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Previous Sittings

Journals of the Senate

70 Elizabeth II , A.D. 2021, Canada

1st Session, 44th Parliament

Issue 7 (Unrevised)

Thursday, December 2, 2021
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieNgoOhOmidvarPatePattersonPetitclercQuinnRavaliaRichardsRinguetteSaint-GermainSimonsSmithSorensenTannasVernerWallinWellsWetstonWhiteWooYussuff

The Members in attendance to business were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieNgoOhOmidvarPatePattersonPetitclercQuinnRavaliaRichardsRinguetteSaint-GermainSimonsSmithSorensenTannasVernerWallinWellsWetstonWhiteWooYussuff

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 MacDonald presented the following:

Thursday, December 2, 2021

The Committee of Selection has the honour to present its

FIRST REPORT

Pursuant to rule 12-2(2) of the Rules of the Senate and the order of the Senate of November 25, 2021, your committee submits below a list of senators nominated by it to serve on committees.

Standing Senate Committee on Aboriginal Peoples

Independent Senators Group

The Honourable Senators Arnot, Audette, Christmas, Coyle, Hartling and Pate

Conservative Party of Canada

The Honourable Senators Patterson and Plett

Canadian Senators Group

The Honourable Senator Tannas

Progressive Senate Group

The Honourable Senators Francis and Lovelace Nicholas

Non-affiliated

The Honourable Senator LaBoucane-Benson (seat designated by the Canadian Senators Group)

Standing Senate Committee on Agriculture and Forestry

Independent Senators Group

The Honourable Senators Cotter, Deacon (Nova Scotia), Marwah, Petitclerc, Simons and Wetston

Conservative Party of Canada

The Honourable Senators Oh and Poirier

Canadian Senators Group

The Honourable Senators Black and Griffin

Progressive Senate Group

The Honourable Senators Klyne and Mercer

Standing Senate Committee on Audit and Oversight

Independent Senators Group

The Honourable Senator Dupuis

Conservative Party of Canada

The Honourable Senator Wells

Canadian Senators Group

The Honourable Senator Downe

Progressive Senate Group

The Honourable Senator Klyne

Standing Senate Committee on Banking, Trade and Commerce

Independent Senators Group

The Honourable Senators Deacon (Nova Scotia), Loffreda, Massicotte, Ringuette, Woo and Yussuff

Conservative Party of Canada

The Honourable Senators Marshall and Smith

Canadian Senators Group

The Honourable Senators Quinn and Wallin

Progressive Senate Group

The Honourable Senators Bellemare and Gignac

Standing Senate Committee on Energy, the Environment and Natural Resources

Independent Senators Group

The Honourable Senators Arnot, Galvez, Massicotte, McCallum, Miville-Dechêne and Sorensen

Conservative Party of Canada

The Honourable Senators Carignan, P.C., and Seidman

Canadian Senators Group

The Honourable Senators Griffin and Verner, P.C.

Progressive Senate Group

The Honourable Senators Anderson and Gignac

Standing Senate Committee on Fisheries and Oceans

Independent Senators Group

The Honourable Senators Busson, Christmas, Cormier, Kutcher, Petitclerc and Ravalia

Conservative Party of Canada

The Honourable Senators Ataullahjan and Manning

Canadian Senators Group

The Honourable Senators Campbell and Quinn

Progressive Senate Group

The Honourable Senators Cordy and Francis

Standing Senate Committee on Foreign Affairs and International Trade

Independent Senators Group

The Honourable Senators Boehm, Boniface, Coyle, Deacon (Ontario), Ravalia and Woo

Conservative Party of Canada

The Honourable Senators MacDonald and Oh

Canadian Senators Group

The Honourable Senators Greene and Richards

Progressive Senate Group

The Honourable Senators Gerba and Harder, P.C.

Standing Senate Committee on Human Rights

Independent Senators Group

The Honourable Senators Audette, Boyer, Hartling and Omidvar

Conservative Party of Canada

The Honourable Senators Ataullahjan and Martin

Canadian Senators Group

The Honourable Senator Griffin

Progressive Senate Group

The Honourable Senators Bernard and Gerba

Standing Committee on Internal Economy, Budgets and Administration

Independent Senators Group

The Honourable Senators Boyer, Dean, Forest, Marwah, Moncion, Moodie and Saint-Germain

Conservative Party of Canada

The Honourable Senators Marshall, Plett, Seidman and Smith

Canadian Senators Group

The Honourable Senators Campbell and Tannas

Progressive Senate Group

The Honourable Senators Bovey and Dawson

Standing Senate Committee on Legal and Constitutional Affairs

Independent Senators Group

The Honourable Senators Clement, Cotter, Dupuis, Jaffer, Pate and Wetston

Conservative Party of Canada

The Honourable Senators Boisvenu and Carignan, P.C.

Canadian Senators Group

The Honourable Senators Campbell and White

Progressive Senate Group

The Honourable Senators Dalphond and Harder, P.C.

Standing Joint Committee on the Library of Parliament

Independent Senators Group

The Honourable Senators Ravalia and Saint-Germain

Conservative Party of Canada

The Honourable Senator Plett

Canadian Senators Group

The Honourable Senator Black

Progressive Senate Group

The Honourable Senator Mercer

Standing Senate Committee on National Finance

Independent Senators Group

The Honourable Senators Boehm, Duncan, Forest, Galvez, Loffreda and Pate

Conservative Party of Canada

The Honourable Senators Marshall and Mockler

Canadian Senators Group

The Honourable Senators Dagenais and Richards

Progressive Senate Group

The Honourable Senators Gerba and Gignac

Standing Senate Committee on National Security and Defence

Independent Senators Group

The Honourable Senators Boehm, Dasko, Deacon (Ontario), Dean, Jaffer and Yussuff

Conservative Party of Canada

The Honourable Senators Boisvenu and Martin

Canadian Senators Group

The Honourable Senators Dagenais and Richards

Progressive Senate Group

The Honourable Senators Anderson and Mercer

Standing Senate Committee on Official Languages

Independent Senators Group

The Honourable Senators Clement, Cormier, Mégie and Moncion

Conservative Party of Canada

The Honourable Senators Mockler and Poirier

Canadian Senators Group

The Honourable Senator Dagenais

Progressive Senate Group

The Honourable Senator Dalphond

Non-affiliated

The Honourable Senator Gagné (seat designated by the Progressive Senate Group)

Standing Committee on Rules, Procedures and the Rights of Parliament

Independent Senators Group

The Honourable Senators Boniface, Busson, Clement, Duncan, Lankin, P.C., Massicotte and Ringuette

Conservative Party of Canada

The Honourable Senators Carignan, P.C., Housakos, Mockler and Wells

Canadian Senators Group

The Honourable Senators Black and Greene

Progressive Senate Group

The Honourable Senators Bellemare and Cordy

Standing Joint Committee for the Scrutiny of Regulations

Independent Senators Group

The Honourable Senators Dean and Woo

Conservative Party of Canada

The Honourable Senator Plett

Canadian Senators Group

The Honourable Senator Greene

Progressive Senate Group

The Honourable Senator Dalphond

Standing Senate Committee on Social Affairs, Science and Technology

Independent Senators Group

The Honourable Senators Dasko, Kutcher, Lankin, P.C., Moodie, Omidvar and Petitclerc

Conservative Party of Canada

The Honourable Senators Patterson and Plett

Canadian Senators Group

The Honourable Senator Griffin and Verner, P.C.

Progressive Senate Group

The Honourable Senators Bernard and Bovey

Standing Senate Committee on Transport and Communications

Independent Senators Group

The Honourable Senators Cormier, Dasko, Miville-Dechêne, Simons, Sorensen and Wetston

Conservative Party of Canada

The Honourable Senators Housakos and Manning

Canadian Senators Group

The Honourable Senators Quinn and Wallin

Progressive Senate Group

The Honourable Senators Dawson and Klyne

Pursuant to rule 12-3(3) of the Rules of the Senate, the Honourable Senator Gold, P.C. (or Gagné) and the Honourable Senator Plett (or Martin) are ex officio members of all committees except the Standing Committee on Ethics and Conflict of Interest for Senators, the Standing Committee on Audit and Oversight, the joint committees and subcommittees.

Respectfully submitted,

MICHAEL L. MACDONALD

Chair

With leave of the Senate,

The Honourable Senator MacDonald moved, seconded by the Honourable Senator Smith, that the report be adopted.

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

o o o

The Honourable Senator MacDonald, Chair of the Committee of Selection, presented the second report (interim) of the committee, entitled Duration of membership on committees.

(The report is printed as Appendix A at pages 107-113 (available in print format PDF).)

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

The Honourable Senator MacDonald moved, seconded by the Honourable Senator Smith, 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 MacDonald, Chair of the Committee of Selection, presented the third report (interim) of the committee, entitled Committee Meeting Schedule.

(The report is printed as Appendix B at pages 114-115 (available in print format PDF).)

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

The Honourable Senator MacDonald moved, seconded by the Honourable Senator Smith, 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.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-4, An Act to amend the Criminal Code (conversion therapy), to which it desires the concurrence of the Senate.

The bill was read the first time.

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

Introduction and First Reading of Senate Public Bills

The Honourable Senator Pate introduced Bill S-230, An Act to amend the Corrections and Conditional Release Act.

The bill was read the first time.

The Honourable Senator Pate moved, seconded by the Honourable Senator Petitclerc, 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 Carignan, P.C., introduced Bill S-231, 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 Housakos, 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.

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Downe tabled the following:

Report of the Canada-Europe Parliamentary Association, Third Part of the 2021 Ordinary Session of the Parliamentary Assembly of the Council of Europe, by videoconference, from June 21 to 24, 2021.—Sessional Paper No. 1/44-12.

Report of the Canada-Europe Parliamentary Association, Fourth Part of the 2021 Ordinary Session of the Parliamentary Assembly of the Council of Europe, by videoconference, from September 27 to 30, 2021.—Sessional Paper No. 1/44-13.

o o o

The Honourable Senator Galvez tabled the following:

Report of the Canadian Section of ParlAmericas, 17th ParlAmericas Plenary Assembly, virtual sessions, November 16 and 27, 2020.—Sessional Paper No. 1/44-14.

Report of the Canadian Section of ParlAmericas, 5th Gathering of the Parliamentary Network on Climate Change, virtual sessions, June 4, 15 and 25, 2021.—Sessional Paper No. 1/44-15.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Second Reading

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

Motions

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

o o o

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 (B) for the fiscal year ending March 31, 2022, when and if the committee is formed; 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, with rules 12-18(1) and 12-18(2) being suspended in relation thereto.

After debate,

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

o o o

The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator LaBoucane-Benson:

That, notwithstanding any provision of the Rules, previous order or usual practice:

1.in accordance with rule 10-11(1), the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine the subject matter of all of Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code, introduced in the House of Commons on November 26, 2021, in advance of the said bill coming before the Senate, when and if the committee is formed;

2.in addition, the Standing Senate Committee on Legal and Constitutional Affairs be separately authorized to examine the subject matter of clauses 1 to 5 contained in Bill C-3 in advance of it coming before the Senate, when and if the committee is formed;

3.for the purpose of their studies, the aforementioned committees have the power to meet, even though the Senate may then be sitting or adjourned, with rules 12-18(1) and 12-18(2) being suspended in relation thereto;

4.subject to the following paragraph, as the reports from the committees authorized to examine the subject matter of all or of particular elements of Bill C-3 are tabled in the Senate, they be placed on the Orders of the Day for consideration later that day; and

5.each of the committees authorized to examine the subject matter of all or of particular elements of Bill C-3 be authorized to deposit its report with the Clerk of the Senate if the Senate is not then sitting, with the reports thus deposited being placed on the Orders of the Day for consideration at the next sitting after they are tabled.

After debate,

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

o o o

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, December 7, 2021, at 2 p.m.

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

Other Business

Senate Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5, 6, 7, 8 and 9 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Miville-Dechêne, seconded by the Honourable Senator McCallum, for the second reading of Bill S-210, An Act to restrict young persons' online access to sexually explicit material.

After debate,

The Honourable Senator McCallum moved, seconded by the Honourable Senator Miville-Dechêne, 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. 11 and 12 were called and postponed until the next sitting.

o o o

Second reading of Bill S-213, An Act to amend the Criminal Code (independence of the judiciary).

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Forest, that the bill be read the second time.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Carignan, P.C., 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 and 15 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 Duncan, for the second reading of Bill S-216, An Act to amend the Income Tax Act (use of resources of a registered charity).

After debate,

The Honourable Senator Dalphond moved, for the Honourable Senator Mercer, seconded by the Honourable Senator Cordy, 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. 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 were called and postponed until the next sitting.

Motions

Orders No. 6, 10, 11 and 12 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Patterson:

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.

After debate,

The Honourable Senator Dean moved, seconded by the Honourable Senator Miville-Dechêne, 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 Dalphond, seconded by the Honourable Senator Cordy:

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 addition of a requirement to submit, every five years, a report detailing the efforts made to comply with section 55 of the Constitution Act, 1982.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Carignan, P.C., that further debate on the motion be adjourned until the next sitting.

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

MOTIONS

The Honourable Senator Galvez moved, seconded by the Honourable Senator Forest:

That the Senate of Canada recognize that:

(a)climate change is an urgent crisis that requires an immediate and ambitious response;

(b)human activity is unequivocally warming the atmosphere, ocean and land at an unprecedented pace, and is provoking weather and climate extremes in every region across the globe, including in the Arctic, which is warming at more than twice the global rate;

(c)failure to address climate change is resulting in catastrophic consequences especially for Canadian youth, Indigenous Peoples and future generations; and

(d)climate change is negatively impacting the health and safety of Canadians, and the financial stability of Canada;

That the Senate declare that Canada is in a national climate emergency which requires that Canada uphold its international commitments with respect to climate change and increase its climate action in line with the Paris Agreement’s objective of holding global warming well below two degrees Celsius and pursuing efforts to keep global warming below 1.5 degrees Celsius; and

That the Senate commit to action on mitigation and adaptation in response to the climate emergency and that it consider this urgency for action while undertaking its parliamentary business.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Yussuff, 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 Kutcher moved, seconded by the Honourable Senator Boehm:

That the Standing Senate Committee on Social Affairs, Science and Technology be authorized, when and if it is formed, to examine and report on the Federal Framework for Suicide Prevention, including, but not limited to:

(a)evaluating the effectiveness of the Framework in significantly, substantially and sustainably decreasing rates of suicide since it was enacted;

(b)examining the rates of suicide in Canada as a whole and in unique populations, such as Indigenous, racialized and youth communities;

(c)reporting on the amount of federal funding provided to all suicide prevention programs or initiatives for the period 2000-2020 and determining what evidence-based criteria for suicide prevention was used in each selection;

(d)determining for each of the programs or interventions funded in paragraph (c), whether there was a demonstrated significant, substantive and sustained decrease in suicide rates in the population(s) targeted; and

(e)providing recommendations to ensure that Canada’s Federal Framework for Suicide Prevention and federal funding for suicide prevention activities are based on best available evidence of impact on suicide rate reduction; and

That the committee submit its final report on this study to the Senate no later than December 16, 2022.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Wells, 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 challenges and opportunities that Canadian municipalities face, and to the importance of understanding and redefining the relationships between Canada’s municipalities and the federal government.

After debate,

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

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

o o o

The Honourable Senator Harder, P.C., called the attention of the Senate to the role and mandate of the RCMP, the skills and capabilities required for it to fulfill its role and mandate, and how it should be organized and resourced in the 21st century.

After debate,

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

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

ADJOURNMENT

The Honourable Senator Gagné moved, seconded by the Honourable Senator LaBoucane-Benson:

That the Senate do now adjourn.

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

(Accordingly, at 6:03 p.m., the Senate was continued until Tuesday, December 7, 2021, at 2 p.m.)

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Housakos replaced the Honourable Senator Seidman (December 2, 2021).

The Honourable Senator Martin replaced the Honourable Senator Plett (December 2, 2021).

The Honourable Senator Dawson was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Tannas was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Bovey was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Forest was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Dean was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Marwah was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Marshall was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Massicotte was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Jaffer was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Campbell was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Moncion was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Plett was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Saint-Germain was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Carignan, P.C., was removed from the membership of the committee, substitution pending (December 2, 2021).

The Honourable Senator Seidman was removed from the membership of the committee, substitution pending (December 2, 2021).

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