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70 Elizabeth II , A.D. 2021, Canada

2nd Session, 43rd Parliament

Issue 48 (Unrevised)

Thursday, June 10, 2021
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonBattersBernardBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart OlsenTannasVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonBattersBernardBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart OlsenTannasVernerWallinWellsWetstonWhiteWoo

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

Presenting or Tabling Reports from Committees

The Honourable Senator Christmas, Chair of the Standing Senate Committee on Aboriginal Peoples, presented the committee’s third report (Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, without amendment but with observations).

(The report is printed as an appendix at pages 698-747 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

Ordered, That the bill be placed on the Orders of the Day for third reading later this day.

o o o

The Honourable Senator Griffin, Chair of the Standing Senate Committee on Agriculture and Forestry, presented the committee’s second report (Bill C-208, An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation), without amendment).

The Honourable Senator Griffin moved, seconded by the Honourable Senator Woo, that the bill be placed on the Orders of the Day for third reading at the next sitting.

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

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Bovey tabled the following:

Report of the Canada-Europe Parliamentary Association, 14th Conference of Parliamentarians of the Arctic Region, Oslo, Norway, April 13 to 14, 2021.—Sessional Paper No. 2/43-912.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

At 2:56 p.m., pursuant to the order adopted on June 8, 2021, the Senate was suspended during pleasure and resolved into a Committee of the Whole to consider the subject matter of Bill C-8, An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada’s call to action number 94), as well as other matters related to the responsibilities of the Minister of Immigration, Refugees and Citizenship, the Honourable Senator Ringuette in the Chair.

—In the Committee—

Pursuant to rule 12-32(4), the Honourable Marco Mendicino, P.C., M.P., Minister of Immigration, Refugees and Citizenship, accompanied by Daniel Mills, Assistant Deputy Minister, Operations, Immigration, Refugees and Citizenship Canada; Catherine Scott, Associate Assistant Deputy Minister, Strategic and Program Policy, Immigration, Refugees and Citizenship Canada; Alec Attfield, Director General, Citizenship, Immigration, Refugees and Citizenship Canada; and Mandy McCarthy, Director, Policy, Planning and Reporting, Settlement Agreements and Childhood Claims Branch, Crown-Indigenous Relations and Northern Affairs Canada; appeared via videoconference.

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 C-8, An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada’s call to action number 94), as well as other matters related to the responsibilities of the Minister of Immigration, Refugees and Citizenship, and had directed her to report the same to the Senate.

Government Business

Bills – Third Reading

Third 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 for a third time.

Debate.


A point of order was raised concerning the use of props.


Pursuant to rule 3-3(1) and the orders adopted by the Senate on October 27, 2020, and December 17, 2020, the Speaker left the Chair to resume the same at 7 p.m.

The sitting resumed.


The point of order raised earlier today was withdrawn.

Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator LaBoucane-Benson, seconded by the Honourable Senator Gold, P.C., for the third reading of Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

After debate,

In amendment, the Honourable Senator McCallum moved, seconded by the Honourable Senator Duncan:

That Bill C-15 be not now read a third time, but that it be amended,

(a) on page 1, by replacing the long title with the following:

“An Act to implement the United Nations Declaration on the Rights of Indigenous Peoples”;

(b) in the preamble,

(i) on page 2, by replacing lines 44 and 45 with the following:

“tion with Indigenous peoples, to implement the Declaration;”,

(ii) on page 3, by replacing line 14 with the following:

“ety to implement the Declara-”;

(c) on page 4, by adding the following after line 25:

Act Binding on Her Majesty

2.1 This Act is binding on Her Majesty in right of Canada.”;

(d) in clause 4, on page 5,

(i) by replacing lines 3 and 4 with the following:

“human rights instrument with force and effect in Canadian law;”,

(ii) by replacing line 6 with the following:

“Canada’s implementation of the Declaration in Canadian law; and

(c) provide that the Declaration informs the broad and purposive interpretation required of the rights and freedoms of — and commitments owed to — Indigenous Peoples in Canada, including those expressed in sections 25 and 35 of the Constitution Act, 1982.”;

(e) in clause 6, on page 5, by replacing lines 13 and 14 with the following:

“isters, prepare and implement an action plan to implement the Declaration.

(1.1) In consulting and cooperating with Indigenous peoples under subsection (1), the Minister and other federal ministers must do so in a meaningful way and must

(a) consult and cooperate with councils, governments and other entities that are authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982; and

(b) adopt an approach specific to each Indigenous group, community or people that respects that Indigenous group, community or people’s laws, traditions and processes.”;

(f) on page 6, by adding the following after line 11:

Participation

6.1 In order to ensure effective and timely participation in development of the action plan under section 6, the Minister must — no later than 60 days after the day on which this Act receives royal assent — make public a process for participation in the development of the action plan and its implementation by individuals and groups including

(a) councils, governments and other entities that are authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982; and

(b) Indigenous organizations and communities.”.

After debate,

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

YEAS

The Honourable Senators

GreeneMcCallumNgoOh—4

NAYS

The Honourable Senators

AndersonBattersBernardBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBussonCampbellCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestForest-NiesingFrancisGagnéGoldGriffinHarderHartlingHousakosKlyneKutcherLaBoucane-BensonLoffredaManningMarshallMartinMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonOmidvarRavaliaRichardsRinguetteSeidmanSimonsSmithTannasWetstonWhiteWoo—60

ABSTENTIONS

The Honourable Senators

BrazeauMacDonaldMcPhedranPattersonStewart Olsen—5

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.


With leave of the Senate,

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

That order No. 59 under the rubric Motions, under Government Business, be brought forward and called now; and

That, notwithstanding any provisions of the Rules, usual practice or previous order, the sitting continue until the completion of deliberations on Bill C-8 for today.

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

o o o

Accordingly, Order No. 59 under GOVERNMENT BUSINESS, Motions, was brought forward.

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 15, 2021, at 2 p.m.

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

Bills – Third Reading

Third reading of Bill C-8, An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada’s call to action number 94).

The Honourable Senator Anderson moved, seconded by the Honourable Senator Duncan, that the bill be read for a third time.

After debate,

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

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.

ADJOURNMENT

At 8:47 p.m., pursuant to the order adopted by the Senate earlier today, the Senate adjourned until Tuesday, June 15, 2021, at 2 p.m.

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

Special Report of the Privacy Commissioner entitled Police Use of Facial Recognition Technology in Canada and the Way Forward, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, ss. 39(1) and 40(1).—Sessional Paper No. 2/43-893.

Report on Investigation of the Office of the Commissioner of Lobbying entitled Mark Aldridge, President & CEO, MCAP Commercial LP, pursuant to the Lobbying Act, R.S.C. 1985, c. 44 (4th Supp.), s. 10.4.—Sessional Paper No. 2/43-894.

Report of the Conflict of Interest and Ethics Commissioner on the performance of his duties and functions under the Conflict of Interest Act in relation to public office holders, for the fiscal year ended March 31, 2021, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 90(1)(b).—Sessional Paper No. 2/43-895.

Legislative Costing Note of the Office of the Parliamentary Budget Officer entitled Modifications to federal financial assistance supports for students and recent graduates, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 2/43-896.

Charter Statement prepared by the Minister of Justice in relation to Bill S-4, An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts.—Sessional Paper No. 2/43-897.

Charter Statement prepared by the Minister of Justice in relation to Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples.—Sessional Paper No. 2/43-898.

Charter Statement prepared by the Minister of Justice in relation to Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation).—Sessional Paper No. 2/43-899.

Charter Statement prepared by the Minister of Justice in relation to Bill C-8, An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada’s call to action number 94).—Sessional Paper No. 2/43-900.

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

Reply to Question No. 59 dated September 23, 2020, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding ventilators – Public Health Agency of Canada.—Sessional Paper No. 2/43-901S.

Reply to Question No. 59 dated September 23, 2020, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding ventilators – Public Services and Procurement Canada.—Sessional Paper No. 2/43-902S.

Reply to Question No. 106, dated December 2, 2020, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Pate, regarding Bill C-7 and individuals with disabilities.—Sessional Paper No. 2/43-903S.

Reply to Question No. 108 dated December 8, 2020, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding cybersecurity – Employment and Social Development Canada.—Sessional Paper No. 2/43-904S.

Reply to Question No. 108 dated December 8, 2020, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding cybersecurity – Innovation, Science and Economic Development Canada.—Sessional Paper No. 2/43-905S.

Reply to Question No. 108 dated December 8, 2020, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding cybersecurity – Public Services and Procurement Canada.—Sessional Paper No. 2/43-906S.

Reply to Question No. 108 dated December 8, 2020, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding cybersecurity – Shared Services Canada.—Sessional Paper No. 2/43-907S.

Reply to Question No. 108 dated December 8, 2020, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding cybersecurity – Women and Gender Equality Canada.—Sessional Paper No. 2/43-908S.

Reply to Question No. 137 dated March 16, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding Export Development Canada’s Canada Account.—Sessional Paper No. 2/43-909S.

Response to the oral question asked in the Senate on February 17, 2021, by the Honourable Senator Dalphond, concerning Bill C-71 and firearms regulations.—Sessional Paper No. 2/43-910S.

Response to the oral question asked in the Senate on May 5, 2021, by the Honourable Senator Simons, concerning Indigenous health services.—Sessional Paper No. 2/43-911S.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Miville-Dechêne replaced the Honourable Senator Forest (June 10, 2021).

The Honourable Senator Mégie replaced the Honourable Senator Loffreda (June 10, 2021).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Cordy replaced the Honourable Senator Anderson (June 10, 2021).

The Honourable Senator Black (Alberta) replaced the Honourable Senator Richards (June 10, 2021).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Saint-Germain replaced the Honourable Senator Omidvar (June 10, 2021).

The Honourable Senator Dean replaced the Honourable Senator Boniface (June 10, 2021).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Simons replaced the Honourable Senator Miville-Dechêne (June 10, 2021).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Pate replaced the Honourable Senator Mégie (June 10, 2021).

The Honourable Senator Mockler replaced the Honourable Senator Poirier (June 10, 2021).