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70 Elizabeth II , A.D. 2021, Canada

2nd Session, 43rd Parliament

Issue 51 (Unrevised)

Thursday, June 17, 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-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKutcherLaBoucane-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-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKutcherLaBoucane-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 Mockler, Chair of the Standing Senate Committee on National Finance, tabled the sixth report of the committee, entitled The expenditures set out in the Supplementary Estimates (A) for the fiscal year ending March 31, 2022.—Sessional Paper No. 2/43-933S.

o o o

The Honourable Senator Petitclerc, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the committee’s tenth report (Bill S-230, An Act to amend the Citizenship Act (granting citizenship to certain Canadians), without amendment).

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.

Government Notices of Motions

With leave of the Senate,

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 Monday, June 21, 2021, at 2:00 p.m.; and

That, notwithstanding any previous order, there be an evening suspension that day, for one hour, to start at 6 p.m.

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

Notices of Motions

With leave of the Senate,

The Honourable Senator Marwah moved, seconded by the Honourable Senator Woo:

That, notwithstanding rule 12-18(2), the Standing Committee on Internal Economy, Budgets and Administration be authorized to meet during an adjournment of the Senate; and

That, taking into account the exceptional circumstances of the current pandemic of COVID-19, the committee be authorized until the end of the day on September 20, 2021, to hold hybrid meetings or to meet entirely by videoconference, with the provisions of recommendations 3 to 6 of the sixth report of the Committee of Selection, adopted by the Senate on March 30, 2021, applying in relation to any hybrid meetings and to meetings held entirely by videoconference.

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,

You will recall that in early May, Senator Plett raised a point of order concerning a written notice of a question of privilege from Senator Dalphond. The written notice was sent to the Clerk of the Senate on April 26, 2021, and was distributed to all senators, as required by the Rules, on April 27, 2021. The notice was subsequently withdrawn by Senator Dalphond, and the issue never actually came before the Senate.

Senator Plett raised his point of order on May 6, 2021. The Leader of the Opposition was troubled by the content of the written notice and by the fact that it seemed to impugn his motives. He also suggested that the notice misled the Senate and made reference to confidential information arising from negotiations between senators. Senator Dalphond in turn spoke to the issue on May 25, 2021, arguing that there had been no violation of the Rules or of customary procedures and practices.

Honourable senators, the fact that the notice was withdrawn means that, other than the references made to it during debate, its content is not reflected in our parliamentary documents — that is to say in the Journals of the Senate, our official record, and the Debates of the Senate, the edited transcript of our proceedings. A notice was given, but was then withdrawn before any parliamentary action. As Speaker, I feel restricted in how much it would be appropriate for me to deal with such an ephemeral document that never came before this house, and which colleagues never had the chance to debate and consider. I would, in particular, remind you that notices are not normally the subject of points of order unless and until they are moved for adoption or otherwise formally brought before the Senate.

This said, honourable senators, the concerns raised by Senator Plett are understandable. He was the object of serious accusations. One can understand that he felt that his integrity had come under attack, and did not have an opportunity to respond to those accusations other than by raising a point of order. This is an opportunity for me to once again remind colleagues of the importance of restraint and prudence in our actions. We deal with issues that can give rise to strong feelings, and we must do everything we can to prevent those passions from having deleterious effects upon our work on behalf of all Canadians. I encourage all honourable senators to remember that colleagues are seeking the best for their fellow citizens. We should avoid being unduly harsh in our comments about each other, even when we have deep disagreements, and we should never impugn the motives of our colleagues. Such actions have no place in our Senate debates. Avoiding such behaviour will help us all work with one another.

Since the written notice never actually came before the Senate, it would be inappropriate to deal with this matter further. This said, I trust that colleagues will reflect upon my remarks here, and govern themselves accordingly.

Government Business

Bills – Second Reading

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

Reports of Committees – Other

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

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 Gold, P.C., that further debate on the motion be adjourned until the next sitting.

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 – Third Reading

Third reading of Bill S-211, An Act to establish International Mother Language Day.

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

After debate,

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

The bill was then read the third time.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

o o o

Third reading of Bill S-222, An Act to amend the Income Tax Act (use of resources).

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

After debate,

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

The bill was then read the third time.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

Commons Public Bills – Third Reading

Third 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 Black (Alberta), that the bill be read for a third time.

Debate.

DECLARATIONS OF PRIVATE INTERESTS

Pursuant to rule 15-7(1) and subsection 12(1) of the Ethics and Conflict of Interest Code for Senators, a declaration of private interest was made as follows:

The Honourable Senator Jaffer, respecting Bill C-208, An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation), by oral declaration.

Commons Public Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Griffin, seconded by the Honourable Senator Black (Alberta), for the third reading of Bill C-208, An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation).

After debate,

The Honourable Senator Munson moved, seconded by the Honourable Senator Dalphond, 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

Third reading of Bill C-218, An Act to amend the Criminal Code (sports betting).

The Honourable Senator Wells moved, seconded by the Honourable Senator Plett, that the bill be read for a third 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 left the Chair to resume the same at 7 p.m.

The sitting resumed.

Commons Public Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Wells, seconded by the Honourable Senator Plett, for the third reading of Bill C-218, An Act to amend the Criminal Code (sports betting).

After debate,

In amendment, the Honourable Senator White moved, seconded by the Honourable Senator Black (Ontario):

That Bill C-218 be not now read a third time, but that it be amended on page 1 by adding the following after line 9:

2.1 The Act is amended by adding the following after section 207.1:

208 (1) Every person commits an offence who

(a) cheats at gambling; or

(b) does anything for the purpose of enabling or assisting another person to cheat at gambling.

(2) For the purposes of subsection (1), it is immaterial whether a person who cheats

(a) improves their chances of winning anything; or

(b) wins anything.

(3) For the purposes of subsection (1), cheating includes actual or attempted deception or interference in connection with

(a) the process by which gambling is conducted; or

(b) a real or virtual game, race or other event or process to which gambling relates.

(4) Every person who commits an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or

(b) an offence punishable on summary conviction.”.

After debate,

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

YEAS

The Honourable Senators

AndersonBattersBonifaceBoveyBussonCordyDagenaisDawsonDowneForestFrancisGriffinHarderKutcherMcCallumMcPhedranMercerMiville-DechêneMunsonPateSimonsTannasVernerWhite—24

NAYS

The Honourable Senators

AtaullahjanBellemareBlack (Alberta)Black (Ontario)BoehmBoisvenuCarignanCormierCotterDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanFrumHousakosJafferLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMégieMocklerNgoOhPattersonPlettRavaliaRichardsRinguetteSaint-GermainSeidmanSmithWellsWetstonWoo—38

ABSTENTIONS

The Honourable Senators

BernardBrazeauCoyleDaskoDupuisForest-NiesingGagnéGoldLaBoucane-BensonMoncion—10

The Senate resumed debate on the motion of the Honourable Senator Wells, seconded by the Honourable Senator Plett, for the third reading of Bill C-218, An Act to amend the Criminal Code (sports betting).

Debate.


Ordered: That the sitting continue past the time of adjournment set by the orders of October 27, 2020, and December 17, 2020, until the completion of the intervention of the Honourable Senator McCallum on Bill C-218 at third reading today.

Commons Public Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Wells, seconded by the Honourable Senator Plett, for the third reading of Bill C-218, An Act to amend the Criminal Code (sports betting).

After debate,

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

That Bill C-218 be not now read a third time, but that it be amended in clause 2, on page 1, by replacing line 5 with the following:

2 (1) Subsection 207(1) of the Criminal Code is amended by adding the following after paragraph (a):

(a.1) for an Indigenous council, government or other entity that is 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 to conduct and manage a lottery scheme under an agreement or arrangement with the Government of Canada;

(2) Paragraph 207(4)(b) of the Act is re-”.

ADJOURNMENT

At 9:07 p.m., pursuant to the orders adopted by the Senate on October 27, 2020, and December 17, 2020, the Senate adjourned until Monday, June 21, 2021, at 2 p.m.

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

Legislative Costing Note of the Office of the Parliamentary Budget Officer entitled Maintaining Flexible and Uniform Access to Regular, Fishing, and Special Employment Insurance Benefits Across all Regions, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 2/43-930.

Legislative Costing Note of the Office of the Parliamentary Budget Officer entitled Temporarily Waiving the One-week Waiting Period for Employment Insurance Claims, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 2/43-931.

Actuarial Report on the Benefit Plan financed through the Royal Canadian Mounted Police (Dependants) Pension Fund for the period of April 1, 2016, to March 31, 2019, pursuant to the Royal Canadian Mounted Police Pension Continuation Act, R.S.C. 1970, c. R-10, sbs. 56(3).—Sessional Paper No. 2/43-932.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Poirier replaced the Honourable Senator Ataullahjan (June 17, 2021).