The Members convened were:

The Honourable Senators

ArnotAtaullahjanAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieOhOmidvarPatePattersonPetitclercPlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithSorensenTannasVernerWallinWellsWetstonWhiteWooYussuff

The Members in attendance to business were:

The Honourable Senators

ArnotAtaullahjanAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieOhOmidvarPatePattersonPetitclercPlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithSorensenTannasVernerWallinWellsWetstonWhiteWooYussuff

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

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator MacDonald tabled the following:

Report of the Canada–United States Inter-Parliamentary Group, U.S. Congressional Meetings, by videoconference, from March 15 to 18, 2021.—Sessional Paper No. 1/44-468.

Report of the Canada–United States Inter-Parliamentary Group, Western Governors’ Association Annual Meeting, by videoconference, from June 30 to July 1, 2021.—Sessional Paper No. 1/44-469.

Report of the Canada–United States Inter-Parliamentary Group, National Conference of State Legislatures’ Base Camp, by videoconference, from August 3 to 5, 2021.—Sessional Paper No. 1/44-470.

Report of the Canada–United States Inter-Parliamentary Group, Canadian/American Border Trade Alliance Virtual Conference, by videoconference, from December 6 to 7, 2021.—Sessional Paper No. 1/44-471.

Notices of Motions

With leave of the Senate,

The Honourable Senator Housakos moved, seconded by the Honourable Senator Wells:

That the Standing Senate Committee on Transport and Communications be authorized to examine and report on the impacts of climate change on critical infrastructure in the transportation and communications sectors and the consequential impacts on their interdependencies, and measures needed to increase resiliency to those impacts;

That the committee also examine the impacts of critical infrastructure in the transportation and communications sectors on climate change, and measures to reduce those impacts; and

That the committee submit its final report no later than November 30, 2023, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.

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, on December 14, 2021, after the first recorded vote this session, Senator Martin asked for clarification about the practice of senators explaining their reasons for abstaining only after they have voted. I had previously addressed this issue on March 17, 2021, when I noted “that the time for explaining why you abstain is during debate on the matter.”

The practice of providing an explanation of abstentions reflects requirements dating back to a period when senators needed permission to abstain, after providing an acceptable explanation. Since 1982, senators have been able to abstain without permission. While our Rules therefore no longer mention explanations of abstentions, they have sometimes occurred, representing something of a residual element of our practice.

Honourable senators, in practice, of course, one would expect that the number of abstentions on any particular vote should be quite limited in most cases, and this indeed reflects historical patterns. One of the most important roles of a senator is to vote, thereby fulfilling our fundamental responsibility to make sometimes difficult decisions that will affect all Canadians.

As all senators know, abstaining is not a vote. However, in recent years the number of senators abstaining has grown considerably. This is a development on which all colleagues should reflect carefully. We have also seen increasing numbers of attempts to explain abstentions after the vote. In some cases, these have actually seemed to be speeches that would be more appropriately given before the vote. Let me remind you that, even when our Rules required explanations for abstentions, they were brief.

The Senate has generally been accommodating to colleagues on this point. Now that the issue has been raised a second time, however, it would be appropriate to note that such explanations should be limited to the rarest of circumstances. They might, for example, be appropriate if, after the bells are ringing for a vote, a senator realizes that he or she may have a possible conflict of interest, or if a colleague had not been able to follow the debate, and wanted to clarify that the abstention reflected a wish to avoid voting on an issue with insufficient information. If allowed, such explanations must be extremely brief. They are not a substitute for participating in debate, and they must never be viewed as a substitute for a vote.

I would like to thank Senator Martin for raising this important issue again.

Government Business

Bills – Second Reading

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

Motions

Resuming debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson:

That the following Address be presented to Her Excellency the Governor General of Canada:

To Her Excellency the Right Honourable Mary May Simon, 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.

o o o

Resuming debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator Cotter:

Whereas on October 21, 1880, the Government of Canada entered into a contract with the Canadian Pacific Railway Syndicate for the construction of the Canadian Pacific Railway;

Whereas, by clause 16 of the 1880 Canadian Pacific Railway contract, the federal government agreed to give a tax exemption to the Canadian Pacific Railway Company;

Whereas, in 1905, the Parliament of Canada passed the Saskatchewan Act, which created the Province of Saskatchewan;

Whereas section 24 of the Saskatchewan Act refers to clause 16 of the 1880 Canadian Pacific Railway Contract;

Whereas the Canadian Pacific Railway was completed on November 6, 1885, with the Last Spike at Craigellachie, and has been operating as a going concern for 136 years;

Whereas, the Canadian Pacific Railway Company has paid applicable taxes to the Government of Saskatchewan since the Province was established in 1905;

Whereas it would be unfair to the residents of Saskatchewan if a major corporation were exempt from certain provincial taxes, casting that tax burden onto the residents of Saskatchewan;

Whereas it would be unfair to other businesses operating in Saskatchewan, including small businesses, if a major corporation were exempt from certain provincial taxes, giving that corporation a significant competitive advantage over those other businesses, to the detriment of farmers, consumers and producers in the Province;

Whereas it would not be consistent with Saskatchewan’s position as an equal partner in Confederation if there were restrictions on its taxing powers that do not apply to other provinces;

Whereas on August 29, 1966, the then President of the Canadian Pacific Railway Company, Ian D. Sinclair, advised the then federal Minister of Transport, Jack Pickersgill, that the Board of the Canadian Pacific Railway Company had no objection to constitutional amendments to eliminate the tax exemption;

Whereas section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;

Whereas the Legislative Assembly of Saskatchewan, on November 29, 2021, adopted a resolution authorizing an amendment to the Constitution of Canada;

Now, therefore, the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by Her Excellency the Governor General under the Great Seal of Canada in accordance with the annexed schedule.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

1.Section 24 of the Saskatchewan Act is repealed.

2.The repeal of section 24 is deemed to have been made on August 29, 1966, and is retroactive to that date.

CITATION

3.This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Saskatchewan Act).

After debate,

The Honourable Senator Griffin moved, seconded by the Honourable Senator White, that further debate on the motion be adjourned until the next sitting.

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

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, February 22, 2022, at 2 p.m.

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

Inquiries

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

Other Business

Senate Public Bills – Second Reading

Second reading of Bill S-201, An Act to amend the Canada Elections Act and the Regulation Adapting the Canada Elections Act for the Purposes of a Referendum (voting age).

The Honourable Senator McPhedran moved, seconded by the Honourable Senator White, that the bill be read the second time.

After debate,

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

Order No. 2 was called and postponed until the next sitting.

o o o

Second reading of Bill S-205, An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders).

The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Plett, that the bill be read the second time.

After debate,

The Honourable Senator Pate moved, seconded by the Honourable Senator Dean, 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. 4, 5 and 6 were called and postponed until the next sitting.

o o o

Second reading of Bill S-215, An Act respecting measures in relation to the financial stability of post-secondary institutions.

The Honourable Senator Moncion moved, seconded by the Honourable Senator Dean, that the bill be read the second time.

Debate.

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Pursuant to rule 3-3(1) and the order adopted by the Senate on November 25, 2021, the Speaker pro tempore left the Chair to resume the same at 7 p.m.

The sitting resumed.

Senate Public Bills – Second Reading

The Senate resumed debate on the motion of the Honourable Senator Moncion, seconded by the Honourable Senator Dean, for the second reading of Bill S-215, An Act respecting measures in relation to the financial stability of post-secondary institutions.

After debate,

The Honourable Senator Plett moved, seconded by the Honourable Senator Batters, 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. 8, 9, 10, 11, 12, 13, 14, 15 and 16 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Housakos, for the second reading of Bill S-229, An Act to amend the Language Skills Act (Lieutenant Governor of New Brunswick).

After debate,

The Honourable Senator Dalphond moved, 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. 18, 19, 20, 21 and 22 were called and postponed until the next sitting.

Motions

Order No. 3 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Pate, seconded by the Honourable Senator Duncan:

That the Standing Senate Committee on National Finance be authorized to examine and report on a road map for post-pandemic economic and social policy to address the human, social and financial costs of economic marginalization and inequality, when and if the committee is formed;

That, given recent calls for action from Indigenous, provincial, territorial and municipal jurisdictions, the committee examine in particular potential national approaches to interjurisdictional collaboration to implement a guaranteed livable basic income; and

That the committee submit its final report no later than December 31, 2022.

After debate,

The Honourable Senator Plett moved, seconded by the Honourable Senator Batters, 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 Galvez, 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 Duncan moved, seconded by the Honourable Senator Dasko, 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

Order No. 10 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator McCallum, seconded by the Honourable Senator LaBoucane-Benson:

That the Senate of Canada call on the federal government to adopt anti-racism as the sixth pillar of the Canada Health Act, prohibiting discrimination based on race and affording everyone the equal right to the protection and benefit of the law.

After debate,

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.

---

Ordered, That motions No. 25, 26, 34, 35, 36, 37, 38, 39, 40, 41 and 42 on the Notice Paper be brought forward.

The Honourable Senator Manning moved, for the Honourable Senator Busson, seconded by the Honourable Senator Plett:

That the Standing Senate Committee on Fisheries and Oceans be authorized to examine and report on issues relating to the federal government’s current and evolving policy framework for managing Canada’s fisheries and oceans, including maritime safety; and

That the committee submit its final report to the Senate no later than June 30, 2025.

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

o o o

The Honourable Senator Manning moved, for the Honourable Senator Busson, seconded by the Honourable Senator Plett:

That the Standing Senate Committee on Fisheries and Oceans be authorized to examine and report on the implementation of Indigenous rights-based fisheries across Canada, including the implementation of the rights of Mi’kmaq and Maliseet communities in Atlantic Canada to fish in pursuit of a moderate livelihood;

That the Committee study how Indigenous rights-based fisheries have been implemented by the federal government thus far, and that the Committee identify the most appropriate and effective ways to ensure the recognition and implementation of Indigenous rights-based fisheries going forward;

That the papers and evidence received and taken and work accomplished by the Standing Senate Committee on Fisheries and Oceans during the Second Session of the Forty-third Parliament as part of its study of issues relating to its mandate as set out in the relevant subsection of rule 12-7, be referred to the committee; and

That the Committee report to the Senate no later than December 31, 2022, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.

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

o o o

The Honourable Senator Boehm moved, seconded by the Honourable Senator Cormier:

That the Standing Senate Committee on Foreign Affairs and International Trade, in accordance with rule 12-7(4), be authorized to examine such issues as may arise from time to time relating to foreign relations and international trade generally; and

That the committee report to the Senate no later than June 30, 2025.

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

o o o

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Dasko:

That the Standing Senate Committee on Social Affairs, Science and Technology, in accordance with rule 12-7(9), be authorized to examine and report on such issues as may arise from time to time relating to social affairs, science and technology generally; and

That the committee submit its final report on this study to the Senate no later than June 12, 2025.

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

o o o

The Honourable Senator Black moved, seconded by the Honourable Senator Cormier:

That the Standing Senate Committee on Agriculture and Forestry, in accordance with rule 12-7(10), be authorized to examine and report on such issues as may arise from time to time relating to agriculture and forestry; and

That the committee report to the Senate no later than December 31, 2023.

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

o o o

The Honourable Senator MacDonald moved, seconded by the Honourable Senator Plett:

That, notwithstanding any provision of the Rules, previous order or usual practice and pursuant to the order of the Senate on November 25, 2021, authorizing Senate committees to hold hybrid meetings, the Senate authorize standing joint committees to hold hybrid meetings;

That:

(a)hybrid committee meetings be considered, for all purposes, to be meetings of the standing joint committee in question, and senators taking part in such meetings be considered, for all purposes, to be present at the meeting;

(b)for greater certainty, and without limiting the general authority granted when this order is adopted by the Senate, when a standing joint committee holds a hybrid meeting:

(i)all members of a standing joint committee participating count towards quorum;

(ii)such meetings be considered to be occurring in the parliamentary precinct, irrespective of where participants may be; and

(iii)the standing joint committees be directed to approach in camera meetings with all necessary precaution, taking account of the risks to confidentiality inherent in such technologies; and

(c)subject to variations that may be required by the circumstances, to participate by videoconference senators must:

(i) participate from an office or residence within Canada;

(ii)use a desktop or laptop computer and a headset with integrated microphone provided by the Senate for videoconferences;

(iii)not use other devices such as personal tablets or smartphones;

(iv)be the only people visible on the videoconference;

(v)have their video on and broadcasting their image at all times; and

(vi)leave the videoconference if they leave their seat; and

That a message be sent to the House of Commons to acquaint that House accordingly.

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

o o o

The Honourable Senator Cormier moved, seconded by the Honourable Senator Pate:

That the Standing Senate Committee on Official Languages be authorized to examine and report on Francophone immigration to minority communities;

That, given that the federal government plans to develop an ambitious national Francophone immigration strategy, the committee be authorized to:

a)review the progress on the target for French-speaking immigrants settling outside of Quebec;

b)study the factors that support or undermine the ability of French-speaking immigrants to settle in Francophone minority communities;

c)study the factors that support or undermine the ability of Canada’s current immigration programs and measures to maintain the demographic weight of the French-speaking population;

d)study the measures and programs implemented by the Government of Canada to recruit, welcome and integrate French-speaking immigrants, refugees and foreign students;

e)study the impact of these measures and programs on the development and vitality of English-speaking communities in Quebec; and

f)identify ways to increase support for this sector and to ensure that the Government of Canada’s objectives can be met; and

That the committee submit its final report to the Senate no later than March 31, 2023, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.

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

o o o

The Honourable Senator Dean moved, seconded by the Honourable Senator Dasko:

That the Standing Senate Committee on National Security and Defence be authorized to examine and report on matters relating to national defence and security generally, including veterans’ affairs, as stated in rule 12-7(15); and

That the committee submit its final report no later than June 30, 2023, and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

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

o o o

The Honourable Senator Dean moved, seconded by the Honourable Senator Dasko:

That the Standing Senate Committee on National Security and Defence be authorized to examine and report on:

(a) services and benefits provided to members of the Canadian Forces; to veterans who have served honourably in the Canadian Armed Forces in the past; to members and former members of the Royal Canadian Mounted Police and its antecedents; and all of their families;

(b) commemorative activities undertaken by the Department of Veterans Affairs Canada, to keep alive for all Canadians the memory of Canadian veterans’ achievements and sacrifices;

(c) continuing implementation of the Veterans Well-being Act; and

That the committee report to the Senate no later than June 30, 2023, and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

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

o o o

The Honourable Senator Dean moved, seconded by the Honourable Senator Dasko:

That the Standing Senate Committee on National Security and Defence be authorized to examine and report on issues relating to security and defence in the Arctic, including Canada’s military infrastructure and security capabilities; and

That the committee report to the Senate no later than June 30, 2023, and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

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

o o o

The Honourable Senator Miville-Dechêne moved, for the Honourable Senator Housakos, seconded by the Honourable Senator Dean:

That the Standing Senate Committee on Transport and Communications be authorized to examine and report on matters relating to transport and communications generally, including:

(a)transport and communications by any means;

(b)tourist traffic;

(c)common carriers; and

(d)navigation, shipping and navigable waters; and

That the committee submit its final report no later than September 30, 2025, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.

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

Motions

Resuming debate on the motion of the Honourable Senator McCallum, seconded by the Honourable Senator LaBoucane-Benson:

That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to examine and report on the cumulative positive and negative impacts of resource extraction and development, and their effects on environmental, economic and social considerations, when and if the committee is formed; and

That the committee submit its final report no later than December 31, 2022.

Debate.

ADJOURNMENT

At 9 p.m., pursuant to the order adopted by the Senate on November 25, 2021, the Senate adjourned until Tuesday, February 22, 2022, at 2 p.m.

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

Copy of Order in Council P.C. 2022-41 concerning minimizing the risk of exposure to COVID-19 in Canada (Prohibition of Entry to Canada) and copy of Order in Council P.C. 2022-42 concerning minimizing the risk of exposure to COVID-19 in Canada (Quarantine, Isolation and Other Obligations), pursuant to the Quarantine Act, S.C. 2005, c. 20, sbs. 61(2).—Sessional Paper No. 1/44-467.

Charter Statement prepared by the Minister of Justice in relation to Bill S-2, An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts, pursuant to the Department of Justice Act, R.S.C. 1985, c. J-2, sbs. 4.2(1).—Sessional Paper No. 1/44-472.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Anderson replaced the Honourable Senator Dawson (February 10, 2022).

The Honourable Senator Sorensen replaced the Honourable Senator Yussuff (February 10, 2022).

The Honourable Senator Galvez replaced the Honourable Senator Pate (February 10, 2022).

The Honourable Senator Griffin replaced the Honourable Senator Patterson (February 10, 2022).

The Honourable Senator Pate replaced the Honourable Senator Galvez (February 10, 2022).

The Honourable Senator Yussuff replaced the Honourable Senator Sorensen (February 9, 2022).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Harder, P.C., replaced the Honourable Senator Dawson (February 10, 2022).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Mégie (February 10, 2022).

Standing Senate Committee on Transport and Communications

The Honourable Senator Sorensen replaced the Honourable Senator Moncion (February 10, 2022).