Journals of the Senate
70 Elizabeth II , A.D. 2021, Canada
2nd Session, 43rd Parliament
Issue 42 (Unrevised)
Thursday, May 27, 2021
1:30 p.m.
The Honourable GEORGE J. FUREY, Speaker
The Members convened were:
The Honourable Senators
AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPlettRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart OlsenTannasWallinWellsWetstonWhiteWoo
The Members in attendance to business were:
The Honourable Senators
AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPlettRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart 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
Tabling of Documents
The Honourable the Speaker tabled the following:
Report of the Auditor General of Canada to the Parliament of Canada entitled Health Resources for Indigenous Communities – Indigenous Services Canada, pursuant to the Auditor General Act, R.S. 1985, c. A-17, sbs. 7(5).—Sessional Paper No. 2/43-847.
Report of the Auditor General of Canada to the Parliament of Canada entitled Securing Personal Protective Equipment and Medical Devices, pursuant to the Auditor General Act, R.S. 1985, c. A-17, sbs. 7(5).—Sessional Paper No. 2/43-848.
Presenting or Tabling Reports from Committees
The Honourable Senator Boehm, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled the third report of the committee (Subject matter of Bill C-30, An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures).—Sessional Paper No. 2/43-849S.
(Pursuant to the order adopted May 4, 2021, the report was deemed referred to the Standing Senate Committee on National Finance and placed on Orders of the Day for consideration at the next sitting.)
Government Notices of Motions
With leave of the Senate,
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 (A) for the fiscal year ending March 31, 2022; 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.
Tabling of Reports from Interparliamentary Delegations
The Honourable Senator Munson tabled the following:
Report of the Canada-Japan Inter-Parliamentary Group, Co-Chairs’ Annual Visit to Japan, Hiroshima and Tokyo, Japan, February 11 to 15, 2020.—Sessional Paper No. 2/43-850.
COMMITTEE OF THE WHOLE
At 1:55 p.m., pursuant to the order adopted on May 25, 2021, the Senate was suspended during pleasure and resolved into a Committee of the Whole to consider the subject matter of Bill S-4, An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts, the Honourable Senator Ringuette in the Chair.
—In the Committee—
Pursuant to rule 12-32(4), the Honourable Dominic Leblanc, P.C., M.P., President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs, accompanied by Maia Welbourne, Assistant Secretary to Cabinet, Parliamentary Affairs, Privy Council Office, and Shannon-Marie Soni, Director of Operations, Legislation and House Planning, Privy Council Office, appeared via videoconference.
Debate.
At 3:25 p.m., the committee suspended.
At 3:26 p.m., the committee resumed.
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 examined the subject matter of Bill S-4, An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts, and had directed her to report the same to the Senate.
Question Period
The Senate proceeded to Question Period.
Orders of the Day
Government Business
Bills – Third Reading
Third reading of Bill S-4, An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts.
The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Gold, P.C., that the bill be read for a third time.
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.
Bills – Second Reading
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples.
The Honourable Senator LaBoucane-Benson moved, seconded by the Honourable Senator Gold, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Patterson moved, seconded by the Honourable Senator Martin, 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. 3 was called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
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, June 1, 2021, at 2 p.m.
The question being put on the motion, it was adopted.
Inquiries
Orders No. 1 and 2 were called and postponed until the next sitting.
Other Business
Senate Public Bills – Second Reading
Orders No. 1, 2, 3 and 4 were called and postponed until the next sitting.
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 McCallum 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.
Orders No. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 were called and postponed until the next sitting.
Commons Public Bills – Second Reading
Second reading of Bill C-208, An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation).
The Honourable Senator Griffin moved, seconded by the Honourable Senator White, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the second time.
The Honourable Senator Griffin moved, seconded by the Honourable Senator Forest, that the bill be referred to the Standing Senate Committee on Agriculture and Forestry.
The question being put on the motion, it was adopted.
Second reading of Bill C-210, An Act to amend the Canada Revenue Agency Act (organ and tissue donors).
The Honourable Senator Housakos moved, seconded by the Honourable Senator Martin, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Housakos moved, seconded by the Honourable Senator Martin, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Second reading of Bill C-220, An Act to amend the Canada Labour Code (bereavement leave).
The Honourable Senator Seidman moved, seconded by the Honourable Senator Martin, that the bill be read the second time.
Debate.
Pursuant to rule 3-3(1) and the orders adopted by the Senate on October 27, 2020, and December 17, 2020, the Speaker pro tempore left the Chair to resume the same at 7 p.m.
The sitting resumed.
Commons Public Bills – Second Reading
The Senate resumed debate on the motion of the Honourable Senator Seidman, seconded by the Honourable Senator Martin, for the second reading of Bill C-220, An Act to amend the Canada Labour Code (bereavement leave).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Seidman moved, seconded by the Honourable Senator Martin, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Second reading of Bill C-228, An Act to establish a federal framework to reduce recidivism.
The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, that the bill be referred to the Standing Senate Committee on National Security and Defence.
The question being put on the motion, it was adopted.
Motions
Orders No. 1, 2, 3, 4, 5, 6, 8, 10, 11, 12, 13, 14, 17 and 18 were called and postponed until the next sitting.
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.
The question being put on the motion, it was adopted.
Orders No. 29, 31, 33 and 39 were called and postponed until the next sitting.
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,
In amendment, the Honourable Senator Wells moved, seconded by the Honourable Senator Plett:
That the motion be not now adopted, but that it be amended by replacing the second paragraph by the following:
“That the Senate condemn all criminal acts, including those interfering with the constitutional treaty rights and protections for Mi’kmaw communities and fishers, and call upon all to respect and uphold the Marshall decision in its entirety.”.
After debate,
The question being put on the motion in amendment, it was adopted.
The Senate resumed debate on the motion, as amended, 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 all criminal acts, including those interfering with the constitutional treaty rights and protections for Mi’kmaw communities and fishers, and call upon all to respect and uphold the Marshall decision in its entirety.
Debate.
Ordered: That the sitting continue past the time of adjournment set by the order of May 25, 2021, until the completion of Senator Christmas’ remarks on non-government motion No. 40 today.
The Senate resumed debate on the motion, as amended, 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 all criminal acts, including those interfering with the constitutional treaty rights and protections for Mi’kmaw communities and fishers, and call upon all to respect and uphold the Marshall decision in its entirety.
After debate,
The question being put on the motion, as amended, it was adopted.
ADJOURNMENT
At 8:47 p.m., pursuant to the order adopted by the Senate on May 25, 2021, the Senate adjourned until Tuesday, June 1, 2021, at 2 p.m.
DOCUMENTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7)
Supplementary Estimates (A), 2021-22.—Sessional Paper No. 2/43-833.
Report of the Parliamentary Budget Officer entitled Impact Assessment of Budget 2021 Measures, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 2/43-834.
Legislative Costing Note of the Office of the Parliamentary Budget Officer entitled Employment Insurance Sickness Benefits Extension, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 2/43-835.
Legislative Costing Note of the Office of the Parliamentary Budget Officer entitled Canada Recovery Hiring Program, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 2/43-836.
Legislative Costing Note of the Office of the Parliamentary Budget Officer entitled Digital Services Tax, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 2/43-837.
Legislative Background – Bill C-22, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act.—Sessional Paper No. 2/43-838.
WRITTEN REPLIES TO ORAL QUESTIONS AND TO WRITTEN QUESTIONS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO THE ORDERS ADOPTED OCTOBER 27 AND DECEMBER 17, 2020
Response to the oral question asked in the Senate on November 17, 2020, by the Honourable Senator Plett, concerning the COVID-19 Economic Response Plan.—Sessional Paper No. 2/43-839S.
Response to the oral question asked in the Senate on December 14, 2020, by the Honourable Senator Plett, concerning the settlement of claims.—Sessional Paper No. 2/43-840S.
Response to the oral question asked in the Senate on March 15, 2021, by the Honourable Senator Omidvar, concerning diversity and gender representation on Canadian boards of directors.—Sessional Paper No. 2/43-841S.
Reply to Question No. 7, dated September 23, 2020, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Black Entrepreneurship Program – Global Affairs Canada.—Sessional Paper No. 2/43-842S.
Reply to Question No. 7, dated September 23, 2020, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Black Entrepreneurship Program – Small Business, Export Promotion and International Trade.—Sessional Paper No. 2/43-843S.
Reply to Question No. 62, dated September 30, 2020, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, regarding overseas tax evasion and the “Paradise Papers”.—Sessional Paper No. 2/43-844S.
Reply to Question No. 65, dated September 30, 2020, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, regarding the Canada Revenue Agency – budget to combat tax evasion.—Sessional Paper No. 2/43-845S.
Reply to Question No. 66, dated September 30, 2020, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, regarding the Canada Child Benefit.—Sessional Paper No. 2/43-846S.
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Dagenais was removed from the membership of the committee, substitution pending (May 27, 2021).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Woo replaced the Honourable Senator Saint-Germain (May 27, 2021).
Standing Senate Committee on National Security and Defence
The Honourable Senator Jaffer was added to the membership (May 27, 2021).