic or for a maximum period of three years.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Patterson, 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

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

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.

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

SPEAKER'S STATEMENT

Honourable senators, I wish to advise you that, after the required consultations, hybrid sittings of the Senate will begin on Tuesday, November 3, 2020, using Zoom with multi-factor authentication. As of that time, the terms of the order of Tuesday, October 27, 2020, concerning hybrid sittings, will govern proceedings.

ADJOURNMENT

The Honourable Senator Gagné moved, seconded by the Honourable Senator Moncion:

That the Senate do now adjourn.

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

(Accordingly, at 4:46 p.m., the Senate was continued until Tuesday, November 3, 2020, at 2 p.m.)

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

Report of the Chief Public Health Officer on the State of Public Health in Canada for the fiscal year ended March 31, 2020, pursuant to the Public Health Agency of Canada Act, S.C. 2006, c. 5, sbs. 12(2).—Sessional Paper No. 2/43-293.

Summary of the Corporate Plan for 2020-24 and of the Operating and Capital Budgets for 2020 of VIA Rail Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/43-294.

Report of the Canadian Radio-television and Telecommunications Commission on the operation of the National Do Not Call List for the fiscal year ended March 31, 2020, pursuant to the Telecommunications Act, S.C. 1993, c. 38, s. 41.6.—Sessional Paper No. 2/43-295.