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70 Elizabeth II , A.D. 2021, Canada

2nd Session, 43rd Parliament

Issue 49 (Unrevised)

Tuesday, June 15, 2021
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

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

The Members in attendance to business were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBrazeauBussonCampbellCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (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 Petitclerc, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, tabled the sixth report (interim) of the committee, entitled The implementation and success of a federal framework on post-traumatic stress disorder (PTSD) by the Government of Canada.—Sessional Paper No. 2/43-922S.

o o o

The Honourable Senator Petitclerc, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the committee’s seventh report (Bill C-220, An Act to amend the Canada Labour Code (bereavement leave), without amendment).

The Honourable Senator Seidman moved, seconded by the Honourable Senator Martin, 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.

o o o

The Honourable Senator Petitclerc, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the committee’s eighth report (Bill S-211, An Act to establish International Mother Language Day, without amendment).

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Saint-Germain, 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.

o o o

The Honourable Senator Petitclerc, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the committee’s ninth report (Bill C-237, An Act to establish a national framework for diabetes, without amendment).

The Honourable Senator Mégie moved, seconded by the Honourable Senator Saint-Germain, 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.

o o o

The Honourable Senator Jaffer presented the following:

Tuesday, June 15, 2021

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

SEVENTH REPORT

Your committee, to which was referred Bill S-203, An Act to restrict young persons’ online access to sexually explicit material, has, in obedience to the order of reference of March 16, 2021, examined the said bill and now reports the same with the following amendments:

1.Clause 2, page 2: Replace lines 9 and 10 with the following:

Minister means the minister designated under section 2.1. (ministre)”.

2.New clause 2.1, page 2: Add the following after line 22:

“Designation of Minister

2.1 The Governor in Council may, by order, designate any federal minister as the Minister responsible for this Act.”.

3.Clause 6, page 3: Replace line 32 of the English version with the following:

“secuted for the offence under this Act.”.

4.Clause 7, page 4: Replace line 3 of the French version with the following:

“individus âgés d’au moins dix-huit ans l’accès au matériel”.

5.Heading before line 14, page 4: Replace the heading “Notice to Internet Service providers” with “Enforcement”.

6.Clause 9, pages 4 and 5:

(a) On page 4, replace lines 14 to 36 with the following:

9 The Governor in Council may, on the recommendation of the Minister, designate an agency, division or branch of the Government of Canada as the enforcement authority for the purposes of sections 10 and 10.1.”;

(b)on page 5, delete lines 1 to 24.

7.Clause 10, page 5: Replace lines 25 to 31 with the following:

10 (1) If the enforcement authority has reasonable grounds to believe that a person committed an offence under section 4, the enforcement authority may issue a notice to them under this section.

(2) The notice must state

(a) the identity of the person;

(b) that the enforcement authority has reasonable grounds to believe that the person has committed an offence under section 4;

(c) the steps that the enforcement authority considers necessary to ensure compliance with this Act;

(d) that the person must, within 20 days after the notice is issued, take the steps referred to in paragraph (c);

(e) that, if the person fails to take the steps referred to in paragraph (c) within the period set out in paragraph (d), the enforcement authority may apply to the Federal Court for an order requiring Internet service providers to prevent access to the sexually explicit material to young persons on the Internet in Canada; and

(f) that the person may make representations to the enforcement authority in relation to any element of the notice within the period set out in paragraph (d).

10.1 (1) If a person who receives a notice under subsection 10(1) fails to take the steps referred to in paragraph 10(2)(c) within the period set out in paragraph 10(2)(d), the enforcement authority may, within 20 days after the day on which the period ended, apply to the Federal Court for an order requiring Internet service providers to prevent access to the sexually explicit material to young persons on the Internet in Canada.

(2) The enforcement authority that applies for an order under subsection (1) must name, in addition to the non-complying person, any Internet service provider who would be subject to the order as a respondent to the proceedings.

(3) An application made under subsection (1) is to be heard and determined in a summary way in accordance with any special rules in respect of such application under section 46 of the Federal Courts Act.

(4) The Federal Court must order any respondent Internet service providers to prevent access to the sexually explicit material to young persons on the Internet in Canada if it determines that

(a) there are reasonable grounds to believe that the person who has been given notice under subsection 10(1) has committed the offence referred to in section 4;

(b) that person has failed to take the steps referred to in paragraph 10(2)(c) within the period set out in paragraph 10(2)(d); and

(c) the services provided by the Internet service providers who would be subject to the order may be used, in Canada, to access the sexually explicit material made available by that person.

(5) If the Federal Court determines that it is necessary to ensure that the sexually explicit material is not made available to young persons on the Internet in Canada, an order made under subsection (4) may have the effect of preventing persons in Canada from being able to access

(a) material other than sexually explicit material made available by the person who has been given notice under subsection 10(1); or

(b) sexually explicit material made available by the person who has been given notice under subsection 10(1) even if the person seeking to access the material is not a young person.

Annual Report to Parliament

10.2 The Minister must cause to be tabled in each House of Parliament, within three months after the end of the fiscal year or, if a House is not then sitting, on any of the first 15 days on which that House next sits, a report on the administration and implementation of this Act. The report must include, for the previous fiscal year,

(a) the number of notices issued under subsection 10(1);

(b) the number of applications for an order under subsection 10.1(1); and

(c) the outcome of applications made pursuant to subsection 10.1(1).”.

8.Clause 11, page 6: Replace lines 3 to 13 with the following:

“cluding regulations prescribing the age-verification methods referred to in subsection 7(1).”.

Respectfully submitted,

MOBINA S. B. JAFFER

Chair

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Saint-Germain, that the report be placed on the Orders of the Day for consideration at the next sitting.

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

o o o

The Honourable Senator Boniface presented the following:

Tuesday, June 15, 2021

The Standing Senate Committee on National Security and Defence has the honour to present its

SECOND REPORT

Your committee, to which was referred Bill C-228, An Act to establish a federal framework to reduce recidivism, has, in obedience to the order of reference of Thursday, May 27, 2021, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

GWEN BONIFACE

Chair

Observations to the Second Report of the Standing Senate Committee on National Security and Defence (Bill C-228)

Community Integration During Sentence

The committee observes that while the focus of Bill C-228 is primarily to urge the government to fulfill what is already a legal obligation of the Correctional Service of Canada pursuant to s. 3 of the Corrections and Conditional Release Act, the government is urged to more rigorously pursue its efforts to support individuals to successfully rehabilitate and reintegrate by enhancing access to community supports and opportunities for release, including through the development of expanded non-carceral measures of the kind recommended to ss. 29, 81 & 84 by the Senate in 2019 (35th report of the Standing Senate Committee on Social Affairs, Science and Technology, 42nd Parliament, 1st Session), in order to promote safer communities for all.

Missing and Murdered Indigenous Women and Girls

The committee observes that whereas Bill C-228 calls on the Minister of Public Safety and Emergency Preparedness to develop and implement, in consultation with a diverse range of stakeholders, a federal framework designed to reduce recidivism and report back to Parliament, that clause 2(2) be interpreted as requiring review and reference to the Final Report of the MMIWG Inquiry as well as the data sources and the relevant components of the MMIWG National Action Plan and to programs, procedures and practices in other countries that have addressed reduction of recidivism among racialized populations that are over-represented in prisons.

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, 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.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Carignan, P.C., introduced Bill S-236, An Act to amend the Criminal Code, the Criminal Records Act, the National Defence Act and the DNA Identification Act.

The bill was read the first time.

The Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Plett, 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.

o o o

The Honourable Senator Moncion introduced Bill S-237, An Act respecting measures in relation to the financial stability of post-secondary institutions.

The bill was read the first time.

The Honourable Senator Moncion moved, seconded by the Honourable Senator Saint-Germain, 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

Government Business

Bills – Third Reading

Resuming 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 Carignan, P.C., moved, seconded by the Honourable Senator Martin:

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

(a)in the preamble, on page 3, by adding the following after line 4:

“Whereas implementation of the Declaration must respect the respective jurisdictions of the Government of Canada and the governments of the provinces and territories;”;

(b)in clause 4, on page 5, by replacing lines 3 and 4 with the following:

“human rights instrument with application in the laws of Canada; and”;

(c)in clause 6, on page 5, by adding the following after line 14:

(1.1) The Minister must also, when preparing the action plan, consult with the provinces and afford them the opportunity to provide observations.”.

After debate,

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

YEAS

The Honourable Senators

AtaullahjanBattersBoisvenuCarignanDagenaisFrumGreeneHousakosMacDonaldManningMarshallMartinMocklerNgoOhPattersonPlettRichardsSeidmanSmithStewart OlsenWells—22

NAYS

The Honourable Senators

AndersonBellemareBernardBlack (Ontario)BoehmBonifaceBoveyBrazeauBussonChristmasCordyCormierCotterCoyleDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestForest-NiesingFrancisGagnéGalvezGoldGriffinHarderHartlingJafferKlyneKutcherLaBoucane-BensonLoffredaLovelace NicholasMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMoncionMoodieMunsonOmidvarPatePetitclercRavaliaRinguetteSaint-GermainSimonsTannasWetstonWhiteWoo—59

ABSTENTION

The Honourable Senator

Wallin—1

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,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Saint-Germain, 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

Second reading of Bill S-5, An Act to amend the Judges Act.

The Honourable Senator Dalphond moved, seconded by the Honourable Senator Duncan, that the bill be read the second time.

Debate.

ADJOURNMENT

At 9 p.m., pursuant to the orders adopted by the Senate on October 27, 2020, and December 17, 2020, the Senate adjourned until 2 p.m., tomorrow.

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

Statement on the Operations of the Returned Soldiers’ Insurance Act for the fiscal year ended March 31, 2021, pursuant to the Act, S.C. 1920, c. 54, sbs. 17(2).—Sessional Paper No. 2/43-913.

Statement on the Operations of the Veterans Insurance Act for the fiscal year ended March 31, 2021, pursuant to the Act, R.S.C. 1970, c. V-3, sbs. 18(2).—Sessional Paper No. 2/43-914.

Report of the Minister’s Advisory Council, pursuant to the Impact Assessment Act, S.C. 2019, c. 28, s. 1 “118(2) and (4)”.—Sessional Paper No. 2/43-915.

Amendments to the Management Plan for Nahanni National Park Reserve of Canada, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 11(2).—Sessional Paper No. 2/43-916.

Interim Order No. 31 Respecting Certain Requirements for Civil Aviation Due to COVID-19, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6).—Sessional Paper No. 2/43-917.

Report of the Canada Pension Plan Investment Board, together with the Auditors’ Report, for the fiscal year ended March 31, 2021, pursuant to the Canada Pension Plan Investment Board Act, S.C. 1997, c. 40, sbs. 51(2).—Sessional Paper No. 2/43-918.

Report of the Association of Canada Lands Surveyors for the year ended December 31, 2020, pursuant to the Canada Lands Surveyors Act, S.C. 1998, c. 14, sbs. 70(2).—Sessional Paper No. 2/43-919.

2020-21 Annual Report of the Office of the Commissioner of Lobbying of Canada, pursuant to the Lobbying Act, R.S.C. 1985, c. 44 (4th Supp.), s. 11.—Sessional Paper No. 2/43-920.

Annual Report of the Information Commissioner of Canada for the period ended March 31, 2021, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 38.—Sessional Paper No. 2/43-921.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Anderson replaced the Honourable Senator Klyne (June 15, 2021).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Anderson replaced the Honourable Senator Bovey (June 14, 2021).

The Honourable Senator Bovey replaced the Honourable Senator Anderson (June 14, 2021).

The Honourable Senator McCallum replaced the Honourable Senator Woo (June 11, 2021).

Standing Senate Committee on National Finance

The Honourable Senator Galvez replaced the Honourable Senator Pate (June 15, 2021).

The Honourable Senator Duncan replaced the Honourable Senator Dasko (June 15, 2021).

The Honourable Senator Dasko replaced the Honourable Senator Duncan (June 15, 2021).

The Honourable Senator Pate replaced the Honourable Senator Galvez (June 14, 2021).

Standing Senate Committee on National Security and Defence

The Honourable Senator Cotter replaced the Honourable Senator Pate (June 15, 2021).

The Honourable Senator Pate replaced the Honourable Senator Cotter (June 13, 2021).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Saint-Germain (June 14, 2021).

The Honourable Senator Saint-Germain replaced the Honourable Senator Lankin, P.C. (June 13, 2021).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Omidvar replaced the Honourable Senator Simons (June 14, 2021).

The Honourable Senator Mégie replaced the Honourable Senator Pate (June 11, 2021).