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70 Elizabeth II , A.D. 2021, Canada

2nd Session, 43rd Parliament

Issue 55 (Unrevised)

Monday, June 28, 2021
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieNgoOhOmidvarPatePattersonPetitclercPlettRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart OlsenTannasVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieNgoOhOmidvarPatePattersonPetitclercPlettRavaliaRichardsRinguetteSaint-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

SPEAKER'S STATEMENT

Honourable senators, last week, the Cowessess First Nation announced that 751 unmarked graves had been discovered on their land, many believed to be children who attended the former Marieval Residential School in Saskatchewan.

Coming on the heels of the earlier discovery in Kamloops, this horrific discovery reinforces the deeply disturbing legacy of Canada’s residential school system, and further underscores the importance of reconciliation with our Indigenous peoples.

On behalf of all senators, I again express our shock, and our hopes and prayers for the memory of the children, and for peace for their families and all those who have had their lives tragically affected by residential schools.

I now invite all honourable senators to rise for a minute of silence in their memory.

o o o

The Senate observed a minute of silence following the tragic discovery of 751 unmarked graves, believed to be children who attended the former Marieval Residential School in Saskatchewan.

Senators’ Statements

Some Honourable Senators made statements.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Second Reading

Second reading of Bill C-30, An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures.

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

Second reading of Bill C-12, An Act respecting transparency and accountability in Canada’s efforts to achieve net-zero greenhouse gas emissions by the year 2050.

The Honourable Senator Galvez moved, seconded by the Honourable Senator Gagné, 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 Galvez moved, seconded by the Honourable Senator Gagné, 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

Resuming debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Gold, P.C., for the second reading of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts.

Debate.


At 5:23 p.m., the sitting was suspended.

At 5:29 p.m., the sitting resumed.

Bills – Second Reading

The Senate resumed debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Gold, P.C., for the second reading of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts.

Debate.


Pursuant to rule 3-3(1) and the order adopted by the Senate on June 23, 2021, the Speaker left the Chair to resume the same at 7 p.m.

The sitting resumed.

Bills – Second Reading

The Senate resumed debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Gold, P.C., for the second reading of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts.

After debate,

The Honourable Senator Richards moved, seconded by the Honourable Senator Black (Ontario), 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

Resuming debate on the motion of the Honourable Senator Cormier, seconded by the Honourable Senator Gold, P.C., for the second reading of Bill C-6, An Act to amend the Criminal Code (conversion therapy).

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 Cormier moved, seconded by the Honourable Senator Gold, P.C., that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

o o o

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

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

Inquiries

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

Other Business

Senate Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Miville-Dechêne, seconded by the Honourable Senator Moncion, for the third reading of Bill S-203, An Act to restrict young persons’ online access to sexually explicit material, as amended.

After debate,

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

The bill, as amended, 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.

Senate Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5, 6, 7 and 8 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Boisvenu, seconded by the Honourable Senator Seidman, for the second reading of Bill S-219, An Act to amend the Corrections and Conditional Release Act (disclosure of information to victims).

After debate,

The Honourable Senator Pate 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. 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

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

Motions

Orders No. 1, 2 and 3 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 Oh:

That the Senate of Canada call upon the Government of Canada to impose sanctions, pursuant to the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), against Chinese and Hong Kong officials for the violation of human rights, civil liberties and the principles of fundamental justice and rule of law in relation to the ongoing pro-democracy movement in Hong Kong.

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. 6, 8, 10, 11 and 12 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 Human Rights be authorized to examine and report on the ongoing persecution and unlawful detention of Uighur Muslims in mainland China, when and if the committee is formed; and

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

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. 14, 17, 18, 28, 31, 39, 41 and 43 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Woo:

That, in light of a recent Nanos poll demonstrating strong support amongst Canadians to provide a way for temporary foreign workers to remain in Canada, the Senate call on the Government of Canada to create pathways to citizenship or permanent residency for essential temporary migrant workers across all sectors; and

That the Senate call on the Government of Canada to table a status report on this issue within 100 days of the adoption of this order.

After debate,

The Honourable Senator Housakos 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.

o o o

Orders No. 65 and 69 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator McPhedran, seconded by the Honourable Senator Woo:

That, in relation to Senator Leila M. de Lima, an incumbent senator of the Republic of the Philippines, who was arrested and has been arbitrarily detained since February 24, 2017, on politically motivated illegal drug trading charges filed against her by the Duterte government, and who continues to be detained without bail, despite the lack of any material evidence presented by the Philippine government prosecutors, the Senate:

(a)condemn the Philippine government’s unjust and arbitrary detention of Senator Leila M. de Lima;

(b)urge the Philippine government to immediately release Senator de Lima, drop all charges against her, remove restrictions on her personal and work conditions and allow her to fully discharge her legislative mandate;

(c)call on the government of Canada to invoke sanctions pursuant to the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) against all Philippine government officials complicit in the jailing of Senator de Lima;

(d)call on the Philippine government to recognize the primacy of human rights and the rule of law, as well as the importance of human rights defenders and their work and allow them to operate freely without fear of reprisal; and

(e)urge other parliamentarians and governments globally to likewise pressure the Duterte government to protect, promote and uphold human rights and the rule of law as essential pillars of a free and functioning democratic society in the Philippines.

After debate,

In amendment, the Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Dalphond:

That the motion be not now adopted, but that it be amended by replacing point (c) with the following:

“(c) draw attention to the plight of Senator de Lima and urge the government of Canada to join with other countries in actively advocating for her release, and to determine and pursue all mechanisms and options that can be brought to bear, be it moral suasion, diplomatic intervention and influence, multilateral action or legislative tools, up to and including the consideration of the use of sanctions pursuant to the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), within its discretionary executive remit and as it deems most appropriate to this cause;”.

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

The Senate resumed debate on the motion, as amended, of the Honourable Senator McPhedran, seconded by the Honourable Senator Woo:

That, in relation to Senator Leila M. de Lima, an incumbent senator of the Republic of the Philippines, who was arrested and has been arbitrarily detained since February 24, 2017, on politically motivated illegal drug trading charges filed against her by the Duterte government, and who continues to be detained without bail, despite the lack of any material evidence presented by the Philippine government prosecutors, the Senate:

(a)condemn the Philippine government’s unjust and arbitrary detention of Senator Leila M. de Lima;

(b)urge the Philippine government to immediately release Senator de Lima, drop all charges against her, remove restrictions on her personal and work conditions and allow her to fully discharge her legislative mandate;

(c)draw attention to the plight of Senator de Lima and urge the government of Canada to join with other countries in actively advocating for her release, and to determine and pursue all mechanisms and options that can be brought to bear, be it moral suasion, diplomatic intervention and influence, multilateral action or legislative tools, up to and including the consideration of the use of sanctions pursuant to the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), within its discretionary executive remit and as it deems most appropriate to this cause;

(d)call on the Philippine government to recognize the primacy of human rights and the rule of law, as well as the importance of human rights defenders and their work and allow them to operate freely without fear of reprisal; and

(e)urge other parliamentarians and governments globally to likewise pressure the Duterte government to protect, promote and uphold human rights and the rule of law as essential pillars of a free and functioning democratic society in the Philippines.

After debate,

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

o o o

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

That,

(a)in the opinion of the Senate, the People’s Republic of China has engaged in actions consistent with the United Nations General Assembly Resolution 260, commonly known as the “Genocide Convention”, including detention camps and measures intended to prevent births as it pertains to Uyghurs and other Turkic Muslims; and

(b)given that (i) where possible, it has been the policy of the Government of Canada to act in concert with its allies when it comes to the recognition of a genocide, (ii) there is a bipartisan consensus in the United States where it has been the position of two consecutive administrations that Uyghur and other Turkic Muslims are being subjected to a genocide by the Government of the People’s Republic of China, the Senate, therefore, recognize that a genocide is currently being carried out by the People’s Republic of China against Uyghurs and other Turkic Muslims, call upon the International Olympic Committee to move the 2022 Olympic Games if the Chinese government continues this genocide and call on the government to officially adopt this position; and

That a message be sent to the House of Commons to acquaint that house with the above.

After debate,

In amendment, the Honourable Senator Dalphond moved, seconded by the Honourable Senator Galvez:

That the motion be not now adopted, but that it be amended by replacing point (b) with the following:

“(b) given that, where possible, it has been the policy of the Government of Canada to act in concert with its allies when it comes to the recognition of genocide, the Senate call upon the Government of Canada to continue, in concert with its allies, to urge China to allow immediate, meaningful and unfettered access to Xinjiang for independent observers, including the United Nations High Commissioner for Human Rights, and to urgently implement the Committee on the Elimination of Racial Discrimination’s eight recommendations related to Xinjiang, including by ending the arbitrary detention of Uyghurs and members of other Muslim minorities; and”.

The Honourable Senator Duncan moved, seconded by the Honourable Senator Woo, that further debate on the motion in amendment be adjourned until the next sitting.


A point of order was raised with respect to recognition in debate.

SPEAKER'S RULING

I recognized Senator Duncan, and she moved adjournment of the debate. We are now voting on the motion put forward by Senator Duncan.


The question was put on the motion moved by the Honourable Senator Duncan, seconded by the Honourable Senator Woo, that further debate on the motion in amendment be adjourned until the next sitting.

Pursuant to rule 9-3, a standing vote was requested, with the bells to ring for sixty minutes.

Ordered, That the standing vote be not proceeded with and the motion be withdrawn.

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

That,

(a)in the opinion of the Senate, the People’s Republic of China has engaged in actions consistent with the United Nations General Assembly Resolution 260, commonly known as the “Genocide Convention”, including detention camps and measures intended to prevent births as it pertains to Uyghurs and other Turkic Muslims; and

(b)given that (i) where possible, it has been the policy of the Government of Canada to act in concert with its allies when it comes to the recognition of a genocide, (ii) there is a bipartisan consensus in the United States where it has been the position of two consecutive administrations that Uyghur and other Turkic Muslims are being subjected to a genocide by the Government of the People’s Republic of China, the Senate, therefore, recognize that a genocide is currently being carried out by the People’s Republic of China against Uyghurs and other Turkic Muslims, call upon the International Olympic Committee to move the 2022 Olympic Games if the Chinese government continues this genocide and call on the government to officially adopt this position; and

That a message be sent to the House of Commons to acquaint that house with the above.

And on the motion in amendment of the Honourable Senator Dalphond, seconded by the Honourable Senator Galvez:

That the motion be not now adopted, but that it be amended by replacing point (b) with the following:

“(b) given that, where possible, it has been the policy of the Government of Canada to act in concert with its allies when it comes to the recognition of genocide, the Senate call upon the Government of Canada to continue, in concert with its allies, to urge China to allow immediate, meaningful and unfettered access to Xinjiang for independent observers, including the United Nations High Commissioner for Human Rights, and to urgently implement the Committee on the Elimination of Racial Discrimination’s eight recommendations related to Xinjiang, including by ending the arbitrary detention of Uyghurs and members of other Muslim minorities; and”.

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

YEAS

The Honourable Senators

BellemareBernardBoveyCordyDalphondDawsonDowneFrancisHarderMcPhedranMercerOmidvarPateSimonsWhite—15

NAYS

The Honourable Senators

AtaullahjanBattersBlack (Alberta)Black (Ontario)BoisvenuBonifaceBussonCarignanCotterCoyleDeanDuncanGriffinHousakosKlyneLoffredaMacDonaldManningMarshallMartinMarwahMoncionNgoOhPattersonPetitclercPlettRavaliaRichardsSaint-GermainSeidmanSmithStewart OlsenTannasWallinWellsWetstonWoo—38

ABSTENTIONS

The Honourable Senators

BoehmCormierDagenaisDeacon (Nova Scotia)ForestGagnéGalvezGoldKutcherLaBoucane-BensonLankinMégieMoodieRinguette—14

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

That,

(a)in the opinion of the Senate, the People’s Republic of China has engaged in actions consistent with the United Nations General Assembly Resolution 260, commonly known as the “Genocide Convention”, including detention camps and measures intended to prevent births as it pertains to Uyghurs and other Turkic Muslims; and

(b)given that (i) where possible, it has been the policy of the Government of Canada to act in concert with its allies when it comes to the recognition of a genocide, (ii) there is a bipartisan consensus in the United States where it has been the position of two consecutive administrations that Uyghur and other Turkic Muslims are being subjected to a genocide by the Government of the People’s Republic of China, the Senate, therefore, recognize that a genocide is currently being carried out by the People’s Republic of China against Uyghurs and other Turkic Muslims, call upon the International Olympic Committee to move the 2022 Olympic Games if the Chinese government continues this genocide and call on the government to officially adopt this position; and

That a message be sent to the House of Commons to acquaint that house with the above.

After debate,

The question was put on the motion.


A point of order was raised with respect to the question being put on the motion.

After debate,

The Speaker reserved his decision.

o o o

Resuming debate on the motion of the Honourable Senator Bernard, seconded by the Honourable Senator Dalphond:

That the Senate recognize:

(a)that the British Parliament abolished slavery in the British Empire as of August 1, 1834;

(b)that slavery existed in British North America prior to its abolition in 1834;

(c)that abolitionists and others who struggled against slavery, including those who arrived in Upper and Lower Canada by the Underground Railroad, have historically celebrated August 1 as Emancipation Day;

(d)that the Government of Canada announced on January 30, 2018, that it would officially recognize the United Nations International Decade for People of African Descent to highlight the important contributions that people of African descent have made to Canadian society, and to provide a platform for confronting anti-Black racism; and

(e)the heritage of Canada’s people of African descent and the contributions they have made and continue to make to Canada; and

That, in the opinion of the Senate, the government should designate August 1 of every year as “Emancipation Day” in Canada.

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

o o o

Resuming debate on the motion of the Honourable Senator Forest-Niesing, seconded by the Honourable Senator Woo:

That the Senate:

1.express its concern about the closure at Laurentian University in Sudbury, of 58 undergraduate programs and 11 graduate programs, including 28 French-language programs, representing 58% of its French-language programs, and the dismissal of 110 professors, nearly half of whom are French speaking;

2.reiterate its solidarity with the Franco-Ontarian community;

3.recall the essential role of higher education in French for the vitality of the Franco-Canadian and Acadian communities and the responsibility to defend and promote linguistic rights, as expressed in the Canadian Charter of Rights and Freedoms and the Official Languages Act; and

4.urge the government of Canada to take all necessary steps, in accordance with its jurisdiction, to ensure the vitality and development of official language minority communities.

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, on division.

Inquiries

Orders No. 1 and 2 were 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.

The Honourable Senator Moodie moved, seconded by the Honourable Senator Woo, that further debate on the inquiry be adjourned until the next sitting.

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

o o o

Orders No. 7, 9, 10 and 12 were called and postponed until the next sitting.

MOTIONS

Order No. 71 was withdrawn pursuant to rule 5-10(2).

o o o

The Honourable Senator Ngo moved, seconded by the Honourable Senator Martin:

That the Senate note that, by adopting the Journey to Freedom Day Act on April 23, 2015, and taking into account the first two elements of the preamble of the said Act, the Parliament of Canada unequivocally recognized violations of:

(a)the Agreement on Ending the War and Restoring Peace in Viet-Nam and its protocols (Paris Peace Accords); and

(b)the Act of the International Conference on Viet-Nam; and

That the Senate urge the Government of Canada to call upon six or more of the current parties to the Act of the International Conference on Viet-Nam, which include Canada, France, Hungary, Indonesia, Poland, Russia, the United Kingdom and the United States of America, amongst others, to agree to the reconvention of the International Conference on Viet-Nam pursuant to Article 7(b) of the Act of the International Conference on Viet-Nam in order to settle disputes between the signatory parties due to the violations of the terms of the Paris Peace Accords and the Act of the International Conference on Viet-Nam.

The Honourable Senator Ngo 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.

o o o

The Honourable Senator Dalphond moved, seconded by the Honourable Senator Duncan:

That the Senate:

1. recall that, despite the commitment found in section 55 of the Constitution Act, 1982 to have a fully bilingual Constitution, as of today, of the 31 enactments that make up the Canadian Constitution, 22 are official only in their English version, including almost all of the Constitution Act, 1867; and

2.call upon the government to consider, in the context of the review of the Official Languages Act, the 2018 recommendation of the Canadian Bar Association to include a section requiring the Minister of Justice of Canada to submit, every five years, a report detailing the efforts made to implement section 55 of the Constitution Act, 1982.

The Honourable Senator Dalphond 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.

INQUIRIES

The Honourable Senator Simons called the attention of the Senate to the pandemic-related fiscal crisis facing NAV CANADA and its impact on levels of air traffic control and public safety services at regional airports across Canada.

Debate.

ADJOURNMENT

At midnight, pursuant to the order adopted by the Senate on June 23, 2021, the Senate adjourned until 2 p.m., tomorrow.

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

Report on the Employment Equity Act (Labour) for the year 2020, pursuant to the Act, S.C. 1995, c. 44, s. 20.—Sessional Paper No. 2/43-965.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Transport and Communications

The Honourable Senator Keating replaced the Honourable Senator Forest-Niesing (June 28, 2021).