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Journals of the Senate

69 Elizabeth II , A.D. 2020, Canada

2nd Session, 43rd Parliament

Issue 13 (Unrevised)

Thursday, November 19, 2020
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKeatingKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierRavaliaRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKeatingKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierRavaliaRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasWallinWellsWetstonWhiteWoo

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

Government Notices of Motions

With leave of the Senate,

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

That, pursuant to the order adopted by the Senate on November 17, 2020:

1.the Standing Senate Committee on National Finance have the power to meet entirely by videoconference for the purposes of its study of the expenditures set out in the Main Estimates and the Supplementary Estimates (B) for the fiscal year ending March 31, 2021, as authorized by the Senate on November 18, 2020; and

2.the Standing Senate Committee on Legal and Constitutional Affairs have the power to meet entirely by videoconference for the purposes of its study of the subject matter of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), as authorized by the Senate on November 3, 2020; and

That both the Standing Senate Committee on National Finance and the Standing Senate Committee on Legal and Constitutional Affairs be authorized, pursuant to rule 12-18(2)(b)(i), to meet for the purposes of the above studies, between November 23 and 27, 2020, inclusive, even though the Senate may then be adjourned for a period of more than one week.

After debate,

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

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Dagenais tabled the following:

Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie (APF), APF Education, Communication and Cultural Affairs Committee and APF Network of Parliamentarian Women, Hanoï, Vietnam, from February 24 to 28, 2019.—Sessional Paper No. 2/43-429.

Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie, Workshop on enhancing the role of parliamentarians from member states of the Organisation internationale de la Francophonie in the Universal Periodic Review process, Geneva, Switzerland, from December 10 to 11, 2019.—Sessional Paper No. 2/43-430.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Ordered, That Order No. 19 under OTHER BUSINESS, Motions, be brought forward.

Resuming debate on the motion of the Honourable Senator Dalphond, 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 Tannas moved, seconded by the Honourable Senator Downe:

That, pursuant to rule 5-7(b), the question under debate be referred to the Committee of Selection for examination and report.

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

Government Business

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Duncan, seconded by the Honourable Senator Dasko, for the third reading of Bill C-9, An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy).

After debate,

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

The bill 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, without amendment.

Bills – Second Reading

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

Reports of Committees – Other

Resuming debate on the motion of the Honourable Senator Mockler, seconded by the Honourable Senator Martin, for the adoption of the first report of the Standing Senate Committee on National Finance (Subject matter of Bill C-9, An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy)), tabled in the Senate on November 17, 2020.

After debate,

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

Motions

Resuming debate on the motion of the Honourable Senator Gagné, seconded by the Honourable Senator Petitclerc:

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

To Her Excellency the Right Honourable Julie Payette, 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 Gagné moved, seconded by the Honourable Senator Anderson, 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. 16 was withdrawn pursuant to rule 5-10(2).

o o o

With leave of the Senate,

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

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, November 30, 2020, at 6 p.m.

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

Other Business

Senate Public Bills – Second Reading

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

o o o

Second reading of Bill S-204, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs).

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Ngo, that the bill be read the second time.

After debate,

The Honourable Senator Duncan 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 adopted.

o o o

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

o o o

Resuming debate on the motion of the Honourable Senator Pate, seconded by the Honourable Senator Boehm, for the second reading of Bill S-207, An Act to amend the Criminal Code (independence of the judiciary).

After debate,

The Honourable Senator Duncan moved, 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

Orders No. 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 Duncan moved, 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

Orders No. 11 and 12 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 McPhedran, for the second reading of Bill S-213, An Act to amend the Department for Women and Gender Equality Act.

After debate,

The Honourable Senator Pate 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

Orders No. 14, 15, 16 and 17 were called and postponed until the next sitting.

o o o

Second reading of Bill S-218, An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (great apes, elephants and certain other animals).

The Honourable Senator Sinclair moved, seconded by the Honourable Senator Pate, that the bill be read the second time.

Debate.


Pursuant to rule 3-3(1) and the order adopted on October 27, 2020, the Speaker left the Chair to resume the same at 7 p.m.

The sitting resumed.

Senate Public Bills – Second Reading

The Senate resumed debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Pate, for the second reading of Bill S-218, An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (great apes, elephants and certain other animals).

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, 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 2 were called and postponed until the next sitting.

o o o

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

That the Standing Senate Committee on National Security and Defence be authorized to examine and report on the prospect of allowing Huawei Technologies Co., Ltd. to be part of Canada’s 5G network, when and if the committee is formed; and

That the committee submit its final report no later than February 28, 2021.

Debate.

WRITTEN DECLARATION OF ROYAL ASSENT

At 7:31 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:

RIDEAU HALL

November 19, 2020

Mr. Speaker,

I have the honour to inform you that the Right Honourable Julie Payette, Governor General of Canada, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 19th day of November, 2020, at 7:04 p.m.

Yours sincerely,

Assunta Di Lorenzo

Secretary to the Governor General and Herald Chancellor

The Honourable

The Speaker of the Senate

Ottawa

Schedule

Bill Assented To

Thursday, November 19, 2020

An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) (Bill C-9, Chapter 13, 2020)

Other Business

Motions

The Senate resumed debate on the motion of the Honourable Senator Housakos, seconded by the Honourable Senator Martin:

That the Standing Senate Committee on National Security and Defence be authorized to examine and report on the prospect of allowing Huawei Technologies Co., Ltd. to be part of Canada’s 5G network, when and if the committee is formed; and

That the committee submit its final report no later than February 28, 2021.

After debate,

The Honourable Senator Dasko moved, 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

Orders No. 4, 5, 6, 8, 9, 10 and 11 were called and postponed until the next sitting.

o o o

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

That the Senate call upon the Government of Canada to condemn President Recep Tayyip Erdogan’s unilateral actions relating to the status of the Hagia Sophia and to call on Turkey to adhere to its legal commitments and obligations in accordance with Hagia Sophia’s inclusion on UNESCO’s World Heritage List.

After debate,

The Honourable Senator Dasko moved, seconded by the Honourable Senator Duncan, 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. 13, 14 and 17 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Deacon (Ontario), for the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Pate:

That the Standing Senate Committee on Social Affairs, Science and Technology, when and if it is formed, be authorized to examine and report on the future of workers in order to evaluate:

(a)how data and information on the gig economy in Canada is being collected and potential gaps in knowledge;

(b)the effectiveness of current labour protections for people who work through digital platforms and temporary foreign workers programs;

(c)the negative impacts of precarious work and the gig economy on benefits, pensions and other government services relating to employment; and

(d)the accessibility of retraining and skills development programs for workers;

That, in conducting this evaluation, the committee pay particular attention to the negative effects of precarious employment being disproportionately felt by workers of colour, new immigrant and Indigenous workers; and

That the committee submit its final report on this study to the Senate no later than September 30, 2022.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Housakos, 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. 31, 33 and 36 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Francis, seconded by the Honourable Senator Pate:

That the Senate affirm and honour the 1999 Supreme Court of Canada Marshall decision, and call upon the Government of Canada to do likewise, upholding Mi’kmaw treaty rights to a moderate livelihood fishery, as established by Peace and Friendship Treaties signed in 1760 and 1761, and as enshrined in section 35 of the Constitution Act, 1982; and

That the Senate condemn the violent and criminal acts interfering with the exercise of these treaty rights and requests immediate respect for and enforcement of the criminal laws of Canada, including protection for Mi’kmaw fishers and communities.

After debate,

The Honourable Senator Griffin moved, for the Honourable Senator Richards, seconded by the Honourable Senator Downe, 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. 41 and 43 were called and postponed until the next sitting.

Inquiries

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

o o o

Resuming debate on the inquiry of the Honourable Senator Seidman, calling the attention of the Senate to weaknesses within Canada’s long-term care system, which have been exposed by the COVID-19 pandemic.

After debate,

The Honourable Senator Plett moved, seconded by the Honourable Senator Seidman, 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

Order No. 7 was called and postponed until the next sitting.

MOTIONS

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

That the Standing Senate Committee on Banking, Trade and Commerce, when and if it is formed, be authorized to examine and report on the need to review the Bank of Canada Act in order to:

(a)specify that the Bank of Canada’s mandate covers not only price stability, but also the pursuit of maximum employment or full and productive employment, as is the case in the United States, Australia and, recently, New Zealand;

(b)provide for transparency measures regarding the procedure and choice of indicators for the setting of the key policy interest rate, as well as analyses of how the conduct of monetary policy affects the inflation rate, employment and income distribution, and report to Parliament; and

(c)propose to the Minister of Finance items to be included in the five-year agreement between the Bank of Canada and the Government that is to be signed in 2021; and

That the committee submit its final report to the Senate no later than March 31, 2021.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Wells, 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 Boyer moved, seconded by the Honourable Senator Woo:

That the Standing Senate Committee on Human Rights be authorized to examine and report on the forced and coerced sterilization of persons in Canada, particularly related to Indigenous women, when and if the committee is formed; and

That the committee submit its final report on this study to the Senate no later than December 30, 2021.

Debate.

ADJOURNMENT

At 9 p.m., pursuant to the order adopted by the Senate on October 27, 2020, the Senate adjourned until Monday, November 30, 2020, at 6 p.m.

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

Report of the National Capital Commission, together with the Auditor General’s Report, for the fiscal year ended March 31, 2020, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/43-425.

Service Fees Report of Crown-Indigenous Relations and Northern Affairs Canada from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-426.

Report on the administration and enforcement of the fisheries protection and pollution prevention provisions of the Fisheries Act for the fiscal year ended March 31, 2019, pursuant to the Act, R.S.C. 1985, c. F-14, sbs. 42.1(1).—Sessional Paper No. 2/43-427.

Report on the administration of the Atlantic Fisheries Restructuring Act for the fiscal year ended March 31, 2020, pursuant to the Act, R.S.C. 1985, c. A-14, sbs. 8(1).—Sessional Paper No. 2/43-428.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Saint-Germain replaced the Honourable Senator Woo (November 19, 2020).

The Honourable Senator Woo replaced the Honourable Senator Saint-Germain (November 19, 2020).

The Honourable Senator Dawson replaced the Honourable Senator Cordy (November 18, 2020).

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